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- Jurisdiction
- Telangana
- Enactment date
- 1317-11-21
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THE TELANGANA LAND REVENUE ACT, 1317 F.
(ACT NO. VIII OF 1317 F.)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER I.
PRELIMINARY.
1. Short title and commencement.
1-A. Effect of Regulations LX & LXIX of 1358 Fasli and
Act XXI of 1950 on this Act.
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2. Definitions.
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CHAPTER - II.
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APPOINTMENT AND POWERS OF REVENUE
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OFFICERS.
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3. Chief Controlling Authority in matters relating to
land revenue.
4. Omitted.
5. Omitted.
6. Appointment of Collector.
6-A. Additional Collector or Additional Taluqdar to have
had always the same powers and duties as the
Collector or Taluqdar.
7. Appointment of Deputy or Assistant Collector.
8. Deputy or Assistant Collector to hold charge of that
office in absence of Collector until person is
appointed or Collector resumes charge.
9. Tahsildar, his appointment, duties and powers.
10. Tahsildar may depute subordinates to perform
certain of his services.
2 [Act No. VIII of 1317 F.]
11. Temporary arrangement of office of Tahsildar.
12. Survey officers, their duties and powers.
13. Combination of offices.
14. Appointment of officers to be notified.
15. Power of appointment of establishment.
16. Power of Collector to transfer cases.
CHAPTER - III Omitted.
CHAPTER - IV.
LAND AND LAND REVENUE.
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24. All lands etc. are property of Government.
25. Assigning of land for special purposes to be lawful.
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26. Animals which shall graze on land set apart for free
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pasturage of animals.
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27. Cases in which there shall be right to carry earth
stones, etc., from river, stream or bed of tank.
TREES
28. Trees Irsali or Ghairi on land held by Pattadar.
29. Right of pattadar to trees planted on occupied land
prior to his occupation.
30. Trees outside occupied tracts or in bed of rivers,
streams, etc.
31. Sale of Irsali trees outside reserved area.
32. Letting out for cultivation unoccupied land
containing valuable trees situate in taluqa where
forest boundaries have not been demarcated.
33. Fresh patta within reserved forest to be given in
consultation with Conservator of Forests.
[Act No. VIII of 1317 F.] 3
34. Proprietary rights over toddy and sendhi trees and
the right to plant such trees.
35. Proprietary rights of Government over toddy, sendhi
and gulmohwa trees.
36. Omitted.
37. Rules relating to lopping of Sendhi and toddy and
tapping trees to apply to trees belonging to
Government.
37-A. Duty of Pattadar or tenant to report illegal rapping of
toddy and sendhi trees.
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38. Proprietary right over Gulmohwa trees and the right
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to plant such trees.
39. aC
Right to fruit bearing trees in occupied land.
40. Omitted.
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41. Procedure where land is in occupation of one
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person and another person has right on trees.
42. Procedure for trees planted in unoccupied land by
any person and retained in his possession.
43. If in event of pattadar absconding or dying or
tendering compromise, right of any other person to
land is not recognized, trees to be property of
Government.
44. Land may be let out free of assessment for planting
shady trees for public benefit.
45. Conditions on which land for raising groves may be
given.
46. Procedure where Pattadar is felling trees belonging
to Government.
46-A. Restrictions on felling of sendhi, toddy and
gulmohwa trees and fruit bearing trees.
4 [Act No. VIII of 1317 F.]
47. Permission to take wood from waste land outside
reserved forest.
LAND REVENUE.
48. All land to be liable to payment of land revenue save
in case of remission.
49. If alluvial land be within land excluded from
Government demand etc., it shall be subject to
original land for purpose of payment of land
revenue.
50. Land revenue to be assessed according to use of
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land for various requirements.
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51. Settlement of land revenue with whom to be made.
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Assessment of land revenue by whom and how to
be made.
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53. Water rate.
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CHAPTER V.
OCCUPATION OF KHALSA LAND AND RIGHT OF
OCCUPANTS.
54. Procedure for acquiring unoccupied land.
54-A. Procedure in respect of land acquired for purpose of
public benefit and no more required.
55. Rules relating to alluvial land.
56. Rules relating to diluvial land.
57. Procedure when person un-lawfully occupies un-
occupied land or uses land without title.
58. Occupancy right is heritable and transferable.
58-A. Sanction of Collector for transfer of occupied land
compulsory in certain cases.
58-B. Procedure in case of transfer by order of Court of
land not transferable without sanction of Collector.
[Act No. VIII of 1317 F.] 5
59. Who shall be Pattadar on death of Pattadar.
60. Occupancy right to be sold in case Pattadar dies
intestate or heirless.
61. Occupant to be entitled to construct godowns and
wells etc., or otherwise improve condition of land.
62. Procedure in case of agricultural land appropriated
to non-agricultural purposes.
63. Right to all mines vests in Government.
64. Occupant may relinquish or transfer occupancy right
to another.
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65. Right of way on relinquishing land to vest in future
holder.
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CHAPTER VI.
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SUPERIOR HOLDER AND SHIKMI-HOLDER.
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66. Liability and rights of Pote-pattadar.
67. When shall Asami-Shikmi have perpetual occupancy
right.
67-A. Conferment of Pattadari rights on Shikmidars.
67-B. Validation of certain transfers of land and conferment
of pattadari rights on transferees.
68. Liability of Shikmidar to payment of land revenue.
69. When rent may be enhanced on Shikmidar.
70. When Shikmidar shall be entitled to reduction of
rent.
71. Liability of Asami-Shikmi respecting payment of rent
and procedure when Shikmi relation is not desired
to be maintained.
72. Application for arrears of land revenue or rent in
Tahsil within three years.
6 [Act No. VIII of 1317 F.]
73. Procedure in case of remission of suspension of
land revenue.
74. Omitted.
75. Penalty when proved that land holder has by force
recovered any amount in excess of fixed land
revenue or rent.
76. In default of payment of land revenue it shall be
lawful in certain cases to cease and auction right of
pattadar and make any co-occupant or other
concerned person a pattadar
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CHAPTER VII.
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SETTLEMENT AND PARTITION OF AREAS.
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Government may introduce revenue survey into any
part of Dominions.
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78. Land holders etc., may be made by general notice
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or summons, to attend survey operations and
assistance of village officers, and officers concerned
may be taken.
79. No number to comprise of less than fixed area.
80. When pattadar or pote number tenders compromise
it may be made over to any one of pote pattadars of
same number.
81. Settlement officers to make assessment.
82. Assessment of land revenue may be made directly
of land or of means of irrigation.
83. Assessments made in settlement shall not be
recovered without sanction of Government.
84. Announcement of assessment how made.
85. When assessment fixed shall be levied.
86. Preparation of register.
[Act No. VIII of 1317 F.] 7
87. Settlement officer to correct clerical and other errors
admitted by all parties and application for correction
of name to be made within two years.
87-A. Delegation of powers of Government.
88. Settlement records to be made over to Collector
who shall cause village records to be prepared.
88-A. Omitted.
89. Division of numbers and fixing of pote-numbers on
second settlement to be lawful.
89-A. Division of Survey numbers into new Survey
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numbers.
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89-B. Division of Survey numbers into pote numbers.
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CHAPTER VIll.
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DISPUTE RELATING TO BOUNDARIES AND
lNSTALLATION AND MAINTENANCE OF
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BOUNDARY MARKS.
90. Determination of village boundaries.
91. Procedure in case of disagreement or dispute.
92. Determination of field boundaries.
93. Settlement of boundary disputes by arbitration.
94. Construction or repair of boundary marks of Villages
and survey numbers.
95. Dimensions and form etc., of boundaries to be
determined with sanction of Chief Revenue
Authority.
96. Collector to have charge of boundary marks after
introduction of settlement.
97. Responsibility for preservation of boundary marks.
98. Penalty for damaging etc., boundary marks.
8 [Act No. VIII of 1317 F.]
99. Fixing of limits of village sites.
100. No land revenue to be levied in certain cases on
lands within village site.
101. Procedure on occupying without permission land
situate in village site.
102. Suit not to be instituted in Civil Court after one year
from order of Collector.
CHAPTER IX.
REALIZATION OF LAND REVENUE AND OTHER
GOVERNMENT DEMANDS.
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103. Responsibility for payment of land revenue.
PRIORITY OF GOVERNMENT CLAIM FOR LAND
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REVENUE.
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104. Government demand to have priority over all claims.
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105. Produce of land to be deemed as, hypothecated for
payment of land revenue.
PRECAUTIONARY MEASURES FOR SECURING
LAND REVENUE.
106. Produce disposed of by sale etc., may be withheld
till payment of land revenue.
107. Power of Collector when apprehended that revenue
shall not be recoverable.
108. Issue of orders provided for in section 107 and
penalty for contravention thereof.
109. Reaping or removal of produce of land not to be
prohibited for such long period as to damage
produce.
110. Attachment of village or part of village for land
revenue.
[Act No. VIII of 1317 F.] 9
111. Precautionary measures to be suspended on
security being furnished.
MODE OF INSTALMENTS OF LAND REVENUE.
112. Government to determine date and instalments for
recovery of amount.
DEFAULTERS.
113. Arrears and defaulter.
114. Liability incurred in case of non-payment of arrears.
115. Certified account to be conclusive evidence as to
arrears.
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RECOVERY OF ARREARS OF LAND REVENUE.
116. Measures for recovery. aC
117. Measures specified applicable to arrears due both
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for previous years and current year.
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NOTICE OF DEMAND.
118. When and by whom notice of demand may be
issued and its costs.
119. Distraint and sale of defaulter’s movable property.
120. Distraint and sale of defaulter’s immovable property.
121. Property of defaulter exempt from attachment.
ARREST AND IMPRISONMENT.
122. Power to arrest defaulter and send him to Civil Jail.
123. Power to arrest.
FORFEITURE OF OCCUPANCY AND EVICTION OF
DEFAULTER.
124. Lease and sale of occupancy right.
125-128.Omitted.
10 [Act No. VIII of 1317 F.]
STAY OF PROCEEDINGS FOR RECOVERY OF
ARREARS.
129. Recovery proceedings to be stayed on security
being given or amount being paid.
130. Procedure for sale and publication of notification.
131. Objection in respect of attached property.
132. Sale by whom and when to be made.
133. When sale may be stayed.
134. By whose sanction sale shall be final.
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135. Mode of payment of purchase money.
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136. Re-sale if purchase money is not paid within
prescribed time. aC
137. Receipt for purchase money to be furnished and
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sale as concluded to become absolute.
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138. Application to set aside sale of immovable property.
139. Order confirming or setting aside sale.
140. Refund of purchase money if sale is not confirmed
or set aside.
141. Putting purchaser into possession of holding sold
and entering his name as pattadar in village record.
142. Application of purchase money.
143. Liability of purchaser for payment of land revenue.
144. Sums recoverable under provisions of this Chapter.
CHAPTER X.
PROCEDURE OF REVENUE OFFICERS.
145. Revenue officer to be subordinate to his superior.
146. Power to issue summons for evidence and
producing document etc.
[Act No. VIII of 1317 F.] 11
147. Form, issue and service of summons.
148. Code of Civil Procedure regarding sustenance
allowances to be followed when party desires
attendance of witnesses.
FORMAL INQUIRY.
149. Mode of recording evidence in formal inquiry.
150. Mode of writing decisions.
SUMMARY INQUIRY.
151. Mode of summary inquiry.
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152. Formal and summary inquiry to be deemed judicial
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proceedings and to be conducted openly.
153. Mode of ordinary inquiry. aC
154. Manner of obtaining copies and translation.
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155. Arrest to be made by warrant.
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156. Power to enter upon land or premises when
necessary.
157. Mode of evicting unlawful occupant.
CHAPTER XI.
APPEAL, REVIEW AND REVISION.
APPEAL.
158. Appeal from order of Revenue officer.
159. Non-appealable orders.
160. Period of limitation.
161. Original order or copy thereof to be filed along with
memorandum etc.
162. Powers of appellate authority.
163. Power to stay execution.
12 [Act No. VIII of 1317 F.]
164. Final order to be deemed non-appealable.
165. Propriety of reconsideration of order passed on
motion of incompetent officer.
166. Review.
166-A. Application of Limitation Act.
166-B. Revision.
166-C. Review by Government.
CHAPTER XII.
MISCELLANEOUS
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167. Inspection of maps, survey records and village
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accounts and granting copies thereof.
168.
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Rules for partition of an area on which land revenue
is levied.
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169-171. Omitted.
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172. Power to make rules.
173. Punishment for breach of rules.
THE TELANGANA LAND REVENUE ACT, 1317 F.1
ACT No. VIII of 1317 F.
CHAPTER I.
PRELIMINARY.
1. (1) This Act may be called 2[the Telangana Land Short title and
Revenue Act, 1317 F.] and it shall come into force from 1st commencement.
Azur 1318 Fasli.
3
[(1-a) It shall extend to the whole of the 4[State of
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Telangana].
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(2) Rules and orders in force before the commence- Previous rules
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ment of this Act, provided they are not repugnant to the and orders.
provisions contained in this Act, shall remain in force until
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rules relating to such matters are made under this Act.
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[1-A. With effect from the commencement of 5[the Effect of
Telangana Board of Revenue Regulation, 1358 F.], 5[the Regulations LX &
Telangana (Abolition of Jagirs) Regulation, 1358 F.] and LXIX of 1358 Fasli
5 and Act XXI of
[the Telangana Tenancy and Agricultural Lands Act, 1950], 1950 on this Act.
Regulation LX of
1358F.
Regulation LXIX of
1. The Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F. in 1358 F.
force in the combined State, as on 02.06.2014, has been adapted to the Act XXI of 1950.
State of Telangana, under section 101 of the Andhra Pradesh
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana
Adaptation of Laws (No.2) Order, 2016, issued in G.O.Ms.No.46, Law (F)
Department, dated 01.06.2016.
2. Substituted for the original short title by Act IX of 1961 and
subsequently by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
3. Sub-section (1-a) and section 1-A inserted by the A.P Adaptation of
Laws Order, 1957 and subsequently amended by Act IX of 1961 and
G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
4. Substituted by Act IX of 1961 and subsequently by G.O.Ms.No.46,
Law (F) Department, dated 01.06.2016.
5. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
2 [Act No.VIII of 1317 F.]
respectively, the provisions of this Act are subject to the
provisions of the said Regulations and Act].
Definitions. 2. In this Act, unless there is anything repugnant in the
subject or context,-
6
[(1) „Revenue officer‟ means every officer of any rank
whatsoever appointed under any provision of this Act or of
7
Regulation LVIII of [the Andhra Pradesh (Telangana Area) Record of Rights in
1358 F.
Land Regulation, 1358 F.] and appointed for carrying on the
land revenue administration or who discharges the function
relating to survey, assessment and preparation of accounts
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and records;
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(1-a) „Survey officer‟ means an officer appointed under
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section 12 of this Act;
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(1-b) „land‟ includes all kinds of benefits pertaining to
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land, or things attached to the earth, or permanently
fastened to things attached to the earth and also includes
shares in, or charges on, the revenue or rent which are or
may be levied on villages, or other defined areas];
(2) „number‟ means a portion of land the area and
other particulars of which are separately entered with a
number in the village records and shall include a „Pote-
number‟, if any, in a number;
(3) „Pote-number‟ means the portion of a „number‟
separately assessed and entered in a register;
(4) „residential site‟ means the land set apart for the
purpose of constructing a house whether a house be
6. Amended by Act No.III of 1355 F.
7. Repealed by Act 26 of 1971.
[Act No.VIII of 1317 F.] 3
constructed thereon or not and also includes the court-yard
or ground enclosed by or appurtenant to a house;
(5) „boundary marks‟ mean the marks made of earth
stone or any other material, and also a fence, or
embankment or any other object, whether natural or
artificial, set up, named or fixed by any competent officer, in
order to determine the boundary and also include the
boundary marks fixed before 1274 Fasli;
8
[(6) „to hold land‟ or „to be a land holder‟ of land
means to be lawfully in possession of land whether such
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possession is actual or not;
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(7) „holding‟ means a portion of land held by a holder;
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(8) „superior holder‟ means a land holder entitled to
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receive rent or land revenue from other land-holders
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(hereinafter called „inferior holders‟) whether he is
accountable or not for such rent or land revenue, or any part
thereof to Government;
(8-a) „occupation‟ means possession;
(8-b) „to occupy land‟ means to possess or to take
possession of land;
(8-c) „occupant‟ means a holder in actual possession of
unalienated land other than an asami shikmi: provided that
where the holder in actual possession is an asami shikmi,
the superior holder shall be deemed to be the occupant;
(8-d) „occupancy‟ means a portion of land held by an
occupant];
8. Substituted by Regulation No.LVIII of 1358 F.
4 [Act No.VIII of 1317 F.]
