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ANDHRA PRADESH ANDHRA AREA ESTATES ABOLITION AND CONVERSION INTO RYOTWARI ACT, 1948
(1) This Act may be called the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948.
(2) It extends to the whole of the Andhra Area of the State of Andhra Pradesh.
(3) It applies to all estates as defined in Section 3, clause (2) of the Andhra Pradesh (A.A.) Estates Land Act, 1908 (Act I of 1908).
(4) This section and Sections 2,4,5,7,8,9, 58-A, 62, 67 and 68 shall come into force at once; and the rest of this Act shall come into force in regard to any zamindari, undertenure or inam estate, on such date as Government may, by notification, appoint.
(5) The Government may, by notification, cancel or modify any notification issued under sub-section (4) in respect of any estate, but the cancellation shall not be deemed
Section 1 of the Andhra Pradesh (Andhra Area) Estates Abolition and Conversion into Ryotwari Act, 1948, primarily lays down the short title, extent, application, and commencement of the Act. It establishes the legislative framework for abolishing estates and converting land rights into ryotwari settlements within the specified Andhra Area, thereby initiating land reform measures aimed at ending zamindari or inam tenure systems and establishing direct relations between landholders and the State.
Note: This commentary synthesizes the legal provisions and interpretations based on the provided sources, emphasizing the legislative intent, scope, procedural aspects, and judicial considerations related to Section 1 of the Act.
In this Act, unless there is anything repugnant in the subject or context
(1) all expressions defined in the Estates Land Act shall have the same respective meanings as in that Act with the modifications, if any, made by this Act;
(2) "Director" means the Director of Settlements appointed under Section 4;
(3) "estate" means a zamindari or an under-tenure or an inam estate;
(4) "Estates Land Act" means the Andhra Pradesh (Andhra Area) Estates Land Act, 1908;
(5) "Government" means the State Government;
(6) "impartible estate" means the estate governed immediately before the notified date, by the Madras Impartible Estates Act, 1904;
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With effect on and from the notified date and save as otherwise expressly provided in this Act
(a) the Andhra Pradesh (Andhra Area) Permanent Settlement Regulation, 1802, the Estates Land Act, and all other enactments applicable to the estate as such except the Andhra Pradesh (Andhra Area) Estates Land (Reduction of Rent) Act, 1947, shall be deemed to have been repealed in their application to the estate;
(b) the entire estate (including minor inams (post-settlement or pre-settlement) included in the assets of the zamindari estate at the permanent settlement of that estate; all communal lands and porambokes; other non-ryoti lands; waste lands; pasture lands; lanka lands; forests; mines and minerals; quarries; rivers and streams; tanks and irrigation works; fisheries; and ferries), shall stand transferred to the Government and vest in th
The Andhra Pradesh (Andhra Area) Estates Abolition and Conversion into Ryotwari Act, 1948, was enacted to abolish the zamindari system and convert estates into ryotwari holdings. This legislative framework aimed to empower tenants and ensure their rights over the land they cultivated. Section 3 of the Act outlines the consequences of the notification of estates, marking a significant shift in land ownership and management in the region.
Section 3 stipulates that upon the notification of an estate, certain consequences take effect from the notified date. It essentially lays down the legal framework for the transition from zamindari to ryotwari systems, impacting the rights and obligations of landholders and tenants.
The scope of Section 3 encompasses all estates that are notified under the Act. It applies to the rights of both landholders and tenants, ensuring that the transition to ryotwari is legally recognized and enforced.
Section 3 does not explicitly outline punishments; however, it establishes a legal framework that can lead to civil liabilities for non-compliance with the provisions of the Act.
This commentary provides an overview of Section 3 of the Andhra Pradesh (Andhra Area) Estates Abolition and Conversion into Ryotwari Act, 1948, highlighting its significance in the context of land rights and tenant empowerment.
As soon as may be after the passing of this Act, the Government shall appoint a Director of Settlements to carry out survey and settlement operations in estates and introduce ryotwari settlement therein. The Director shall be subordinate to the Board of Revenue.
(1) As soon as may be after the passing of this Act, the Government shall appoint one or more Settlement-Officers to carry out the functions and duties assigned to them under this Act.
(2) Every Settlement Officer shall be subordinate to the Director and shall be guided by such lawful instructions as he may issue from time to time; and the Director shall also have power to cancel or revise any of the orders, acts or proceedings of the Settlement Officer, other than those in respect of which an appeal lies to the Tribunal.
(1)With effect on and from the notified date, the Government shall appoint one or more persons to manage the estate.
(2) Every manager shall be subordinate to the District Collector and shall be guided by such lawful instructions as he may issue from time to time; and the District Collector shall also have power to cancel or revise any of the orders, acts or proceedings of the manager.
The Board of Revenue shall have power-
(a) to give effect to the provisions of this Act and in particular to superintend the taking over of estates and to make due arrangements for the interim administration thereof;
(b) to issue instructions for the guidance of the Director, District Collectors, Settlement Officers and managers of estates;
(c) to cancel or revise any of the orders, acts or proceedings of any Settlement Officer