9
[(9) [XXX]
(9-a) [XXX]]
(10) „Inam land‟ means the land exempted wholly or in
part from payment of land revenue and includes „Maqta‟ and
„Agrahar‟ land;
10
[(11) „Pattadar‟ means the person who is directly
responsible to the Government for payment of land revenue
and whose name has been entered as such in Government
records, whether he be personally in possession of the
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holding or through his Shikmidar];
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(12) „Shikmidar‟ means the person who like a „Pattadar‟
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possesses a title to the land or who from the beginning has
been jointly in possession of the land with the Pattadar or
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who, before the commencement of this Act, has acquired by
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virtue of any regulation in force, or may acquire by virtue of
that law the right of a Shikmidar;
11
[(13) „asami shikmi‟ means a lessee, whether holding
under an instrument or under an oral agreement, and
includes a mortgagee of an asami shikmi‟s rights with
possession, but does not include a lessee holding directly
under Government;
(14) „village‟ includes a town or city and all the land
belonging to a village, town or city];
(15) „village officer‟ means the Patel and Patwari of a
village;
9. Clauses (9) and (9-a) omitted by the A.P Adaptation of Laws Order,
1957.
10. Substituted for clause (11) by the A.P Adaptation of Laws Order,
1957.
11. Substituted by Regulation No.LVII of 1358 F.
[Act No.VIII of 1317 F.] 5
12
[(16) „rent‟ means the consideration in money or kind
or partly in money and partly in kind paid or payable by a
Shikmidar to his Pattadar or by an Asami Shikmi to the
holder of the land on account of the use or occupation of
the land held by him as Shikmidar or Asami Shikmi but shall
not include the rendering of any personal service];
13
[(17) „revenue‟ means the amount payable by the
holder to the Government at fixed periods for use of or entry
into the land];
14
[(18) „chavdi‟ includes in any village, in which there is
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no chavdi, such place as the 15[Collector] may direct shall
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be deemed to be the chavdi for the purposes of this Act].
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[CHAPTER - II.
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APPOINTMENT AND POWERS OF REVENUE OFFICERS.
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3. (1) The Chief Controlling Authority in all matters relating Chief Controlling
to land revenue shall be the 17[Board of Revenue constituted Authority in
under 18[the Telangana Board of Revenue Regulation, 1358 matters relating to
land revenue.
F] (hereinafter in this Act referred to as the Board of
Revenue)], subject to the Government in the Revenue Regulation LX of
1358F.
Department.
19
[(2) [XXX]
12. Amended by Act No.I of 1354 F.
13. Substituted for clause (17) by the A.P Adaptation of Laws Order,
1957.
14. Substituted by Regulation No.LVIII of 1358 F.
15. Substituted for the word “Taluqdar” by the A.P Adaptation of Laws
Order, 1957.
16. Amended by Act No.III of 1355 Fasli.
17. Substituted for the word “Subedar” by the A.P Adaptation of Laws
Order, 1957.
18. Substituted by Act IX of 1961 and the Regulation is adapted by
G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
19. Sub-section (2) omitted by the A.P Adaptation of Laws Order, 1957.
6 [Act No.VIII of 1317 F.]
20
[4. [XXX]]
21
[5. [XXX]]
Appointment of 6. The Government shall appoint in each district a
22
[Collector.] 22
[Collector] who shall be subordinate to the 23[Board of
Revenue] and shall exercise all the powers and discharge
the duties conferred or imposed on a 22[Collector] under this
Act, or any other law for the time being in force, and in all
matters not specially provided for by law shall act according
to the instructions of the Government.
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The Government may, if necessary, appoint in any
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district an 24[Additional Collector] who shall discharge such
duties of a 22[Collector] as may, from time to time, be deter-
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mined by the Government.
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Additional 25
[6-A. Subject to any special orders of Government in force
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Collector or
Additional
at the reIevant time,-
[Taluqdar] to have
had always the (a) an Additional Collector shall have and shall be
same powers and deemed always to have had the powers and duties of a
duties as the Collector; and
Collector or
[Taluqdar].
(b) an Additional 22[Taluqdar] shall be deemed always
to have had the powers and duties of a 22[Taluqdar] within
their respective districts, whether under this Act or under
any other law for the time being in force read with 26[the
20. Section 4 omitted by the A.P Adaptation of Laws Order, 1957.
21. Repealed by A.P Act 7 of 1974.
22. Substituted for the word “Taluqdar” by the A.P Adaptation of Laws
Order, 1957.
23. Substituted for the words “Subedar-i-Mutalliga” (concerned
Subedar) by the A.P Adaptation of Laws Order, 1957.
24. Substituted for the words “Zaid Talukdar” Additional Collector by the
A.P Adaptation of Laws Order, 1957.
25. Substituted by Act No.IX of 1952.
26. Adapted in G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
[Act No.VIII of 1317 F.] 7
Telangana District Officers (Change of Designation and Act XXXV of 1950.
Construction of References) Act, 1950].
7. (1) The Government may appoint in each district so Appointment of
many 27[Deputy or Assistant Collectors], as it may deem 27[Deputy or
expedient, and they may be called Additional 27[Deputy or Assistant
Assistant Collectors] or Divisional officers or by any other Collector.]
name, as may be specified in the order of appointment. All
the 27[Deputy or Assistant Collectors] and all other officers
employed in the revenue administration of the district shall
be subordinate to the 28[Collector].
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(2) Subject to the general orders of the Government a Duties and
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28
[Collector] may, for the purpose of revenue administration, powers of
27
place one or more of the taluqas in his district in the charge [Deputy or
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of any 27[Deputy or Assistant Collector], or may himself
Assistant
Collector].
retain charge thereof. Any 27[Deputy or Assistant Collector]
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so made in charge of any taluqa shall perform all the duties
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and exercise all the powers imposed or conferred upon a
27
[Deputy or Assistant Collector] by virtue of this Act or
perform and exercise such of the duties and powers of a
28
[Collector] as have been imposed or conferred on a
28
[Collector] under this Act or under any other law for the
time being in force and as may be assigned to him by the
28
[Collector] or by a special or general order of the
Government:
Provided that the 28[Collector] may, whenever he may
deem fit, direct any such 27[Deputy or Assistant Collector]
not to perform or exercise certain duties or powers, and may
reserve the same to himself or assign them to any other
subordinate 27[Deputy or Assistant Collector].
27. Substituted for the words “Duwan Taluqdars” (second collectors) by
the A.P Adaptation of Laws Order, 1957.
28. Substituted for the word “Taluqdar” by the A.P Adaptation of Laws
Order, 1957.
8 [Act No.VIII of 1317 F.]
(3) To such 29[Deputy or Assistant Collectors] as it may
not be possible or expedient to place in charge of a taluqa
30
[Collector] shall, in pursuance of the general or special
order of the Government, assign such of his special duties
and powers as may, from time to time, appear fit.
29
[Deputy or 8. If the 30[Collector] is not able to perform his services, or
Assistant for any reason vacates his office or leaves his district, or
Collector] to hold
charge of that
dies, the senior most 29[Deputy or Assistant Collector] of the
office in absence district who may be present in the district, shall temporarily
of 30[Collector] hold charge of the office and for the purposes of this Act
until person is shall be deemed to be a 30[Collector] until the 30[Collector]
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appointed or resumes charge or until the Government appoints his
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30
[Collector]
resumes charge.
successor and such successor takes charge of his
appointment. An officer whose principal functions are
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different from those of a 29[Deputy or Assistant Collector]
and who is appointed a 29[Deputy or Assistant Collector] for
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special purposes only, shall not be deemed to be a
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29
[Deputy or Assistant Collector] for the purposes of this
section.
31
Tahsildar, his [9. (1) The Revenue officer entrusted with the revenue
appointment, administration of a taluqa shall be called a „Tahsildar‟ and
duties and
powers.
he shall be subordinate to the 30[Collector] and the
29
[Deputy and or Assistant Collector] concerned. He shall be
appointed by the Government or by an officer authorised by
the Government in this behalf by notification in the 32[Official
Gazette]. His duties and powers shall be such as may be
expressly imposed or conferred by this Act or by any other
law for the time being in force, or as may be imposed upon
or delegated to him by the 30[Collector] under the general or
29. Substituted for “Duwan Talukdar” (second Collector) by A.P
Adaptation of Laws Order, 1957.
30. Substituted for “Taluqdar” by A.P Adaptation of Laws Order, 1957.
31. Substituted by Regulation of 1356 Fasli.
32. Substituted for “Jarida” by the A.P Adaptation of Laws Order, 1957.
[Act No.VIII of 1317 F.] 9
special order of the Government. The Government may, if
necessary, appoint more than one Tahsildar.
(2) The Government may appoint one or more officers
to be designated as Naib Tahsildar, to assist the Tahsildar in
the revenue administration of his taluqa, and may by
general or special order confer upon the Naib Tahsildars
generally or any specified Naib Tahsildar all or any of the
powers of a Tahsildar under this Act or any other law for the
time being in force].
10. A Tahsildar may, subject to such general orders as Tahsildar may
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may from time to time be passed by the 33[Board of depute
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subordinates to
Revenue] or the 34[Collector], depute any of his
perform certain of
subordinates to perform any portion of his ministerial or
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executive duties:
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Provided that all acts and orders of the subordinates as
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appointed shall be subject to modification and confirmation
by the Tahsildar.
11. If a Tahsildar is not able to perform his service or for Temporary
any reason vacates his office, or leaves his taluqa, or dies, arrangement of
the Peshkar or the superior clerk on the establishment shall office of Tahsildar.
temporarily hold charge of the office and shall be deemed to
be the Tahsildar of that taluqa until the Tahsildar resumes
charge of the taluqa or until such time as a successor is
appointed by order of competent authority and takes charge
of the office.
12. For the purposes of Chapters VII and VIII of this Act, Survey officers,
the Government may appoint such officers as may from time their duties and
to time appear necessary. Such officers shall be designated powers.
33. Substituted for “Subedar” by the A.P Adaptation of Laws Order,
1957.
34. Substituted for “Talukdar” by the A.P Adaptation of Laws Order,
1957.
10 [Act No.VIII of 1317 F.]
“Commissioner of Survey Settlement”, “Commissioner of
Land Records”, “Assistant Commissioner of Survey
Settlement”, “Assistant Commissioner of Land Records” or
otherwise as may appear requisite, and they shall be
subordinate to one another in such order as the
Government may fix.
Subject to the orders of the Government all matters,
connected with survey and settlement, shall relate to the
officers so appointed and they shall exercise and perform all
such powers and duties as have been fixed by this Act or
any other law for the time being in force.
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Combination of 13. The Government may appoint one and the same
offices. person, being otherwise competent according to law, to any
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two or more of the offices provided for in this Chapter or to
confer upon an officer of one class all or any of the powers
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or duties of any other officer or officers within any particular
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area or otherwise as may appear expedient.
Appointment of 14. The appointment of all officers mentioned in sections 3
officers to be to 9, 12 and 13 shall be notified in the manner as may be
notified.
prescribed by the Government.
Power of 15. Subject to the rules made in this behalf under section
appointment of 172, the Government shall regulate the power of
establishment. appointment of all members of establishments vested in
35
[Board of Revenue], 36[Collector], Commissioner of Survey
Settlement and Commissioner of Land Records in their
respective departments. The Government shall also
determine, inter alia the powers which the said officers may
delegate to their subordinate officers:
35. Substituted for “Subedar” by the A.P Adaptation of Laws Order,
1957.
36. Substituted for “Taluqdar” by the A.P Adaptation of Laws Order,
1957.
[Act No.VIII of 1317 F.] 11
Provided that the aforesaid officers shall always have a
right of modification and revision in respect of appointments
made by their such subordinate officer.
16. A 37[Collector] may, after recording reasons, transfer Power of
37
any case from his own or from that of any of his sub- [Collector] to
ordinate departments to any other, department or from that transfer cases.
of his subordinate department to his own department.
38
[CHAPTER - III [XXX]].
CHAPTER - IV.
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LAND AND LAND REVENUE.
od
24. All public roads, lanes, paths, bridges, ditches, dikes, All lands etc. are
aC
rivers, streams, tanks, ponds, canals, lakes and flowing property of
39
water and all lands, wherever situated, together with all [Government].
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rights appertaining thereto are the property of the
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Government excepting:-
(a) those belonging to persons or class legally capable
of holding property and to the extent so far as their such
rights are established;
(b) those in respect of which any other order under any
law may have been given.
It shall be lawful for the 37[Collector] or other officer
appointed by the 39[Government] for this purpose subject to
rules sanctioned by the Government and contained in
notification and the order of the 40[Board of Revenue], to
37. Substituted for “Taluqdar” by the A.P Adaptation of Laws Order,
1957.
38. Omitted by Act No.XLIV of 1952.
39. Amended by Act No.III of 1308 F.
40. Substituted for “Subedar” by the A.P Adaptation of Laws Order,
1957.
12 [Act No.VIII of 1317 F.]
dispose of them in his discretion; but the right of way or
other rights legally vesting in any person or the public shall
subsist.
Assigning of land 25. When a village is under settlement, the
for special 41
[Commissioner of Survey Settlement or the Commissioner
purpose to be
of Land Records] in that Village and in other cases with the
lawful.
sanction of the 42[Board of Revenue], the 43[Collector] may,
subject to the orders of the 44[Government], set apart any
Khalsa land not in the lawful occupation of any person or
class for pasturage of cattle or for grass reserves or for other
Government purposes or for the purposes of public benefit;
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provided that it does not interfere with any right of any
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person or class. The land so set apart shall not be otherwise
appropriated without the order of the 42[Board of Revenue].
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Animals which 26. The right of grazing on land set apart for free pasturage
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shall graze on of animals shall confine only to the animals of the village
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land set apart for
within the limits of which the land is situate and for which it
free pasturage of
animals. has been set apart.
If there is a dispute as to such right the decision of the
43
[Collector] in respect thereof shall be conclusive.
Cases in which 27. There shall be the right in the following cases, without
there shall be obtaining the permission and without payment of tax to
right to carry earth carry from a river, stream or bed of a tank and also from
stones, etc., from
river, stream or land which has not been assessed or not set apart for any
bed of tank. special purpose, earth, stone, gravel, sand, morrum in as
much as has not been reserved by any order of the
44
[Government]:-
41. Amended by Act No.III of 1355 F.
42. Substituted for “Subedar” by the A.P Adaptation of Laws Order,
1957.
43. Substituted for “Taluqdar” by the A.P Adaptation of Laws Order,
1957.
44. Amended by Act No.III of 1308 F.
[Act No.VIII of 1317 F.] 13
(a) for any person for his private purpose in the village
of residence and for agricultural need in the village where he
has residence or cultivation;
(b) for a potter or brick-maker or tile-maker or for the
person who makes use of any of the aforesaid articles in his
professional work at the place where he carries on the work
of his profession but where trade in any of these articles is
carried on a big scale at any place and on account of
digging of earth therefor, there is risk of destruction and of
becoming useless of any building or cultivation or arising of
difficulties in the ordinary requirements of villagers or
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endangering public health, the Tahsildar shall for that
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purpose select and assign some plots and notify, the same
and no person among them shall be authorized to dig earth
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at any place other than the said plots;
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(c) the aforesaid articles may, with the permission of
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45
[Collector] also be taken for Government purposes of the
Public Works Department, 46[Local Administration] or other
departments or for purposes of public benefit, from the land
on which revenue has been fixed but is not held by any
person and is not set apart for any special purpose.
Explanation:- Digging within five yards close to a
building shall not be lawful.
TREES
28. The Pattadar shall have full right over „Irsali‟ or „Ghairi‟ Trees Irsali or
trees within the limits of land held by a pattadar, so long, as Ghairi on land
he remains the Pattadar of that land, as also over the trees held by Pattadar.
which may, after obtaining the patta have grown up naturally
45. Substituted for “Taluqdar” by the A.P Adaptation of Laws Order,
1957.
46. Substituted for “Local Fund” by the A.P Adaptation of Laws Order,
1957.
14 [Act No.VIII of 1317 F.]
or have been planted or have cropped up from the roots of
trees cut by the Forest Department. But the trees over which
the 47[Government] may have retained its proprietary right
by notification shall be excluded from the ownership of the
Pattadar.
Right of pattadar 29. Trees lrsali or Ghairi in land in the occupation of
to trees planted Pattadar which may have been planted by the Pattadar or
on occupied land
by the persons of whom the present Pattadar is a successor
prior to his
occupation. or the ownership of which may have been acquired by the
Pattadar or his predecessors by other lawful means, shall
belong to the present Pattadar and remain at his disposal by
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all means and the Government shall have no right of any
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kind thereto; but the Pattadar shall have full rights over such
trees as have not been planted by the Pattadars or by his
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ancestors or by a former Pattadar whose successor he is
and to which the right of the 47[Government] may be
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subsisting, if they have not been felled by the Forest
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Department or sold by fixing the price to the present
Pattadar under rules made by the 47[Government] by
notification.
Trees outside 30. All trees being outside the occupied tracts or in river,
occupied tracts or stream or on road or in the bed of tank and pond or on the
in bed of rivers,
streams, etc.
bund shall be deemed to be the property of the
47
[Government.]
Sale of Irsali trees 31. In the taluqas in which boundaries of existing forest
outside reserved have been demarcated by the Forest Department, the
area. 48
[XXX] 49[Collector] may, if he deems fit to let out for
cultivation such lands as are excluded from the boundaries
fixed, sell the trees therein at a reasonable price and let out
the land for cultivation and credit the sale-proceeds of the
timber to the Forest Department; but in case the valuable
47. Amended by Act No.III of 1308 F.
48. Omitted by Act No.III of 1355 F.
49. Substituted for “Taluqdar” by the A.P.A.O. 1957.
[Act No.VIII of 1317 F.] 15
Irsali timber therein be in abundance an intimation in writing
for sale of timber shall be given to the 50[District Forest
Officer]. It shall be incumbent on the Forest Department
either to fell or sell the trees within one year from the date of
receipt of the intimation, otherwise the 51[Collector] on the
expiry of the said period may, at his own instance, sell and
credit the amount to the Forest Department, and in case it is
not deemed fit to fell such trees, they may be preserved and
excluding the land on which those trees lie patta of the
remaining land may be given.
32. If the 52[XXX] 51[Collector] in taluqas where reserved Letting out for
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forest has not been demarcated, deems fit to let out for cultivation
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unoccupied land
cultivation the unoccupied land beyond the proposed
containing
boundaries containing forest or valuable trees, he shall
aC valuable trees
consult the Forest Department and if with the concurrence situate in taluqa
of competent officer of the Forest Department occupation of where forest
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such land is given to any person the provisions of the boundaries have
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not been
preceding section shall apply thereto.
demarcated.
33. Unless land is set apart demarcated for cultivation Fresh patta within
within the limits of reserved forest no fresh patta shall be reserved forest to
given without consulting the 53[Chief Conservator of be given in
Forests]. consultation with
Conservator of
Forests.
54
[34. (1) Subject to the provisions of this section and Proprietary rights
section 35 all toddy and sendhi trees standing for the time over toddy and
sendhi trees and
being within the limits of the land legally occupied by a the right to plant
pattadar, shikmidar or any other person in possession such trees.
50. Substituted for “Madadgar Nizam Janghat” (Assistant Conservator of
Forests) by the A.P.A.O. 1957.
51. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
52. Omitted by Act No.III of 1355 F.
53. Substituted for “Nizam Janghat” (Conservator of Forests) by the
A.P.A.O. 1957.
54. Substituted by Act No.IX of 1956.
16 [Act No.VIII of 1317 F.]
(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 toddy and sendhi trees within the limits of
such land without obtaining the permission of the
Government.
(2) The owner shall not be entitled to tap the trees
referred to in sub-section (1) or get them tapped by any
person other than a person authorised by the Government.
An owner, who permits the trees to be tapped by a person
authorised by the Government, shall be entitled to charge
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such person for each tree not more than 25 per cent of the
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tree-tax payable for the tree to the Government in
accordance with the laws and the rules for the time being in
aC
force.
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(3) Nothing contained in this section shall be deemed
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to exempt the juice of such trees from any excise duty that
may be leviable thereon under any law for the time being in
force.
(4) (i) An owner who is unwilling to get his trees
tapped, shall before the end of April every year, intimate his
unwillingness in writing, to the Excise Superintendent
concerned. In case of failure to give such intimation, he shall
not cut down his trees during a period of seventeen months
following the said month of April;
(ii) Any owner who cuts down his trees in
contravention of the provisions of clause (i) shall be liable
for each tree so cut to a penalty equal to double the amount
of abkari tree-tax in force at the time of contravention. Such
penalty may be imposed by the Collector or any other
officer empowered by the Government in this behalf.]
[Act No.VIII of 1317 F.] 17
55
[35. Notwithstanding anything contained in sections 34 Proprietary rights
and 38 with effect from the date of the coming into force of of Government
the Hyderabad Land Revenue (Amendment) Act, 1956 over toddy,
sendhi and
(XXXII of 1956), all the toddy, sendhi and gulmohwa trees gulmohwa trees.
standing within the limits of any land that may be given on
patta on or after that date, shall belong to the Government
and the pattadar, Shikmidar or any other person in
possession shall not be entitled to plant such trees within
the limits of such lands without obtaining the permission of
the Government.]
56
[36. [XXX]]
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od
37. Rules and orders relating to the 57[XXX] lopping of Rules relating to
lopping of Sendhi
sendhi and toddy trees which are now in force or may
aC and toddy and
hereafter be enforced by the 58[Government] by notification tapping trees to
shall apply to trees belonging to the 58[Government] only.
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apply to trees
belonging to
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58
Lopping of trees belonging to Pattadar and use of [Government].
leaves, fruits and wood shall be exempted from such
restrictions and orders.
59
[37-A. (1) The pattadar, tenant or other person, in actual Duty of Pattadar
possession of land on which any toddy or sendhi tree or tenant to report
illegal rapping of
stands must report in writing or in case where he does not
toddy and sendhi
know writing, orally to the Patel or Patwari of the village any trees.
case of tapping of such trees as soon as possible after he
becomes aware of such tapping and on receipt of the
information by the Patel or Patwari, as the case may be, he
must issue written acknowledgement thereof to the reporter,
and in case of illegal tapping he must report the same to the
Abkari authorities concerned.
55. Amendment by Act No.IX of 1956.
56. Omitted by Act No.XXXVII of 1950.
57. Omitted by Act No.III of 1343 F.
58. Substituted by Act No.III of 1308 F.
59. Substituted by Act No.XLIV of 1952.
18 [Act No.VIII of 1317 F.]
(2) Any contravention of sub-section (1) shall be
punishable with fine which may extend to the amount of the
tree-tax payable, in respect of the tree illegally tapped, in
accordance with the laws and rules for the time being in
force.]
Proprietary right 60
[38. 61[(1) Subject to the provisions of this section and
over Gulmohwa section 35, all gulmohwa trees standing for the time being
trees and the right
to plant such
within the limits of the land legally occupied by a pattadar,
trees. 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
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owner. Such owner shall not however, be entitled to plant
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gulmohwa trees within the limits of such land without
obtaining the permission of the Government.]
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(2) The Pattadar shall not be entitled to ferment any
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Gulmohwa grown on such land or to sell such Gulmohwa to
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any person other than a person authorised by Government.
62
[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 for 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.]
63
[(4) Any owner who is desirous of grazing his cattle
within the limits of such lands shall inform the Excise
60. Substituted by Act No.XXXVII of 1950.
61. Substituted for sub-section (1) by Act No.XXXII of 1956.
62. Added by Act No.XIV of 1954.
63. Inserted by Act No.XXXII of 1956.
[Act No.VIII of 1317 F.] 19
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
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imposed by the Collector or any other Officer empowered
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by the Government in this behalf.]
64
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[39. Fruit bearing trees standing for the time being within Right to fruit
the limits of the land legally occupied by a Pattadar, whether bearing trees in
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grown by the Pattadar, or not, shall be deemed to be the occupied land.
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property of the Pattadar and the Pattadar shall be fully
entitled to the use of such trees.]
65
[40. [XXX]]
41. If the right or possession of another over existing trees Procedure where
in any holding is recognised it shall subsist, but in future land is in
occupation of one
whenever the holder of the land tenders a compromise or
person and
dies heirless or absconds, the Patta of such land may be another person
made in the name of the owner of the trees and in case he has right on trees.
refuses to take Patta his right to the trees shall cease.
42. If in an unoccupied land there are trees planted by any Procedure for
person and they are in possession of the planter the Patta of trees planted in
unoccupied land
such land may be made in his name but if he refuses to by any person
and retained in his
possession.
64. Substituted by Act No.XXXVII of 1950.
65. Omitted by Act No.XXXVII of 1950.
20 [Act No.VIII of 1317 F.]
have the Patta made in his name his right to such trees shall
cease.
If in event of 43. If any Pattadar absconds or dies or tenders
pattadar compromise and in case the rights of the Pattadar or his
absconding or
heirs or Asami Shikmis as regards restoration of land have
dying or tendering
compromise, right not been recognised the trees standing on such land shall
of any other be deemed to be the property of the 66[Government.]
person to land is
not recognized,
trees to be
property of
Government.
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od
Land may be let 44. If any person plants by the side of the road or cIose to
out free of it or around an inn or such wakf buildings where travellers
assessment for aC
put up, or at places which are camps for travellers or troops,
planting shady
shady trees, whether fruit bearing or not, so that the
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trees for public
benefit. travellers may have amenities under their shade, land may
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be given by the 66[Government] free of assessment for
planting such trees.
Conditions on 45. If any person desires for his own benefit to raise in the
which land for land lying barren or waste outside the reserved forests for
raising groves
may be given. more than ten years, and does not contain any valuable
forest trees, a mango grove, tamarind grove, babul grove or
grove of any other kind of tree as may in some manner be
deemed to be of public benefit as well, such land may be
obtained by the order of the 67[XXX] 68[Collector], free of
assessment for twenty years and after twenty years it shall
be assessed at the dry rate, provided that the Government
water is not taken; but if the Government water is taken
“dastband” shall be paid.
66. Amended by Act No.III of 1308 F.
67. Amended by Act No.III of 1355 F.
68. Substituted for “Taluqdar” by the A.P.A.O. 1957.
[Act No.VIII of 1317 F.] 21
The applicant shall plant annually trees in at least one-
fifth portion of the land so that the trees may be planted in
the entire land within five years. If the trees in sufficient
number with regard to their kind are not planted within five
years in the whole land that portion of land in which trees
have been planted shall remain free of assessment and the
rest shall be assessed from the sixth year. Cultivation
between the trees shall not be prohibited.
46. A Pattadar shall not fell fruit bearing trees or timber, Procedure where
Irsali, and Ghairi which have been declared to be belonging Pattadar is felling
to the 69[Government]. If a person without the permission of trees belonging to
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69
[Government].
an authority, cuts any tree or its roots or appropriates it to
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his own use or carries it away, the price thereof together
with a penalty which may extend to double the price of the
aC
tree, shall be recovered from him as a revenue demand.
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70
[46-A. (1) Notwithstanding anything contained in Restrictions on
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71
[sections 34, 38 and 39] the Government may by felling of sendhi,
toddy and
notification in the 72[Official Gazette] prohibit or regulate the
gulmohwa trees
felling of sendhi, toddy and Gulmohwa trees 71[and fruit and fruit bearing
bearing trees of any specified kind] in such area and subject trees.
to such conditions and restrictions as may be specified in
the notification.
(2) No notification shall be made under sub-section (1)
until after the issue of a general notice to the owners of such
trees in the local area concerned calling upon them to show
cause within a reasonable period to be specified in such
notice why such notification should not be made and until
their objections, if any, and any evidence that they may
produce in support of the same have been heard by an
69. Amended by Act No.III of 1308 F.
70. Added by Act No.XLIV of 1952.
71. Added by Act No.XIV of 1954.
72. Substituted for the word “Jarida” by the A.P.A.O. 1957.
22 [Act No.VIII of 1317 F.]
officer duly appointed by Government in that behalf and
have been considered by the Government.
(3) The notification referred to in sub-section (1) shall
be published in the locality, and the notice referred to in
sub-section (2) shall be served, in such manner as may be
laid down by rules made under this Act.
(4) The Government may by order delegate its powers
under sub-sections (1) and (2) to the Collector or such other
officer as the Government thinks fit subject to such
conditions and restrictions, if any, as may be specified in the
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order.
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(5) If any tree mentioned in sub-section (1) is cut in
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contravention of any prohibition, condition or restriction
imposed under that sub-section the Pattadar of the land on
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which the tree stood or where the Pattadar has not cut or
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authorised the cutting of the tree any other person who has
cut or authorised the cutting thereof shall be liable to a
penalty not exceeding the market value of the tree as
determined by the Collector and such penalty shall be
recoverable from the Pattadar or such other person, as the
case may be, as an arrear of land revenue and the tree shall
be forfeited to Government by order of the Collector.
(6) The powers of the Collector under sub-section (5)
may be exercised by any other officer who is authorised by
Government in this behalf.]
Permission to take 47. Where trees are standing in any waste land outside the
wood from waste reserved forests the ryots in general of the village may take
land outside
firewood and agriculturists such wood as may be required
reserved forest.
for agricultural implements without payment of any tax and
subject to rules made by the 73[Government] by notification.
73. Amended by Act No.III of 1308 F.
[Act No.VIII of 1317 F.] 23
LAND REVENUE.
48. All land, whether applied to agricultural or any other All land to be
purpose, and wherever situate shall be liable to payment of liable to payment
land revenue to the 74[Government] in accordance with the of land revenue
save in case of
provisions of this Chapter and Chapters VII and IX except in remission.
case title to land has been transferred to any 75[Local
Authority] or the revenue thereof has been wholly remitted
under any special contract with 74[Government] or under
any order or law.
49. All rights, conditions, restrictions and liabilities in If alluvial land be
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respect of payment of land revenue applicable to any land within land
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excluded from Government demand or Mukta or Inamjodi excluded from
Government
shall also apply to alluvial land within the limits of such land
aC demand etc., it
or which has come up from the river bed on account of the shall be subject to
river abandoning its course but land revenue shall not be
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original land for
leviable in respect of any such land or river bed unless the purpose of
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area of the same exceeds the area mentioned in section 55. payment of land
revenue.
50. Land revenue shall be assessed according to the Land revenue to
various modes of use. be assessed
according to use
of land for various
(a) Agricultural use. requirements.
(b) In addition to agricultural use any other use from
which profit or advantage is derived.
When rate is assessed on any land for any one of the
aforesaid purposes and the land is appropriated for any
other purpose the rate thereof shall be altered and fixed
again, although the term of subsisting settlement may not
have expired.
74. Amended by Act No.III of 1308 F.
75. Substituted for “Mahkama-i-Safai” (Municipality) by A.P.A.O. 1957.
24 [Act No.VIII of 1317 F.]
If any land granted by the 76[Government] with
remission of land revenue for any special purpose is
appropriated to some other purpose against the intention of
the grant, the land revenue thereof shall be recovered.
It shall be lawful for the 77[Collector], and in case a
taluqa is under settlement, for the 78[Commissioner of
Survey Settlement or Commissioner of Land Records] after
giving a hearing to the land holder to prohibit its
appropriation for any particular purpose and record reasons
therefor and to summarily evict the holder who may have
appropriated the said land to prohibited purpose.
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Settlement of land 51. The settlement of the land revenue of each number or
revenue with pote-number shall be made with the pattadar of the number
whom to be
or pote-number.
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made.
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If such person be absent and there be no authorised
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agent of his in the district, such settlement shall be made
with the person who has acquired from him the occupancy
right of such land or who is on his behalf in occupation of
such land; but if the pattadar is of unsound mind or is a
minor or incapable to contract, the settlement of land
revenue shall be made with his lawful guardian or after six
months notice with the Shikmidar or the Asami who is the
land holder.
Assessment of 52. In respect of land on which land revenue is wholly or
land revenue by partially recoverable and for which settlement of assessment
whom and how to
has not been duly notified, the Nazim Jamabandi shall, with
be made.
due regard to subsisting rights assess the land revenue but
the assessment of land for which settlement has not been
made shall not be increased or decreased until settlement is
made.
76. Amended by Act No.III of 1308 F.
77. Substituted for “Taluqdar” by the A.P.A.O. 1957.
78. Amended by Act No.III of 1355 F.
[Act No.VIII of 1317 F.] 25
53. The Government may confer upon the 79[Collector] or Water rate.
any officer the power to fix such rate, as may be deemed fit
to recover for use of water which is either the property of the
Government or which the Government has by constructing
and repairing an anicut or by any other means made
available for cultivation and with regard to the use of which
rate has not already been fixed on the land.
Such rate shall be liable to revision after a period which
the Government may with regard to the principle and rules
of settlement, determine and it shall be recoverable as
80
[Government] land revenue.
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CHAPTER V.
OCCUPATION OF KHALSA LAND AND RIGHT OF
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OCCUPANTS.
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81
[54. (1) When any person is desirous of taking Procedure for
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unoccupied land he shall before occupying the land submit acquiring
a petition to the Tahsildar and obtain his permission in unoccupied land.
writing.
(2) On such petition being submitted, the Tahsildar
may, in accordance with the rules made by the Government
in this behalf from time to time, give permission in writing for
occupation].
82
[54-A. When agricultural or pasturage land acquired for Procedure in
public benefit is no longer required, the patta thereof shall respect of land
acquired for
be made in the name of the person or his successor from
purpose of public
whom, such land was acquired, provided he consents to benefit and no
refund the compensation originally paid to him. If such more required.
79. Substituted for “Taluqdar” by the A.P.A.O. 1957.
80. Amended by Act No.III of 1308 F.
81. Amended by Act No.IV of 1345 F.
82. Amended by Act No.III of 1324 F.
26 [Act No.VIII of 1317 F.]
person or his successor does not take the land, it may be
given on patta under section 54].
Rules relating to 55. Alluvial land, upto two guntas where it is wet and upto
alluvial land. one acre where it is dry, shall remain, without collecting any
revenue, in the occupation of the holder of the adjacent
land, and if it exceeds that extent it shall be let out as
unoccupied Khalsa-land but the holder of the adjacent land
shall have preference over others.
Rules relating to 56. If diluvial land is upto two guntas where it is wet and
diluvial land. upto one acre where it is dry, the pattadar of the land shall
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not get any rebate in its revenue and if it exceeds that extent
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rebate shall be given in its revenue.
Procedure when 83
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[57. (1) If any person unlawfully occupies any unoccupied
person un-lawfully khalsa land or so uses or occupies any land which has been
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occupies un-
set apart for any special purposes, to the use or occupation
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occupied land or
uses land without of which under this Act he is not entitled or in respect of
title. which his right of use or occupation has extinguished shall,-
(a) if the land which he has unlawfully occupied or
used without title or has retained in his possession forms
part of a number which has been assessed for land
revenue, pay the land revenue of the entire number for the
whole period of unlawful occupation or use; and
(b) if such land has not been assessed for land
revenue, pay so much amount of land revenue as would be
recoverable in the same village for similar land according to
the area of occupied land, period of occupation and the
nature of use; and
83. Amended by Act No.IV of 1345 F.
[Act No.VIII of 1317 F.] 27
(c) if the land has been used for agricultural purposes
he shall at the discretion of the 84[XXX] 85[Collector] 84[XXX],
pay in addition to the land revenue provided in clause (a) or
(b) a fine which may extend to ten times the annual land
revenue of the said land recoverable from him. Provided the
ten times amount is not less than five rupees otherwise the
maximum amount of fine may extend to five rupees and if
the land has been used for non-agricultural purposes the
maximum amount of fine shall extend to the amount as the
Government may by rules fix from time to time.
(2) In case of every occupation or unlawful use the
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decision of the 84[XXX] 85[Collector] 84[XXX] as to the
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assessment of land revenue shall be conclusive and for the
purposes of assessment of land revenue occupation for a
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portion of a year shall be deemed to be an occupation for a
whole year.
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(3) The 84[XXX] 85[Collector] 84[XXX] may summarily
evict from land any person having unlawful occupation or
use and attach the crop raised on such land. Similarly if any
building or construction of any kind is erected on such land,
the 84[XXX] 85[Collector] 84[XXX] shall have power to grant
reasonable opportunity (which shall not be less than one
month) and give to the land holder an order in writing to
remove such building or construction from the land. If the
holder does not comply with the order within the period
fixed the 85[Collector] at its expiry shall have authority to
attach such building or construction or to summarily
demolish and remove it from the land.
(4) After the property is attached by the order of the
84
[XXX] 85[Collector] 84[XXX] the attached property shall be
managed according to his discretion, and if there be any
84. Amended by Act No.III of 1355 F.
85. Substituted for “Taluqdar” by the A.P.A.O. 1957.
28 [Act No.VIII of 1317 F.]
encroachments on such property, the cost incurred in
removing them under the provisions of this section shall be
recoverable from the unlawful occupier or the person who
has unlawfully used it, as the case may be, as an arrear of
land revenue.]
Occupancy right 58. An occupancy right to land shall be deemed to be
is heritable and heritable and transferable.
transferable.
86
Sanction of [58-A. (1) Notwithstanding anything contained in the
90
[Collector] for preceding section the Government may by 87[Official
transfer of
Gazette] notify in respect of any village or tract of 88[the area
occupied land
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compulsory in to which this Act extends] that the right of occupation of any
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certain cases. land under section 54 given after the date of the notification
shall not be transferable without obtaining the previous
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sanction of the 89[XXX] 90[Collector] 89[XXX].
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(2) The Government may also at its discretion from
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time to time notify by 87[Official Gazette], that any part or
person or class of persons of such village or tract of 88[the
area to which this Act extends] to which the provisions of
sub-section (1) have been made applicable shall be exempt
from the said provisions.
Procedure in case 58-B. Where right of occupancy of any land is declared
of transfer by non-transferable without the sanction of the 89[XXX]
order of Court of 90
[Collector] 89[XXX] and the 90[Collector] has not given
land not
transferable sanction for its transfer and the transfer of such occupation
without sanction has been made by the order of a Civil Court or the Civil
of 90[Collector]. Court has passed a decree regarding its transfer or its
86. Amended by Act No.IV of 1345 F.
87. Substituted for “Jarida” by Act No.IV of 1345 F.
88. Substituted for “Mumalik-i-Mahroosa-i-Sarkari-i-Aali” (H.E.H. the
Nizam‟s Dominions) A.P.A.O. 1957.
89. Amended by Act No.III of 1355 F.
90. Substituted for “Taluqdar” by the A.P.A.O. 1957.
[Act No.VIII of 1317 F.] 29
decree or order is founded on such transfer as has been
effected without the sanction of the 91[Collector].
(a) no process of the Civil Court shall have effect on
such land nor any transfer thereof shall be considered as
valid, and
(b) where a certificate is produced before such Court
under the hand and seal of the 92[XXX] 91[Collector] 92[XXX]
to the effect that right of occupancy of the land is not
transferable without the sanction of the 91[Collector] which
should be previously obtained and that such sanction has
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not been given, such court shall remove any attachment of
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land if it has been made or cancel any other process if it has
unissued in respect thereof or if the land has been sold
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auctioned or any such auction has been made as affects
right of occupancy of such land, shall also cancel every
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such sale.]
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59. On the death of a Pattadar of Khalsa-land the name of Who shall be
the person who is lawfully entitled under a will and if there Pattadar on death
be no such person, of the nearest heir, and if there are of Pattadar.
several heirs of equal degree, of the one who by custom has
the right of primogeniture shall be entered in the register by
the 91[Collector] and the names of the remaining heirs shall
be entered as Shikmidars. But, if at any time, any person
produces against claimants of a patta a decree of a
competent Court as regards his right of preference,
amendment in the Government records shall be made in
accordance with the decree.
60. Where a Pattadar dies intestate or without making a Occupancy right
wiIl, the occupancy right of land held by him shall be sold to be sold in case
and after deducting expenses of sale the arrears of land Pattadar dies
intestate or
heirless.
91. Substituted for “Taluqdar” by the A.P.A.O. 1957.
92. Amended by Act No.III of 1355 F.
30 [Act No.VIII of 1317 F.]
revenue, if any, shall first be paid from the sale proceeds
and the remainder shall be dealt with as unclaimed
property.
Occupant to be 61. 93[(1)] Every occupant shall be entitled 93[to construct
entitled to or repair godowns or wells on land occupied by him or
construct
otherwise improve its condition] and shall not be entitled
godowns and
wells etc., or except with the written permission of the 94[Collector] to
otherwise improve appropriate agricuIturaI Iand to purposes other than
condition of land. agricultural. If no written reply for such permission is given
by the 94[Collector] for three months from the date of
presentation of the application, the application shall be
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deemed to have been granted. In every such case the
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94
[Collector], on receipt of the application, shall furnish a
written acknowledgement thereof and without unnecessary
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delay communicate to him the sanction or refusal of the
application, and the 94[Collector] at the time of granting such
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application, may, in addition to the new assessment payable
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under section 50, if necessary, after recording reasons
therefor introduce such conditions as he may have settled
with the consent of the occupant.
93
[(2) No occupant of land shall be entitled to construct
or repair any tank or kunta without the permission of the
Government].
Procedure in case 62. The 94[Collector] may take action under section 57
of agricultural
against a pattadar or Shikmidar who has, without
land appropriated
to non-agricultural permission, appropriated agricultural land to non-
purposes. agricultural purposes.
93. Amended by Act No.III of 1324 F.
94. Substituted for “Taluqdar” by the A.P.A.O. 1957.
[Act No.VIII of 1317 F.] 31
63. Right to all mineral products vests in the Right to all mines
95
[Government] and no person shall excavate anything from vests in
any mine without permission. But this section shall have no Government.
effect on subsisting rights.
64. A pattadar may, before expiry of the date fixed by the Occupant may
95
[Government] by notification in this behalf, by presenting a relinquish or
compromise relinquish the land occupied by him or get it transfer
occupancy right
transferred in the name of any other person, but he shall to another.
remain responsible for the Government demands due by
him. A compromise not applying to a whole number or a
whole pote-number shall not be acceptable.
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65. If any person relinquishes land, the way to which lies Right of way on
through other land occupied by him the right of way shall relinquishing land
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continue to the person who shall hold land in future,
to vest in future
holder.
provided there is no other way equally convenient.
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CHAPTER VI.
OF SUPERIOR HOLDER AND SHIKMI-HOLDER.
66. A Pote-pattadar shall pay on his portion of land Liability and rights
proportionate land revenue and so long as he continues to of Pote-pattadar.
pay the land revenue for his share he shall not be evicted
from his portion of land. The pattadar shall not be entitled to
enhance the 95[Government] land revenue on the land of the
pote-pattadar.
67. Where no agreement has been made between the When shall Asami
Pattadar and Asami Shikmi pertaining to the period of Shikmi have
possession, and the possession by the Asami Shikmi has perpetual
occupancy right.
been for a continuous period of twelve years he shall be
deemed to be a Shikmidar and he shall have permanent
right as against the Pattadar. If any person has been from
the commencement of cultivation or the patta jointly
95. Amended by Act No.III of 1308 F.
32 [Act No.VIII of 1317 F.]
cultivating with the Pattadar he shall be deemed to be a
Shikmidar until a decision of a Court of law to the contrary is
obtained:
96
[Provided that an Asami Shikmi who has been in
possession of any bill-Maqta-land in an ijara village for a
continuous period of 12 years, whether there was any
agreement between the Ijaradar and the Asami Shikmi
pertaining to the period of cultivation or not, and every
person who has from the commencement of cultivation or
from the time patta was granted to the Ijaradar, jointly with
such Ijaradar cultivated any bil-Maqta-Iand held by such
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Ijaradar, shall be deemed to be a Shikmidar in respect of
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such bil-Maqta-Iand].
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Explanation:- If an Asami Shikmi remains out of possession
for a period of more than one year and during that period
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takes no action against the pattadar for possession, such
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period shall not be deemed to be continuous.
Conferment of 97
[67-A. Notwithstanding anything in any law, usage,
Pattadari rights on contract, grant, decree or order of a court but subject to the
Shikmidars.
provisions of section 166-B,-
(i) a Shikmidar who was granted a Shikmidari
certificate in respect of any land by a Revenue Officer, shall
be declared as pattadar of that land by the Deputy Collector
in whose jurisdiction the land is situate, within a period of
98
[seven years] from the date of commencement of the
Andhra Pradesh (Telangana Area) Land Revenue
(Amendment) Act, 1964 and the Deputy Collector shall issue
a certificate to that effect in the prescribed form and give
96. Added by Act No.IX of 1952.
97. Substituted by Act No.8 of 1964.
98. For the words “four years” the words “seven years” substituted by
Act No.13 of 1969.
[Act No.VIII of 1317 F.] 33
intimation thereof to, the former pattadar of that land; and
such certificate shall be binding on the former pattadar;
99
[(ii) where no Shikmidari certificate was granted to a
Shikmidar in respect of any land by a Revenue Officer as
provided in clause (i), the Deputy Collector, shall on an
application made within a period of seven years from the
date of commencement of the Andhra Pradesh (Telangana
Area) Land Revenue (Amendment) Act, 1964, or may, suo
motu at anytime, after making an enquiry in the prescribed
manner, declare the Shikmidar as pattadar of that land and
issue a certificate to that effect in the prescribed form and
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give intimation thereof to the former pattadar of that land
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and such certificate shall be binding on the former
pattadar;] aC
(iii) where a Shikmidar is declared to be a pattadar in
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respect of any land under clause (i) or clause (ii), the former
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pattadar of that land, who has not received the price
payable therefor from the Shikmidar, shall within a period of
one year from the date of intimation to him, apply to the
Deputy Collector for the determination of the reasonable
price to be paid to the former pattadar for that land by the
Shikmidar;
(iv) on receipt of an application under clause (iii), the
Deputy Collector shall give notice to the applicant and the
Shikmidar who is declared as pattadar and to all other
persons who appear to him to be interested, of the date,
time and place at which he proposes to enquire into the
application and on the completion of the enquiry, he shall
determine the reasonable price payable for the land by the
Shikmidar to the former pattadar:
99. Substituted by Act No.13 of 1969.
34 [Act No.VIII of 1317 F.]
Provided that the amount so determined as reasonable
price shall not be more than ten times and less than eight
times the difference between the rent paid or payable by the
Shikmidar to the former pattadar for the year 1952 and the
land revenue paid or payable for that year by the former
pattadar to the Government in respect of that land;
(v) where the Shikmidar fails to pay, in the manner and
within the time prescribed, the reasonable price for the land
in respect of which he has been declared as pattadar under
clause (i) or clause (ii), as determined by the Deputy
Collector, the amount so payable shall be recovered from
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the Shikmidar as an arrear of land revenue in the following
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manner and paid to the former pattadar of the land,-
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(a) by the sale of the properties, if any, of the
Shikmidar other than the land in respect of which the
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reasonable price is payable;
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(b) where he has no properties other than such land
or where the amount realised from such properties falls
short of the reasonable price, by the sale of such land.
Explanation.- 100[In this section and in section 67-B],-
(i) the expression „Shikmidar‟ shall, in relation to
any land, include a person who shall be deemed to be a
Shikmidar in respect of that land under section 67;
(ii) the expression „pattadar‟ shall, in relation to any
land, include any other person interested in that land but
does not include a „Shikmidar‟.]
100. Substituted by Act No.13 of 1969.
[Act No.VIII of 1317 F.] 35
101
[67-B. (1) Notwithstanding anything in this Act where, Validation of
before the commencement of the Andhra Pradesh certain transfers
(Telangana Area) Land Revenue (Amendment) Act, 1964, of land and
conferment of
any transferee has in good faith purchased or otherwise pattadari rights on
acquired the interests of the Shikmidar in the land either transferees.
directly from the Shikmidar or from any other person who in
good faith acquired such interests, and where such
transferee is in possession of the land on such
commencement, apply to the Deputy Collector within whose
jurisdiction the land is situate for declaring him as pattadar
of that land.
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(2) Where transferee has made an application for
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declaring him to be a pattadar in respect of any land under
sub-section (1), if the former pattadar has not received the
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price payable thereof from the transferee, the Shikmidar or
any other person who in good faith purchased the interests
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of the Shikmidar in the Iand, such former pattadar shall,
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within a period of one year from the date of intimation to him
by the Deputy Collector of such application, apply to the
Deputy Collector for the determination of the reasonable
price to be paid to him by the transferee.
(3) On receipt of an application under sub-section (2),
the Deputy Collector shall give notice to the applicant and
the transferee and to all other persons who appear to him to
be interested, of the date, time and place at which he
proposes to inquire into the application and on the
completion of the enquiry, he shall determine the
reasonable price payable for the land by the transferee to
the applicant:
Provided that the amount so determined as reasonable
price shall not be more than ten times and less than eight
times the difference between the rent paid or payable by the
101. Inserted by Act No.13 of 1969.
36 [Act No.VIII of 1317 F.]
Shikmidar to the former pattadar for the year 1952 and the
land revenue paid or payable for that year by the former
pattadar to the Government in respect of that land.
(4) Where the transferee fails to pay, in the manner and
within the time prescribed, the reasonable price for the land
in respect of which he has applied to be declared as
pattadar under sub-section (1), as determined by the
Deputy Collector, the amount so payable shall be recovered
from the transferee as an arrear of land revenue in the
following manner and paid to the former pattadar referred to
in sub-section (2), of the land,-
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(a) by the sale of the properties, if any, of the
transferee other than the land in respect of which the
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reasonable price is payable;
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(b) where he has no properties other than such land
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or where the amounts realised from such properties falls
short of the reasonable price, by the sale of such land.
(5) The Deputy Collector shall after satisfying himself
that the price payable to the former pattadar referred to in
sub-section (2) has been paid or has been deposited within
such time and in such manner as may be prescribed,
require the transferee to deposit in the office of the Deputy
Collector an amount equal to the registration fees and the
stamp duty that would have been payable had the transfer
been effected by a registered document in accordance with
the provisions of the Indian Registration Act, 1908. On the
deposit of such amount, the Deputy Collector shall issue a
certificate in the prescribed form to the transferee declaring
him as pattadar of that land and such certificate shall,
notwithstanding anything in the Indian Registration Act,
1908, be conclusive evidence of such transfer.
[Act No.VIII of 1317 F.] 37
68. A Shikmidar shall pay on the land held by him only so Liability of
much of fixed rent or share of produce as may be due in Shikmidar to
accordance with the agreement entered into between him payment of land
revenue.
and the pattadar or pote-pattadar; and if no such agreement
has been entered into as much as he was paying in
accordance with the usage in previous years, and so long
as he continues to pay the rent he shall not be evicted from
the land in his possession.
69. The rent on the Shikmidar may be enhanced in the When rent may be
following cases only:- enhanced on
Shikmidar.
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(a) When after expiry of the term of settlement an
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enhancement in the assessment of land revenue on the land
held by the Shikmidar is made by the 102[Government] or at
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any time any new local tax is levied by the 102[Government].
the Shikmidar shall be liable to a proportionate increase,
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provided that no agreement to the contrary has been
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entered into.
(b) When the term of agreement between the pattadar
and the Shikmidar expires and the right of the pattadar to
enhance the rent after the expiry of the term has been
agreed to under the agreement the enhancement may be
made under the terms of the agreement.
(c) If, apart from the labour and expenses of the
Shikmidar through the expenses of the pattadar or owing to
other reasons the capacity or the area of the land is
improved an enhancement may be made with regard to
such improvement, provided that no agreement to the
contrary has been entered into and enhancement shall not
be made again within five years.
102. Amended by Act No.III of 1308 F.
38 [Act No.VIII of 1317 F.]
When Shikmidar 70. A Shikmidar shall be entitled to a reduction of rent in
shall be entitled to the following cases only:-
reduction of rent.
(a) When any reduction in the land revenue in respect
of land held by the Shikmidar is made by the
103
[Government] or any local tax is remitted by the
103
[Government] in proportion thereto provided that no
agreement to the contrary exists.
(b) When it may be so provided in the agreement.
(c) When the area or capacity of the land is diminished
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owing to some reason, not being the result of an act of the
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Shikmidar, provided that no agreement to the contrary has
been entered into. aC
Liability of Asami 71. If no agreement has been entered into with the Asami
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Shikmi respecting Shikmi the same rent as was due for the previous year shall
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payment of rent
be recoverable either in cash or share of produce and if the
and procedure
when Shikmi Asami Shikmi has from the beginning taken possession of
relation is not the land without any agreement, such rent shall be fixed as
desired to be is realised for land of similar capacity from Asami Shikmis in
maintained. the neighbourhood.
The pattadar shall not be entitled, after the
commencement of the agricultural year, to make any
variation without the consent of the Asami-Shikmi, in the
terms or the rent for that year, or to evict the Asami from the
land.
If the pattadar desires to vary the terms or evict the
Asami for which there is no express agreement a written
notice of enhancement of rent and other conditions of
eviction shall be given to the opposite party three months
before the termination of the agricultural year or if the
103. Amended by Act No.III of 1308 F.
[Act No.VIII of 1317 F.] 39
person giving the notice so desires such notice may be
given through the Tahsil Office under the rules made in this
behalf.
If the Asami-shikmi agrees to the rent and terms he
shall retain possession of the land during the following year,
otherwise he shall relinquish the land. If he retains his
possession notwithstanding the receipt of notice he shall be
bound to pay the enhanced rent and observe the conditions
set forth in the notice; and if the notice be for eviction the
Asami Shikmi shall have no right of possession during the
following year. Asami-Shikmi, after commencement of the
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agricultural year, shall not be authorised to relinquish the
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land for the whole year, without payment of rent, but if he
desires to relinquish, he shall, as hereinbefore specified,
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notify the pattadar three months before the termination of
the current agricultural year.
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Application regarding enhancement or reduction of
rent or eviction shall be presented and heard in the Tahsil.
72. If a pote-pattadar, shikmidar or Asami Shikmi does not Application for
pay the Iand revenue or rent in time, application in respect arrears of land
revenue or rent in
of the same may be presented in Tahsil within three years
Tahsil within three
from the date of its becoming due and the decision of the years.
Tahsil shall be enforced under the rules for the realisation of
land revenue, but this procedure shall not be a bar to seek
remedy in the Civil Court.
73. If land revenue is wholly or partially remitted or Procedure in case
suspended by the 104[Government] the remission or of remission of
suspension shall also apply to the rent of pote-pattadar, suspension of
land revenue.
Shikmidar and Asami Shikmi according to the shares;
provided that no agreement has been made to the contrary.
104. Amended by Act No.III of 1308 F.
40 [Act No.VIII of 1317 F.]
105
[74. [XXX]].
Penalty when 75. When it is proved to the 106[Collector] regarding any
proved that land land holder that he has unlawfully recovered from any
holder has by shikmidar or Asami Shikmi an amount in excess of fixed
force recovered
any amount in
land revenue or rent payable under the provisions of this
excess of fixed Chapter, the 106[Collector] shall get the amount recovered in
land revenue or excess refunded to the aggrieved person and may also levy
rent. on him a fine not exceeding the amount recovered in excess
and the 106[Collector] may also, if he deems fit, order to pay
a portion of the amount of fine recovered to the aggrieved
person by way of damages.
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In default of 76. When it appears to 106[Collector] that a pattadar with
payment of land intent to defraud or cause injury to shikmidar or other
revenue it shall be aC
person interested in the number, has, wilfully not paid the
lawful in certain
land revenue and rendered the number liable to attachment
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cases to cease
and auction right and sale, the 106[Collector] may, instead of attaching and
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of pattadar and selling the right of occupancy, attach only the title of such
make any co- pattadar, and on condition of payment of the whole amount
occupant or other of land revenue due on that land cause the name of the
concerned person
a pattadar.
Shikmidar or the person interested in such number to be
entered as a pattadar in the village records. The person
whose name may be so entered in the village records shall
acquire the same rights as the original pattadar.
CHAPTER VII.
SETTLEMENT AND PARTITION OF AREAS.
Government may 107
[77. The Government may whenever they deem it
introduce revenue expedient, issue order to make survey of any land in any
survey into any
part of Dominions.
part of 108[the area to which this Act extends], for the
105. Omitted by Act No.IX of 1952.
106. Substituted for “Taluqdar” by the A.P.A.O. 1957.
107. Amended by Act No.III of 1355 F.
108. Substituted for the words “Mumalik-i-Mahoorsa-i-Sarkar-i-Aali
(H.E.H. the Nizam‟s Dominions) by the A.P.A.O. 1957.
[Act No.VIII of 1317 F.] 41
purpose of settlement and assessment of land revenue and
record and preservation of the rights relating thereto, or for
any other similar purpose. Such survey shall be called the
revenue survey. Such survey may be made of the land of
any village, town or city generally of such land only as the
Government may direct; and subject to the orders of the
Government the officers conducting such survey may
exempt from survey any land the settlement of which does
not appear expedient.
The entire power to control every such survey shall
vest in the Government.]
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od
78. The 109[Survey officer] may require, by general notice Land holders etc.,
or summons, the attendance of all land holders and all may be made by
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persons interested in such land, person or through an general notice or
summons, to
authorised agent acquainted with the facts and able to
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attend survey
answer material questions, and the presence of village operations and
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servants and officers concerned, who are, legally or by assistance of
usage, bound to perform their functions by virtue of their village officers,
and officers
offices and services and also take from them such
concerned may
assistance in the operation of survey as may not be be taken.
inconsistent with their dignity and position.
79. Number of any cultivable land shall not be made of No number to
less or greater area than fixed by the 110[Government] for comprise of less
each district according to different types of land and a than fixed area.
statement showing the area fixed shall, before the
commencement of the survey, be displayed at a
conspicuous place in each village. These provisions shall
not apply to the numbers which have already been made of
a lesser area or which have been made under the special
109. Amended by Act No.III of 1355 F.
110. Amended by Act No.III of 1308 F.
42 [Act No.VIII of 1317 F.]
order of a superior 111[Survey officer] or which may be
made, separately demarcated, under the order of the
112
[Collector] 111[XXX] in accordance with the provisions of
section 25 for purposes other than agricultural.
When pattadar or 80. 113[(1) If a Pattadar of a pote-number of any number
pote number tenders compromise the pote number shall be made over to
tenders
compromise it
such person from among the Pote-pattadars as may be
may be made entitled thereto and if there is no such person or he does not
over to any one of take it then to him who pays the largest amount of land
pote pattadars of revenue and if he also does not take, all the pote-pattadars
same number. of the same number shall in the same manner successively
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have the right].
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114
[(2) [XXX] aC
Settlement 81. Subject to rules made under section 172 the 111[Survey
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officers to make officer] shall, with due regard to laws and subsisting rights,
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assessment. make the assessment on all lands within the local limits in
respect of which an order may have been made under
section 77: Provided the land is not wholly exempt from the
land revenue; but nothing in this section shall be construed
to prevent the 111[Survey officer] from making or registering
the assessments on land wholly exempt from land revenue
or especially excepted under section 77 from settlement or
from dividing into numbers all such land where the survey is
being made.
Assessment of 82. Where assessment is to be made on the land which is
land revenue may used for agricultural purpose only, the aforesaid powers
be made directly
shall also include the power to make assessment be made
of land or of
means of either directly on the land or to fix a rate of tax for water
irrigation. according to the means of irrigation, provided that of tax has
111. Amended by Act No.III of 1355 F.
112. Substituted for “Taluqdar” by the A.P.A.O. 1957.
113. Amended by Act No.III of 1324 F.
114. Sub-section (2) omitted by the A.P.A.O. 1957.
[Act No.VIII of 1317 F.] 43
been fixed on such means of irrigation under section 53 or
any other law or that land is assessed in some other manner
approved by the 115[Government].
83. The assessment made by the 116[Survey officer] shall Assessments
not be recovered without the sanction of the Government. made in
settlement shall
The Government shaII after proper modification, sanction not be recovered
such assessment for any fixed term which in the case of the without sanction
agricultural land shall not exceed thirty years. of Government.
84. When the assessment fixed by the settlement for the Announcement of
agricultural land is sanctioned by the 115[Government] a assessment how
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116
[Survey officer] not lower in rank than an 116[Assistant made.
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Commissioner] or in his absence the 117[Collector] either
himself or through any 118[Deputy or Assistant Collector]
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shall fix a date for the announcement of the assessment and
at a reasonable time beforehand make proclamation and on
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such date shall publicly announce the assessment fixed on
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each number.
No person by being absent at the time of
announcement shall be absolved from any liability to which
he may be subject under the announcement of assessment.
85. In the agricultural year in which a settlement, whether When assessment
original or subsequent, is announced under the last fixed shall be
levied.
preceding section, assessment fixed shall not be levied but
it shall be levied in the subsequent year as may be fixed in
the announcement of assessment. Any person who does
not agree with the assessment fixed may, before the
commencement of that agricultural year, file a compromise
under section 64.
115. Amended by Act No.III of 1308 F.
116. Amended by Act No.III of 1355 F.
117. Substituted for “Taluqdar” by the A.P.A.O. 1957.
118. Substituted for “Duwam Taluqdar” (Second Taluqdar) by A.P.A.O.
1957.
44 [Act No.VIII of 1317 F.]
Preparation of 86. 119[(1) The 119[Survey officer] shall, at each settlement,
register. prepare a separate register for each village showing the
area and assessment of each number together with the
name of the pattadar. This register and other records shall
be prepared in accordance with the rules made by the
Government by notification.]
120
[(2) [XXX]
120
[(3) [XXX]
Settlement officer 87. 121[The Director of Settlements and on making over the
e
to correct clerical settlement records to the 122[Collector], the Collector may, at
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and other errors
any time, correct or cause to be corrected any clerical error
admitted by all
parties and or errors admitted by the party concerned.]
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application for
correction of The aforesaid officer shall hear all applications made
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name to be made within two years after the introduction of the settlement, for
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within two years.
the correction of any wrong entry of a pattadar‟s name in the
register referred to in the preceding section and if satisfied
about the error whether such error has been made through
negligence, fraud, or collusion shall correct the same,
notwithstanding that the party concerned does not admit the
error, but no such application shall be entertained after two
years, unless reasonable cause is shown to the said officer
for the delay, and in such case if any error is proved it shall
not be corrected without obtaining the sanction of the
123
[Government].
119. Amended by Act No.III of 1355 F.
120. Sub-section (2) and (3) were omitted by the A.P.A.O. 1957.
121. Substituted by Act No.36 of 1976.
122. Substituted for “Taluqdar” by the A.P.A.O. 1957.
123. Amended by Act No.III of 1308 F.
[Act No.VIII of 1317 F.] 45
124
[87-A. (1) Notwithstanding anything in this Act, the Delegation of
Government may, by notification published in the Telangana powers of
Gazette, delegate their powers under section 87 to the Government.
Settlement Commissioner, and may, by like notification,
withdraw any such delegation.
(2) The exercise of the powers delegated under sub-
section (1) shall be subject to such restrictions and
conditions, if any, as may be specified in the notification.]
125
[88. (1) The Settlement register and other records Settlement
prepared by the 125[Survey officers] shall be made over to records to be
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made over to
the 126[Collector], who shall cause Village records to be
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126
[Collector] who
prepared in accordance therewith.] shall cause village
aC records to be
127
[(2) [XXX]] prepared.
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128
[88-A. [XXX]]
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89. The 125[Survey officer] may, on the occasion of any Division of
subsequent settlement, subject to the provisions of section numbers and
fixing of pote-
79 and under the rules made in this behalf, break up and numbers on
divide a number into two or more numbers and shall fix second settlement
separate assessment for each such number and enter the to be lawful.
area of each such number and the name of the occupant in
the settlement register.
125
[89-A. Notwithstanding anything contained in section 79 Division of Survey
and section 89 or rules made thereunder, when any portion numbers into new
of cultivable land is permitted to be used under the Survey numbers.
provisions of sections 61 and 62 for non-agricultural
purposes or when any portion of land is specially set apart
124. Inserted by Act No.36 of 1976.
125. Amended by Act No.III of 1355 F.
126. Substituted for “Taluqdar” by the A.P.A.O. 1957.
127.Sub-section (2) omitted by the A.P.A.O. 1957.
128. Section 88-A omitted by A.P Adaptation Order, 1957.
46 [Act No.VIII of 1317 F.]
under section 25 or when an assessment on any portion of
the land is altered or levied under section 50, separate
survey numbers may, subject to the rules made by the
Government under this Act in this behalf, be made of such
portion.
Division of Survey 89-B. (1) Notwithstanding the provisions of section 89 the
numbers into pote Government, at any time, may direct that survey-numbers
numbers.
be divided into so many pote-numbers as may be required
in view of the rights acquired in land or for any other reason.
(2) The division of survey-numbers into pote-numbers
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and the assessment of the pote-numbers shall be made and
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from time to time revised under the rules made by the
Government in this behalf under this Act:
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Provided that the total amount of assessment of any
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survey-number or pote-number shall not be enhanced
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during the term of settlement for which such assessment
has been fixed under sections 81 and 83, unless such
assessment is declared liable to alteration under section 50.
(3) The area and the assessment fixed of such pote-
numbers shall be entered into such records as the
Government may prescribe in this behalf.]
CHAPTER VIll.
DISPUTE RELATING TO BOUNDARIES AND lNSTALLATION
AND MAINTENANCE OF BOUNDARY MARKS.
Determination of 129
[90. The Collector or any other officer nominated by the
village
boundaries.
Government for this purpose, or the Settlement
Commissioner, if survey operations are proceeding in the
village shall enquire about and fix the boundaries of villages
and determine disputes, if any, relating thereto.
129. Sections 90 and 91 substituted by the A.P.A.O. 1957.
[Act No.VIII of 1317 F.] 47
When the Patels and Patwaris of any two or more
adjoining villages agree to any given line of boundary and
such agreement is not illegal, the officer determining the
boundary shall require the said parties to execute an
agreement to that effect and shall mark off the boundary
accordingly.
91. If the parties do not agree in the manner prescribed in Procedure in case
the last preceding section, the said officer shall, after of disagreement
necessary inquiry, make a plan showing the area of the or dispute.
ground in dispute together with the boundaries or marks,
existing or which may be stated, in different colours, and
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shall, after completing the inquiry, make an award in the
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case.]
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92. If, at the time of a survey, the boundary of a field is Determination of
pointed out by the holder and it is undisputed and its field boundaries.
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correctness is also affirmed by the Patel and Patwari of the
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village the boundary shall be marked. If the boundary of a
field is disputed or the landholder is not present or does not
point out the same, the 130[Survey officer] and when
settlement operation is not proceeding, 130[the 131[Collector]
in case the land is of a khalsa area 132[XXX] shall fix the
boundary according to the entries in village records, and
according to occupation if, adverse to the entries in village
records, it is established that the occupation extends over a
year and no legal action has been taken in connection
therewith.
93. If the parties agree to refer the boundary-dispute to Settlement of
arbitration and make an application to that effect in writing, boundary
disputes by
the competent officer shall refer the case to arbitration for
arbitration.
settlement; and to the dispute shall apply all provisions of
130. Amended by Act No.III of 1355 F.
131. Substituted for “Taluqdar” by the A.P.A.O. 1957.
132. The words “and in case of non-Khalsa land the officer authorised
under section 172” were omitted by the A.P.A.O. 1957.
48 [Act No.VIII of 1317 F.]
arbitration relating to civil suits and the powers vested in a
Court by virtue of such provisions shall vest in 133[Collector]
or the 134[Settlement Commissioner].
135
Construction or [94. Where survey operations are proceeding, it shall be
repair of boundary lawful for the Settlement Commissioner or such other officer
marks of Villages
and survey
authorised by him in this behalf, to cause to be constructed
numbers. or repaired boundary-marks of villages and occupied
numbers; and the officers concerned shall see to their
maintenance. The Survey Officer shall, by a notification
posted in the “Chaudi” or in some adjacent and
conspicuous place, require the holders of lands to construct
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or repair the boundary marks of their numbers and in
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accordance with the directions given in the notification
within specified period which shall not be less than one
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month, and on their failure to comply with the requisition
within the specified period, the said Survey Officer shall
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cause the boundary-marks to be constructed or repair and
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cause charges incurred to be recovered from Pattadars as
an arrear of land revenue.]
Dimensions and 95. The dimensions and form of boundary-marks of
form etc., of villages and numbers and the material of which they shall be
boundaries to be
made, shall be determined with the sanction of the
determined with
sanction of Chief Government according to Iocal conditions, climate,
Revenue durability and cheapness of materials.
Authority.
Collector to have 96. When settlement is introduced into a district, the
charge of 133
[Collector] shall be in charge of boundary-marks. The
boundary marks 133
after introduction
[Collector] may for their preservation and maintenance,
of settlement.
133. Substituted for “Taluqdar” by the A.P.A.O. 1957.
134. Substituted for the words “Nizam Paimaish Bandobast or Nazim
Land Records” (Commissioner of Survey Settlement or the
Commissioner of Land Records) by the A.P.A.O. 1957.
135. Section 94 substituted by the A.P.A.O. 1957.
[Act No.VIII of 1317 F.] 49
exercise all the powers as are vested in a Settlement officer
under section 94.
97. 136[(1) Every land-holder shall maintain the boundary Responsibility for
marks of the land occupied by him in original condition and preservation of
boundary marks.
if he fails in it and does not carry out necessary repairs in
spite of orders of the village and Taluqa officers the Revenue
officers, not lower in rank to a 136[XXX] Tahsildar, shall cause
the necessary repairs to be carried out and recover the
charges thereof from the pattadar as an arrear of land
revenue.
e
137
[(2) [XXX]]
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98. Any person convicted, after a summary trial, before a
aC Penalty for
138
[XXX] 139[Collector] or 140[Deputy or Assistant Collector] or damaging etc.,
138 boundary marks.
[Survey officer] or TahsiIdar, of willfully erasing, removing
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or damaging boundary-marks, shall be liable to a penalty
In
which may extend to four times the cost of repair or fixation
of each mark so erased, removed or damaged and such
mark shall be repaired or fixed from such amount.
99. The 139[Collector] or the 138[Survey officer] may, subject Fixing of limits of
village sites.
to rules and safeguarding the subsisting rights of
landholders, determine the limits of a village site.
100. No land revenue for purposes of this Act shall in the No land revenue
to be levied in
following cases be levied on lands situated within a village
certain cases on
site and not used for purposes of agriculture,- lands within
village site.
136. Amended by Act No.III of 1355 F.
137. Sub-section (2) omitted by the A.P.A.O. 1957.
138. Amended by Act No.III of 1308 F.
139. Substituted for “Taluqdar” by the A.P.A.O. 1957.
140. Substituted for “Duwam Taluqdar” (Second Taluqdar) by A.P.A.O.
1957.
50 [Act No.VIII of 1317 F.]
(a) Where a person or his legal representative upto the
date of commencement of this Act, has held any land
without payment of land revenue and has not made an
agreement with the 141[Government] to pay it in future;
(b) where a competent officer has made an order or
granted a Sanad in respect of right of occupancy exempting
any land from land revenue without fixing any period. In
other cases also no land revenue shall be levied on a land
within a viIlage site without the sanction of the
141
[Government.]
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Procedure on 101. If, after the commencement of this Act, any person,
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occupying without without the written permission of the officer, occupies any
permission land land situated in a village site which has not been set apart
situate in village
site.
aC
for agriculture the 142[Collector] may recover the
compensation for occupancy right of such land or fix a land
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revenue on the land or order both for recovery of
In
compensation and levy of land revenue; and if it is proved
that the land was held dishonestly or through mischief he
may recover penalty to the extent of double the
compensation for occupancy right.
And if any building has been constructed on it and the
Government purposes or the public benefit is thereby
encroached upon if that building is not demolished and not
more than one year has elapsed from the date of
completion of construction the 142[Collector] may, after
recording his reasons, order the person who has
constructed the building to demolish it and remove the
materials thereof within a fixed period which shall not be
less than six months. If he does not comply within the period
the 142[Collector] may seize the building.
141. Amended by Act No.III of 1308 F.
142. Substituted for “Taluqdar” by the A.P.A.O. 1957.
[Act No.VIII of 1317 F.] 51
102. No suit against the order of the 143[Collector] made Suit not to be
instituted in Civil
under section 101 shall be instituted in any Civil Court after
Court after one
one year from the date of the order. year from order of
143
[Collector].
CHAPTER IX.
REALIZATION OF LAND REVENUE AND OTHER
GOVERNMENT DEMANDS.
103. The person primarily liable for payment of land revenue Responsibility for
for khalsa land, shall be the pattadar of such land, and for payment of land
non-khalsa land the superior holder thereof. revenue.
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And when he fails to pay the land revenue, the land
od
revenue may be recovered from the Shikmidar, or co-sharer
of the superior holder or inferior holder or person in actual
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occupation of the land, but the amount which he may have
paid to the pattadar or superior holder at the time of
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instalment or thereafter shall not be recovered from him, and
In
the amount so recovered shall be refunded from that
pattadar or superior holder.
PRIORITY OF 144[GOVERNMENT] CLAIM FOR LAND
REVENUE.
104. The demand on any land, for its land revenue shall Government
have priority over other demands whether in respect of demand to have
priority over all
debts or mortgage or based on a decree of or attachment claims.
by a Court, and if the title to any land on which such
Government demand is due is transferred, such land or its
transferer shall not be discharged from such demand. If the
demand for land revenue which cannot be recovered from
the title to or existing produce of that land is due from a
person, the liability for the payment of the land revenue shall
have precedence over debt or decree of a Court also on his
143. Substituted for “Taluqdar” by the A.P.A.O. 1957.
144. Amended by Act No.III of 1308 F.
52 [Act No.VIII of 1317 F.]
property other than the land on which the demand is due;
provided that such property before it is forfeited for recovery
of the said demand, is not sold or mortgage or given as a
gift or otherwise transferred or hypothecated or attached.
Produce of land to 105. The produce of land for every year shall be deemed to
be deemed as, have been hypothecated for land revenue due for that year.
hypothecated for
payment of land
revenue.
PRECAUTIONARY MEASURES FOR SECURING LAND
REVENUE.
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Produce disposed 106. When the produce of any land is wholly or partly sold,
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of by sale etc., mortgaged, or otherwise disposed of, whether by order of a
may be withheld
till payment of Court or other competent department or with the desire of
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land revenue. the land holder, the 145[Collector] may prevent such produce
being removed until the land revenue for the current year
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has been paid, though the date for the prescribed
In
instalment has yet not arrived. But in no case shall a
produce or a portion of the produce, which, has been sold,
mortgaged or disposed of, be detained on account of land
revenue of a period exceeding one year.
Power of Collector 107. If the 145[Collector] has reason to believe that any land
when holder is a defaulter or it is apprehended that land revenue
apprehended that
revenue shall not
shall not be recoverable on any land in case the crop is
be recoverable. reaped or the produce is sold,-
(a) he may require that the standing crop of the land
liable to payment of land revenue shall not be reaped
without a notice to himself or to the officer appointed by him
for this work. Such notice shall be given in writing and
returned with acknowledgment receipt and if the crop has
been reaped,
145. Substituted for “Taluqdar” by the A.P.A.O. 1957.
[Act No.VIII of 1317 F.] 53
(b) he may direct that such crop shall not be removed
from the land on which it has been reaped, or from the place
where it may have been stored, without the written
permission of the 146[Collector] or of other officer as
aforesaid,
(c) he may appoint a watchman, fixing his pay, to
watch that the standing crop is not unlawfully reaped or
removed without permission. The pay of such watchman
shall not exceed five rupees per month, and may be realized
as an arrear of land revenue from the land holders; but if the
produce could be watched through the village officers a
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paid watchman shall not be appointed.
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108. Orders provided in clauses (a) and (b) of the preceding Issue of orders
aC
section may be issued generally to all the co-occupants or provided for in
land holders or individually to any particular holder. section 107 and
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penalty for
In
contravention
If the orders be made generally to all land holders they thereof.
shall be issued by proclamation to be made by beat of drum
and a copy thereof shall be affixed at some conspicuous
place in the village Chavdi. If the said orders be made
individually they shall be issued separately to each holder
concerned. Any person who contravenes the orders so
issued or abets such contravention shall be liable, on
conviction after a summary enquiry before the 146[Collector]
to a fine not exceeding double the amount of the land
revenue on the land in respect of produce of which the of
offence is committed.
109. The 146[Collector] shall not defer the reaping of the crop Reaping or
and its removal so as to damage the produce of the land removal of
produce of land
and if the land revenue has not been paid within two months not to be
from the date of attachment or within such lesser time as the prohibited for
146
[Collector] may fix in special cases, he shaII either release such long period
as to damage
produce.
146. Substituted for “Taluqdar” by the A.P.A.O. 1957.
54 [Act No.VIII of 1317 F.]
the produce and adopt other measures to realise the land
revenue under the provisions of this Chapter or sell such
portion of the attached produce under the provisions of this
Chapter relating to sale of movable property for the recovery
of revenue the price of which will be sufficient for payment of
revenue.
Attachment of 110. If the holding consists of an entire village or of a part of
village or part of a village and the 147[Collector] has reason to believe that
village for land
revenue. owing to a dispute among the sharers or for any other
reason its land revenue will not be recoverable in the
prescribed instalments, he may temporarily attach the
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village or part of the village and take it under his own
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management or entrust it to an officer or agent appointed by
him for that work. aC
The provisions of section 125 shall also apply to any
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village or part of a village which has been temporarily
In
attached under this section and the income of the village or
part of the village in surplus after allowing the costs of
attachment and management of the land, and the payment
of the land revenue and of the cost of survey and settlement,
if made under section 77 shall be kept in deposit for
eventual payment to the person entitled to the same, or
subject to the orders of the 148[Board of Revenue], shall be
paid by the 147[Collector] to the person entitled to the same.
Precautionary 111. The precautionary measures provided for in sections
measures to be 106 to 110 shall be suspended or relinquished if the person
suspended on
security being
responsible for the payment of land revenue shall pay the
furnished. entire costs of attachment and management of the land up
to the time of relinquishment and shall furnish reliable
security to the effect that the land revenue shall be paid on
147. Substituted for “Taluqdar” by the A.P.A.O. 1957.
148. Substituted for “Subedar” by the A.P.A.O. 1957.
[Act No.VIII of 1317 F.] 55
the fixed date or in the prescribed instalments, as the case
may be.
MODE OF INSTALMENTS OF LAND REVENUE.
112. (1) Land revenue, except under the circumstances Government to
mentioned in sections 106 to 110, shall be payable in such determine date
and instalments
instalments and on such dates and at such places, and to
for recovery of
such persons as may be determined by order of the amount.
Government for this purpose.
(2) No officer shall recover any instalment before the
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prescribed date.
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DEFAULTERS. aC
113. An amount of land revenue not paid as above shall be Arrears and
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called an arrear of land revenue and the persons from whom defaulter.
In
the arrear is due under section 103 or any other section
shall be called defaulters.
114. If any instalment be not fully paid even after the expiry Liability incurred
of the prescribed time, the 149[Collector] may adopt in case of non-
payment of
measures to recover both the entire amount of land revenue arrears.
due by the defaulter for the current year and the interest or
penalty as may be recovered according to a scale fixed by
the 150[Government]; but if he is satisfied that the arrear of
land revenue is only due to poverty he may remit the penalty
or interest and refund the same if already recovered.
115. An account, certified by Peshkar or any other Taluqa Certified account
officer, higher in rank than a Peshkar shall be conclusive to be conclusive
evidence as to
evidence of the existence of the arrear its amount, or of the arrears.
person by whom it is due. On receipt of such certified
149. Substituted for “Taluqdar” by the A.P.A.O. 1957.
150. Amended by Act No.III of 1308 F.
56 [Act No.VIII of 1317 F.]
account, the 151[Collector] of one district shall proceed to
recover the arrear of land revenue of another district under
the provisions of this Chapter as if the arrear is of his own
district.
RECOVERY OF ARREARS OF LAND REVENUE.
Measures for 116. An arrear of land revenue may be recovered by the
recovery. following measures and as far as possible, the measures
shall be employed in the order mentioned below:-
(a) by issuing a notice to the defaulter under section
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118;
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(b) by distraint and sale of the defaulter‟s movable
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property under section 119;
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(c) by distraint and sale of the defaulter‟s immovable
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property under section 120;
(d) by arrest and detention of the defaulter under
section 122;
(e) by forfeiture of the right of occupancy in respect of
which the arrear is due under section 124.
152
[(f) [XXX]]
Measures 117. The measures specified above may be employed for
specified the recovery of arrear, both of previous years and of the
applicable to
arrears due both
current year, but the preference provided in section 105
for previous years shall apply only to arrears for the current year, and the
and current year. preference provided in section 104 shall apply to arrears for
three years, except in case any measure for any arrear
151. Substituted for “Taluqdar” by the A.P.A.O. 1957.
152. Clause (f) omitted by the A.P.A.O. 1957.
[Act No.VIII of 1317 F.] 57
commenced in the very year for which it is due but it has not
been fully executed by the end of the year and the execution
is pending.
NOTICE OF DEMAND.
118. The Tahsildar may, on any day after the expiry of the When and by
date on which the arrear accrues send on any day to the whom notice of
demand may be
defaulter a notice of demand, and the cost of demand notice issued and its
being two annas if the amount of demand does not exceed costs.
ten rupees, four annas if it exceeds ten rupees but does not
exceed twenty five rupees and eight annas in all other
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cases, may be recovered.
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119. The Tahsildar may distrain and sell the defaulter‟s Distraint and sale
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movable property. Such distraint shall be made by officers of defaulter‟s
or clerks appointed by him for this work. movable property.
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153
[120. The 154[Collector] or the 155[Deputy or Assistant Distraint and sale
156 of defaulter‟s
[XXX] Collector] may distrain the defaulter‟s immovable
immovable
property, other than the land held by him, but where such property.
distrain has been made by the order of the 155[Deputy or
Assistant Collector] it shall not be sold except with the
sanction of 154[Collector].
121. All such property of the defaulter shall be exempt from Property of
attachment and sale under the preceding, sections as is defaulter exempt
from attachment.
exempt under the 157[Code of Civil Procedure, 1908] from
attachment and sale in execution of a decree of a Court. The
153. Amended by Act No.III of 1324 F.
154. Substituted for “Taluqdar” by the A.P.A.O. 1957.
155. Substituted for the word “Duwan Taluqdar” (Second Taluqdar) by
the A.P.A.O. 1957.
156. Amended by Act No.III of 1355 Fasli.
157. Substituted for the expression “Hyderabad Code of Civil
Procedure” by A.P.A.O. 1957.
58 [Act No.VIII of 1317 F.]
158
[Collector‟s] order as to what property of the defaulter
shall be exempt from attachment and sale shall be final.
ARREST AND IMPRISONMENT.
Power to arrest 122. After an arrear becomes due, when it may not appear
defaulter and possible to recover it in any other way the defauIter may be
send him to Civil kept in custody for ten days in the district or Tahsil office,
Jail.
but if within the said period the arrear, together with penalty
or interest and the costs of arrest of and subsistence for the
defaulter during custody and the cost of notice that may be
recoverable is recovered the defaulter shall forthwith be
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released.
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If, during the period of ten days the amount due is not
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recovered the 158[Collector] may thereafter or if he deems fit
before the expiry of ten days, send the defaulter a warrant,
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to remain in custody in the Civil Jail of his district; but no
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defaulter shall be kept in imprisonment for a period
exceeding one month.
Power to arrest. 123. The 159[Government may declare by notification] the
officer or class of officers empowered to arrest under
section 122 and the cost of arrest and scale of subsistence
for the person under custody.
FORFEITURE OF OCCUPANCY AND EVICTION OF
DEFAULTER.
Lease and sale of 160
[124. 159[(1) The 158[Collector] may attach the holding in
occupancy right.
respect of which land revenue is due and lease it out for a
period not exceeding ten years; but if in his opinion it is
proper to sell such land he may, with the sanction of the
158. Substituted for “Taluqdar” by the A.P.A.O. 1957.
159. Amended by Act No.III of 1355 Fasli.
160. Substituted by Act No.III of 1324 F.
[Act No.VIII of 1317 F.] 59
161
[Board of Revenue] sell the right of occupancy of the
land. Any sum realised by auction or sale or through other
management of the land shall be credited to the account of
the defaulter.
(2) The Government may, whenever it appears
necessary, by general or special order, authorise any
162
[Collector] or Additional 162[Collector] to sell the land
attached under sub-section (1) without the sanction of the
161
[Board of Revenue].
163
[XXX]
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163
[125 to 128. [XXX]]
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STAY OF PROCEEDINGS FOR RECOVERY OF ARREARS.
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129. If, in the presence of the 162[Collector] or other officer Recovery
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appointed by him for this purpose and if the defaulter is proceedings to be
stayed on security
imprisoned, before the officer of the jail reliable security or being given or
amount in cash towards payment of the aforesaid arrears amount being
and other costs is furnished to the satisfaction of the paid.
162
[Collector] or such other officer he shall forthwith be
released from custody or imprisonment. Any person against
whom, under some measure, any proceeding for the
recovery is pending before any officer, may deposit the
amount demanded with that officer stating that he has
objection for the payment of the said amount.
161. Substituted for “Subedar” by the A.P.A.O. 1957.
162. Substituted for “Taluqdar” by the A.P.A.O. 1957.
163. The heading “Attachment of Villages” and Sections 125 to 128 were
omitted by the A.P.A.O. 1957.
60 [Act No.VIII of 1317 F.]
Procedure for sale 130. When an order for the sale of the property of the
and publication of
defaulter is made under the provisions of this Chapter the
notification.
Tahsildar or any 164[XXX] 165[Collector] or 166[Deputy or
Assistant Collector] shall issue a notification in the
vernacular 167[XXX]. The notification shall contain the
following particulars:-
(a) the time and place of sale;
(b) by whose sanction the sale shall be made final;
(c) when the property to be sold is revenue land its
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area and revenue;
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(d) other matters which the 165[Collector] may think
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necessary.
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Such notification shall be affixed at some conspicuous
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place in the chavdi or any other place in the village wherein
the property was attached and the Tahsildar‟s Office and its
substance shall be proclaimed by beat of drum in the village
wherein the property was attached and in such places also
as the 165[Collector] may deem fit. If the property to be sold
be immovable property, a copy of the notification shall also
be affixed at some conspicuous place in the 165[Collector‟s]
Office and its substance shall be published by beat of drum
at the headquarters of the district; and the 165[Collector] may
in addition to the aforesaid method get every notification
published in any other manner also.
164. Amended by Act No.III of 1305 F.
165. Substituted for “Taluqdar” by the A.P.A.O. 1957.
166. Substituted for the words “Duwam Taluqdar” (Second Taluqdar) by
A.P.A.O. 1957.
167. The words “as well as in Urdu” were omitted by the A.P.A.O. 1957.
[Act No.VIII of 1317 F.] 61
131. When any objection is made by any person in respect Objection in
of any property for the sale of which notification has been respect of
attached property.
issued and not being a holding the right of occupancy of
which has been absolutely forfeited to the 168[Government]
under section 124, the 169[Collector] shall make a summary
inquiry and decide it and excluding the property in respect
of which the objection is admitted he shall order the rest to
be sold.
132. Sale shall be made through such persons as the Sale by whom
169
[Collector] may appoint for the work on a day not being a and when to be
public holiday, during ordinary office hours but not within made.
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atleast thirty days if the property is immovable, and seven
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days if it is movable, from the issue of the notification
referred to in section 130, but this provision shall not apply
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to perishable articles, which irrespective of the restriction as
to said period, shall be sold immediately at the discretion of
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the officer conducting the sale and he shall have power to
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finally conclude such sale.
The 169[Collector] shall have power to stay from time to
time the sale for any sufficient reason.
133. If at any time before the date fixed for the sale the When sale may be
arrear together with the other lawful charges is deposited by stayed.
the defaulter with the auctioner or the person appointed
under section 112 for the recovery of land revenue or if
reliable security is furnished under section 129 the sale shall
forthwith be stayed.
134. Every sale of immovable property shall be finally By whose
concluded by the sanction of the 169[Collector] and that of sanction sale shall
be final.
movable property by the sanction of the officer empowered
by the 169[Collector] by a general or special order.
168. Amended by Act No.III of 1308 F.
169. Substituted for “Taluqdar” by the A.P.A.O. 1957.
62 [Act No.VIII of 1317 F.]
Mode of payment 135. The auction purchaser shall pay the purchase money
of purchase as directed below:-
money.
(a) When the sale is concluded before an officer
authorised to confirm and conclude it finally,-
(1) on account or movable property, in full,
immediately after the sale is concluded or within such
period as the officer conducting the sale may fix,
(2) on account of immovable property one-fourth, as
deposit, immediately after the sale is concluded and the
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entire balance within 30 days from the date of sale and if the
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thirtieth day be a public holiday, then on the first day
following the holiday; aC
(b) when the sale is concluded before an officer who is
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not authorised to sanction and conclude it finally,-
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(1) one-fourth, as deposit, immediately after the sale
is concluded,
(2) the entire balance, on account of movable
property, before sunset of the day on which the notice of
sanction of the sale is received, and on account of
immovable property within thirty days of the receipt of notice
of sanction and if the thirtieth day be a public holiday then
on the day following such holiday.
Re-sale if 136. If purchase money is not paid within the period
purchase money provided in the preceding section, the deposit money, if
is not paid within any, after defraying therefrom the expenses shall forfeit to
prescribed time.
the 170[Government] and there shall be a resale and for
every such resale, when it does not take place on the day
fixed and in the meeting of the first sale, action shall be
170. Amended by Act No.III of 1308 F.
[Act No.VIII of 1317 F.] 63
taken for the issue of a notice under section 130. If the
amount for which the resale was concluded be less than the
first sale the deficiency shall be recovered from the
purchaser at the first sale as an arrear of land revenue and
the purchaser at the first sale shall have no claim to the
property sold and the amount of deposit forfeited.
137. On payment of the purchase money the auction Receipt for
purchaser shall get a receipt and after payment of full purchase money
to be furnished
amount of purchase money such sale, shall, subject to the and sale as
provisions of sections 138 and 139, become absolute in concluded to
favour of the purchaser as against all other persons. become absolute.
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138. At any time within thirty days from the date of sale of Application to set
immovable property application may be made to the aside sale of
171
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[Collector] to set aside the sale on the ground of illegality immovable
property.
of proceedings, material mistake, or fraud, in conducting
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sale or publishing notification but no sale shall be set aside
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on such application only unless the applicant proves to the
satisfaction of the 171[Collector] that he has sustained loss
by reason of the illegality, mistake or fraud. If such
application be allowed the 171[Collector] shall make order to
set aside the sale with the direction that it should be re-sold.
139. lf application for setting aside the sale is not made Order confirming
under the preceding section or has been made and or setting aside
rejected, the 171[Collector] shall make an order confirming sale.
the sale; and if he thinks that the sale may be set aside on
reasonable ground though no such grounds were set forth
in the application rejected, he may, after recording his
reasons make an order setting aside the sale.
140. Where the sale of any property is not confirmed on is Refund of
purchase money if
set aside the purchaser shall be entitled to receive back the
sale is not
purchase money or the deposit. confirmed or set
aside.
171. Substituted for “Taluqdar” by the A.P.A.O. 1957.
64 [Act No.VIII of 1317 F.]
Putting purchaser 141. Where a sale of a holding for which an arrear of land
into possession of revenue is due is confirmed in accordance with the
holding sold and
entering his name aforesaid provisions, the 172[Collector] shall put the auction
as pattadar in purchaser into possession of the same and shall grant him a
village record. certificate to the effect that the person has purchased the
occupancy right of the land. The certificate shall be treated
as an authority for transfer of that land and the name of the
auction-purchaser shall be entered into the village records
as a pattadar; and no suit against the purchaser whose
name has been recorded in such certificate shall be
entertained in a Civil Court on the ground that the certificate
holder is not in fact the purchaser but that by mutual
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agreement certificate has been made in his name.
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Application of 142. The purchase money after the sale has been
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purchase money. concluded shall be applied first to the payment of expenses
of the sale and then to the payment of arrears due by the
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defaulter at the date of conclusion of the sale and
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recoverable as an arrear of land revenue, and the person
whose property has been sold shall be entitled to the
surplus, if any. The expenses of the sale shall be assessed
according to rules and orders approved by the
173
[Government].
Liability of 143. The person whose name has been entered in the sale
purchaser for certificate as purchaser of occupancy right of the
payment of land
revenue.
Government land shall be liable for the payment of all
instalments of land revenue due in respect of such land
subsequent to the date of sale.
Sums recoverable 144. All the Government sums under the following heads
under provisions may be recovered under the provisions of this Chapter:-
of this Chapter.
(1) Land revenue.
172. Substituted for “Taluqdar” by the A.P.A.O. 1957.
173. Amended by Act No.III of 1308 F.
[Act No.VIII of 1317 F.] 65
(2) Quit-rent.
(3) Nazrana.
(4) Peshkesh.
(5) Taxes.
(6) Local cess.
(7) Fine and Penalties.
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(8) Income from lands.
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(9) Rusum. aC
(10) Fees.
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(11) Charges.
(12) Penal interest.
(13) Lease money.
(14) Moneys recoverable from sureties.
174
[(15) Taccavi loans].
174
[(16) All sums in respects of which provision has
been made in this Act or in any other Act that they be
recovered as arrears of land revenue].
174. Amended by Act No.III of 1355 F.
66 [Act No.VIII of 1317 F.]
CHAPTER X.
PROCEDURE OF REVENUE OFFICERS.
Revenue officer to 145. In all official works and proceedings a Revenue officer
be subordinate to shall be subject as to the place, time, and manner, of
his superior.
performing his duty, to the direction and control of his
superior, provided there is no express provision in the law to
the contrary.
Power to issue 146. Every Revenue officer not lower in rank than a Peshkar
summons for of a Tahsil, 175[the Assistant Settlement Commissioner] may
evidence and
producing
issue summons to any person to be examined as a party or
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document etc. to give evidence as a witness or to produce any document
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or article, as the case may be, for the purposes of an
enquiry which he is empowered to make. Such officer shall
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have all the powers which are vested in a Civil Court under
Central Act 5 of 1908. the 176[Code of Civil Procedure, 1908] to compel the
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attendance of person to whom summons has been issued
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or the production of document or other article.
Every person to whom summonses have been issued
shall attend either in person or by an agent as may be
directed in the summons and state the truth upon any
subject respecting which his statement or evidence is
recorded and produce such document and articles as may
be required.
Form, issue and 147. The provisions of the 176[Code of Civil Procedure, 1908]
service of
shall apply mutatis mutandis to the form, issue and service
summons.
of summons.
Central Act 5 of 1908.
175. Substituted for the words “Madadgar Nazim Paimaish Bandobast
or Madagar Nazim Land Records” (the Assistant Commissioner of
Survey Settlement or the Assistant Commissioner of Land Records) by
A.P.A.O. 1957.
176. Substituted for the expression “Hyderabad Civil Procedure Code”
by the A.P.A.O. 1957.
[Act No.VIII of 1317 F.] 67
148. If any party, in any formal or summary inquiry, shall Code of Civil
desire the attendance of witnesses he shall follow the rules Procedure
regarding
contained in the 177[Code of Civil Procedure, 1908]
sustenance
regarding summons, allowance and sustenance to allowances to be
witnesses. followed when
party desires
attendance of
witnesses.
Central Act 5 of 1908.
FORMAL INQUIRY.
149. In a formal inquiry, the officer making the inquiry shall Mode of recording
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evidence in formal
in his own hand record evidence in full 178[XXX] or cause it to
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inquiry.
be recorded in his presence and under his personal
superintendence that it may be audible to him and sign it.
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The cases in which the officer making the inquiry is not
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able to record the evidence in his own hand, he shall, in the
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course of examination, make, in his own hand, a
memorandum of the substance of the deposition of the
witness and after signing it cause it to be put on the file. If
such officer is not able to record such memorandum, he
shall write the reason of his inability.
150. The competent officer shall after completing the inquiry Mode of writing of
write every decision in his own hand and fully record therein decisions.
the grounds on which the decision is based.
SUMMARY INQUIRY.
151. In summary inquiry the competent officer shall, in the Mode of summary
course of inquiry, record a minute of the proceedings in his inquiry.
own hand 178[XXX], containing the material averments of the
parties to the case, the gist of the evidence, and the
177. Substituted for the expression “Hyderabad Civil Procedure Code”
by the A.P.A.O. 1957.
178. The words “in urdu” were omitted by the A.P.A.O. 1957.
68 [Act No.VIII of 1317 F.]
decision and the reasons in brief for the same. But the
officer making an inquiry may, if deemed fit, in the cases
where an inquiry directed by this Act is to be summary, act
under all or any of the rules in force for formal inquiry.
Formal and 152. In a formal or summary inquiry provided in this Act the
summary inquiry
to be deemed
proceedings by a competent officer shall be deemed to be
judicial judicial proceedings for purposes of 179[sections 183, 198
proceedings and and 210 of the Indian Penal Code, 1860] and his office shall
to be conducted be deemed to be a Civil Court.
openly.
Every act and decision in a formal or summary inquiry
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shall be in public, and the parties to the case or their
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authorised agents, shall be duly given an opportunity for
attendance. aC
Mode of ordinary 153. An inquiry which this Act does not expressly require to
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inquiry. be either formal or summary or an inquiry which a Revenue
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officer may on any occasion deem necessary in the
execution of duties, shall be conducted according to any
special or general rules, made under the order of the
180
[Government] or at the instance of a superior authority
and subject to such rules the said officer shall in his
discretion adopt such procedure as may be fit for finding out
facts and for the public welfare.
Manner of 154. In all cases in which a formal or summary inquiry is
obtaining copies made, authenticated copies and translations of decisions,
and translation.
orders and exhibits shall be furnished to the parties on
application being made; and original documents produced
in evidence, if they have not been impounded under any
rule or by any order or decision, shall be restored to the
persons who had produced them: provided that the full
charges for copying or translation, as the case may be, have
179. Substituted for the reference “sections 159, 174 and 186 of the
Hyderabad Penal Code No.III of 1313 Fasli” by the A.P.A.O. 1957.
180. Amended by Act No.III of 1308 F.
[Act No.VIII of 1317 F.] 69
been received in accordance with the rules as are in force
by the order of the 181[Government].
155. When, under the provisions contained in this Act, a Arrest to be made
defaulter or any other person is held liable to be arrested, by warrant.
such arrest shall be made upon a warrant of arrest issued
by an officer competent to order the arrest, of such person.
156. Every Revenue officer may, enter, whenever necessary Power to enter
for measurement, fixing of boundary marks or inspecting of upon land or
premises when
boundaries, classification of soil, or assessment, or for any necessary.
other necessity connected with the discharge of duty, any
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land or premises, whether such land or premises belongs to
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the 181[Government] or to any private individual and whether
the revenue is partially or wholly realised from the land or
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not: Provided that he shall not enter into any house used as
a dwelling without the permission of the occupier of the
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house and without giving twenty-four hours‟ previous notice,
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and on entering such a house due regard shall be had to
the religious and social ideologies of the occupier of the
house.
157. Whenever a 182[Collector] may desire to evict, under Mode of evicting
the provisions of this Act or any other law, any person unlawful
occupant.
having unlawful occupation of any land, such eviction shall
be made in the following manner:-
(1) a notice shall be served on the unlawful occupant
requiring him to vacate the land within a fixed period from
the date of receipt of the notice;
(2) if it is not obeyed such person shall be evicted from
the land by force;
181. Amended by Act No.III of 1308 F.
182. Substituted for “Taluqdar” by the A.P.A.O. 1957.
70 [Act No.VIII of 1317 F.]
(3) if such eviction is resisted and obstructed by any
person, the 183[Collector] may hold before him a summary
inquiry into the case and if satisfied after inquiry into the
facts of the case that the resistance or obstruction was
without any just cause and that such resistance and
obstruction continues, shall issue a warrant for the arrest of
the said person and keep him in custody in the office of the
district, or Tahsil or send him with a warrant for
imprisonment in the Civil Jail of the district for a period not
exceeding thirty days, as may be necessary to prevent the
obstruction and resistance.
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Explanation:- Nothing in this section shall prevent
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Central Act 45 of 1860. proceedings against such person under the 184[Indian Penal
Code, 1860]. aC
185
[CHAPTER XI].
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APPEAL, REVIEW AND REVISION.
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APPEAL.
Appeal from order 158. (1) Except as otherwise provided in this Act or any
of Revenue other law for the time being in force, an appeal shall lie
officer.
against any decision or order passed by a Revenue officer
under this Act or any other law for the time being in force, to
his immediate superior officer, whether such decision or
order may have been passed in the exercise of original
jurisdiction or on appeal.
Explanation:- For the purposes of this section superior
officer with reference to the and orders of Tahsildars shall
mean the 186[XXX] 183[Collector] 186[XXX] concerned, or the
183. Substituted for “Taluqdar” by the A.P.A.O. 1957.
184. Substituted for the reference “Hyderabad Penal Code” by the
A.P.A.O. 1957.
185. Amended by Act No.IV of 1345 F.
186. Amended by Act No.III of 1355 F.
[Act No.VIII of 1317 F.] 71
187
[Deputy or Assistant 188[XXX] Collector] entrusted with the
control of the Taluqa and specially invested by the
189
[Government] with powers to hear appeals against the
decisions and orders of Tahsildars subordinate to him.
190
[(2) Subject to the provisions of [the Telangana Regulation LX of
1358F.
Board of Revenue Regulation, 1358 F.], an appeal shall lie
to the Government from any decision or order passed by a
Collector or Settlement Commissioner except in the case of
any decision or order passed by such officer on second or
third appeal].
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(3) When on account of promotion or change of
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designation, an appeal against any decision or order lies
under this section to the same officer who has originally
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passed the decision or order appealed against, the appeal
shall lie to the officer competent under this section to hear
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appeals against the decisions of the said officer.
In
191
[(4) Subject to the provisions of [the Telangana Regulation LX of
1358F.
Board of Revenue Regulation, 1358 F.], if any decision or
order is varied or reversed on revision or review in
accordance with the provisions hereinafter laid down, an
appeal shall lie from the order passed on such revision or
review as if such order were an original order or decision].
appealable 159. The following orders shall be non-appealable:-
rs.
187. Substituted for the words “Duwam Taluqdar (Second Taluqdar)” by
the A.P.A.O. 1957.
188. Amended by Act No.III of 1355 F.
189. Amended by Act No.III of 1308 F.
190. Sub-section (2) substituted by the A.P.A.O. 1957.
191. Sub-section (4) substituted by the A.P.A.O. 1957.
72 [Act No.VIII of 1317 F.]
(1) order for exemption from period of limitation for a
memorandum of appeal or application for review under
192
Central Act 9 of 1908. [section 5 of the Indian Limitation Act, 1908].
(2) order rejecting an application for revision or review.
Period of
160. Except as otherwise provided in this Act the period of
limitation.
limitation for the appeal preferred under section 158 shall be
as follows:-
(1) when the appeal is against the order or decision of
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an officer lower in rank to a 193[XXX] 194[Collector] 193[XXX] or
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195
[Settlement Commissioner], 60 days;
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(2) in all other cases, 90 days.
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Original order or 161. The original order or decision appealed against or an
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copy thereof to be
filed along with
authentic copy thereof shall be filed along with every
memorandum etc. memorandum of appeal.
Powers of 162. The appellate authority may admit the memorandum of
appellate appeal after or without calling for the record of the
authority.
subordinate department or may after calling for the record
and hearing the arguments of the appellant summarily
dismiss without admitting it: Provided that when the
memorandum of appeal is time barred or the decision is
non-appealable the record of the subordinate department
shall not be called for.
192. Substituted for the reference “section 5 of the Hyderabad Limitation
Act” by the A.P.A.O. 1957.
193. Amended by Act No.III of 1355 Fasli.
194. Substituted for “Taluqdar” by the A.P.A.O. 1957.
195. Substituted for the words “Madadgar Nazim Paimaish Bandobast
or Madagar Nazim Land Records” (the Assistant Commissioner of
Survey Settlement or the Assistant Commissioner of Land Records) by
A.P.A.O. 1957.
[Act No.VIII of 1317 F.] 73
(2) If the memorandum of appeal is admitted, a date
shall be fixed for the hearing and the respondent informed
of it by a notice.
(3) The appellate authority may, if the parties be
present, after hearing their arguments and if, inspite of the
due service of notice, any party be not present, after
perusing the existing record:
(a) annul, vary, modify or confirm the order or
decision of the subordinate department; or
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(b) order the subordinate department to make further
enquiry or take further evidence; or aC
(c) take such further evidence himself or by sending
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back the case to the subordinate department direct it for its
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disposal in the manner he may deem fit.
163. (1) When a memorandum of appeal admitted is the Power to stay
appellate authority may, pending decision of the appeal, execution.
direct the execution of the order or decision under appeal to
be stayed.
(2) Any Revenue officer who has passed an order or
decision or his successor may, if an appeal against the
order or decision has not been preferred to a competent
officer, on the application of any aggrieved party at any time
within the period of appeal stay the execution of such order
or decision for such period (not exceeding three months, in
any case) as he may deem fit in order to enable the
aggrieved party to present a memorandum of appeal to the
competent officer and obtain an order for the stay of
execution.
Orders under this sub-section by which execution is
stayed or refused to be stayed shall not be appealable.
74 [Act No.VIII of 1317 F.]
(3) When an order of stay of execution is passed under
sub-section (1) or (2) the appellate authority or the
executing officer may, at his discretion, take security from
the party concerned or impose any other conditions as may
be deemed fit.
Final order to be 196
[164. Whenever in this Act or any rule or order
deemed non- thereunder, it is declared that a decision or order shall be
appealable.
final, such expression shall be deemed to mean that no
appeal lies from such decision or order but, subject to the
Regulation LX of 1358 provisions of the Telangana Board of Revenue Regulation,
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F.
1358 F. the Government may under section 166-B, annul,
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vary or modify even a final order or decision.]
Propriety of
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165. If in any case on the motion of any officer who is not
reconsideration of competent to deal with it, a superior competent officer
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order passed on
passes any order in the first instance, nothing shall prevent
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motion of
incompetent such competent officer, on the application of any party, to
officer. reconsider the said order and modify, annul or vary it and
such modification, annulment or variation shall be deemed
to be in the first instance.
REVIEW.
Review. 166. (1) Every Revenue officer may, either himself or on the
application of any party when the application is
accompanied by the original order or decision or by an
authentic copy of such order or decision against which the
review is desired, review the order or decision passed by
him or his predecessor and make such order as he may
deem fit:
Provided that an application for review shall be made
on the following grounds only:-
196. Section 164 substituted by the A.P.A.O. 1957.
[Act No.VIII of 1317 F.] 75
(a) when some new and important matter or evidence
has been discovered which the applicant even after due
diligence, could not know or adduce till the order or
decision was passed; or
(b) when some mistake or omission, by reason of
which the applicant has suffered loss, is apparent on the
face of order or decision; or
(c) when there is some other reasonable ground for
review.
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(2) (a) Where it appears to the reviewing authority that
there is no reasonable ground for review he shall reject the
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application, but before rejecting the application, the person
applying for review shall be given an opportunity to produce
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arguments in support of the application;
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(b) Where such authority is of opinion that the
application for review should be granted, he shall grant the
application but before doing so the opposite party shall be
given an opportunity of being heard;
(c) Where such application is on the ground of the
discovery of new and important matter or evidence which
the applicant alleges was not within his knowledge or could
not be produced by him till the order or decision was
passed, it shall not be granted unless such allegation is fully
proved.
(3) Where in the opinion of a 197[XXX] 198[Settlement
Commissioner] or the 199[Collector] 200[XXX] the review of an
197. The words “subedar ya” (Subedar or) were omitted by the A.P.A.O.
1957.
76 [Act No.VIII of 1317 F.]
order or decision not passed by him is necessary or when
any other Revenue officer, below the rank of a 200[XXX]
199
[Collector] 200[XXX] 198[Settlement Commissioner] desires
to review an order or decision whether passed by him or his
predecessor every such officer shall before granting the
application for review obtain the sanction of such officer or
higher department whose immediate subordinate he may
be.
(4) No order or decision shall be modified or annulled
on review unless all the parties to the case to be affected are
summoned and heard against the order or decision under
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review.
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(5) When a memorandum of appeal or application for
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revision has been filed against any order or decision, such
order or decision shall not be reviewed.
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(6) No order or decision shall be reviewed which
affects the mutual rights of the raiyot unless an application is
filed by some party to the case and such application for
review shall not be admitted unless it is filed within 90 days
from the date of the order or decision.
(7) When an order or decision has been disposed of in
appeal or revision, no Revenue officer lower in rank to the
authority hearing the appeal or revision shall be competent
to review such order or decision.
(8) For purposes of this section, the 201[XXX]
202
[Collector] 201[XXX] shall be deemed to be the successor
198. Substituted for the words “Nazim Paimaish Bandobast, Nazim Land
Records” (Commissioner of Survey Settlement, Commissioner of Land
Records) by the A.P.A.O. 1957.
199. Substituted for “Taluqdar” by the A.P.A.O. 1957.
200. Amended by Act No.III of 1355 Fasli.
201. Amended by Act No.III of 1355 Fasli.
202. Substituted for “Taluqdar” by the A.P.A.O. 1957.
[Act No.VIII of 1317 F.] 77
of every such Revenue officer in the district as may not be
present within the limits of the district or who has ceased to
have powers in the Revenue department: Provided that his
successor has not been appointed.
(9) Orders passed in review shall on no account be
reviewed.
166-A. The provisions of the 203[Indian Limitation Act, 1908] Application of
shall, as far as possible, apply to every memorandum of Limitation Act.
appeaI and application for review under this Act. Central Act 9 of 1908.
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166-B. (1) 204[Subject to the provisions of [the Telangana Revision.
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Board of Revenue Regulation, 1358 F.], the Government] or
any Revenue officer not lower in rank to a 202[Collector] the
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205
[Settlement Commissioner] of Land records may call for
the record of a case or proceedings from a subordinate
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department and inspect it in order to satisfy himself that the
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order or decision passed or the proceedings taken is
regular, legal and proper and may make suitable order in
that behalf:
Provided that no order or decision affecting the rights
of the raiyot shall be modified or annulled unless the
concerned parties are summoned and heard.
(2) Every Revenue officer lower in rank to a
206
[Collector] or 207[Settlement Commissioner] may call for
203. Substituted for the reference “Hyderabad Limitation Act” by the
A.P.A.O. 1957.
204. Substituted for the word “Sarkari-i-Aali” (The Government) by the
A.P.A.O. 1957.
205. Substituted for the words “Nazim Paimaish Bandobast, Nazim Land
Records” (Commissioner of Survey Settlement, Commissioner of Land
Records) by the A.P.A.O. 1957.
206. Substituted for “Taluqdar” by the A.P.A.O. 1957.
78 [Act No.VIII of 1317 F.]
the records of a case or proceedings from a subordinate
department and satisfy himself that the order or decision
passed or the proceedings taken is regular, legal and
proper and if, in his opinion, any order or decision or,
proceedings should be modified or annulled, he shall put up
the file of the case with his opinion to the 208[XXX]
206
[Collector] 208[XXX] or 207[Settlement Commissioner] as
the case may be. Thereupon the 208[XXX] 206[Collector]
208
[XXX] or 207[Settlement Commissioner] may pass suitable
order under the provisions of sub-section (1).
(3) The original order or decision or an authentic copy
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of the original order or decision sought to be revised shall
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be filed along with every application for revision.
Review by 209
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[166-C. (1) The Government may, at any time, either suo
Government.
moto, or on application from any person interested, made
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within ninety days of the passing of an order under section
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158 or section, 166B review any such order if it was passed
by them under any mistake, whether of fact or of law, or in
ignorance of any material fact:
Provided that the Government shall not pass any order
adversely affecting the interests of any person unless such
person has been given an opportunity of making his
representation.
(2) The Government may stay the execution of any
such decision or order, pending the exercise of their powers
under sub-section (1) in respect thereof.
207. Substituted for the words “Nazim Paimaish Bandobast, Nazim Land
Records” (Commissioner of Survey Settlement, Commissioner of Land
Records) by the A.P.A.O. 1957.
208. Amended by Act No.III of 1355 Fasli.
209. Inserted by Act No.27 of 1990.
[Act No.VIII of 1317 F.] 79
(3) The provisions of this section shall apply to any
order passed under section 158 or section 166B whether
before or after the commencement of the Andhra Pradesh
(Telangana Area) Land Revenue (Amendment) Act, 1990
and in the case of an application for review from any person
interested in respect of such an order passed prior to such
commencement, the period of ninety days specified in sub-
section (1) shall be computed from the date of such
commencement.]
CHAPTER XII.
MISCELLANEOUS
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167. Subject to such rules and after taking such fees as the Inspection of
Government may prescribe by notification, settlement maps, survey
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records, all maps and village accounts shall be open to the records and
village accounts
inspection of the public and copies and extracts thereof may
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and granting
be given. copies thereof.
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168. The following rules shall be enforced at the partition of Rules for partition
any area on which land revenue is levied:- of an area on
which land
revenue is levied.
(1) The area shall be divided as far as possible
according to numbers without sub-dividing any number;
But if the partition cannot be completely effected
without sub-dividing a number, such number may be
subdivided by the 210[Collector], subject to the provisions of
section 79.
(2) Any number or its pote-number which may remain
undivided after the partition has been carried out under the
preceeding rule and which is incapable of subdivision or
further sub-division according to section 79, shall be made
over to one of the sharers; provided that such sharer pays to
210. Substituted for “Taluqdar” by the A.P.A.O. 1957.
80 [Act No.VIII of 1317 F.]
the other sharers the consideration for their shares or they
shall be sold or auctioned and the proceeds divided among
all the sharers or disposed of as the 211[Collector] thinks fit.
(3) The expenses properly incurred in making such
partition shall be recoverable as an arrear of land revenue in
such proportions as the 211[Collector] thinks fit from all the
sharers or from the persons at whose request partition is
made or from the persons interested in such partition.
212
[169. [XXX]
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212
[170. [XXX]
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212
[171. [XXX]] aC
Power to make 172. (1) The Government may, by notification published in
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rules. the 213[Official Gazette], make rules not inconsistent with the
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provisions of this Act, to carry out the purposes and objects
of this Act and for the guidance of all persons in matters
connected with the enforcement of this Act or in matters not
expressly provided for in the Act.
(2) In particular, and without prejudice to the generality
of the foregoing power, rules may be made with regard to
the following matters:
214
[XXX]
(a) the appointment of Revenue officers and the
exercise of their powers and their duties;
(b) where the appointment of the officials is subject to
furnishing security, the manner in which security shall be
211. Substituted for “Taluqdar” by the A.P.A.O. 1957.
212. Sections (169), (170) and (171) omitted by the A.P.A.O. 1957.
213. Substituted for “Jarida” by the A.P.A.O. 1957.
214. Proviso omitted by the A.P.A.O. 1957.
[Act No.VIII of 1317 F.] 81
taken from them and the nature and the amount of such
security;
215
[(c) [XXX]]
216
[(d) [XXX]]
(e) the assessment of land revenue and the alteration
and revision of such assessment and the recovery of land
revenue;
(f) the disposal of attached land;
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217
[(f-i) to prescribe the manner of publication of the
notification and of the service of the notice referred to in
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sub-section (3) of section 46-A;]
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(g) the maximum amount of fine leviable under
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section 57;
(h) the purpose for which land assessed for land
revenue may or may not be used and to grant permission to
use agricultural land for non-agricultural purposes;
(i) issuing of notice in the matter of enhancement of
rent and eviction from land by the holder to the Asami or by
the Asami to the holder under section 71;
(j) prescribing the area of a number under section 79
and the records, registers, accounts and maps to be
maintained for the purposes of this Act and the manner and
forms in which they shall be prepared and maintained;
215. Omitted by Act No.XLIV of 1952.
216. Clause (d) omitted by the A.P.A.O. 1957.
217. Added by Act No.XLIV of 1952.
82 [Act No.VIII of 1317 F.]
(k) the interest or penalty chargeable if land revenue
is not paid in time;
(I) regulating the conduct of survey and settlements
and land revenue and prescribing the notice to be issued
under section 84 before the introduction of settlement;
218
[(m) [XXX]]
218
[(n) [XXX]]
(o) the division of survey numbers into pote-numbers
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and the assessment of pote-numbers under section 89-B;
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(p) the construction, laying out, maintenance and
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repair of boundary marks;
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(q) the mode of drawing up plaint, appeal, application
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for review and revision of prescribing forms and the manner
of presenting them.
Punishment for 173. (1) The 219[Government] may prescribe punishment for
breach of rules. breach of rules which may either be imprisonment to the
extent of one month or fine which may extend to five
hundred rupees or both.
(2) Under sub-section (1) punishment on conviction
shall be awarded by a magistrate.
***
218. Clauses (m) and (n) omitted by the A.P.A.O. 1957.
219. Amended by Act No. III of 1308 F.
India Code, Government of India. Text fetched 10 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.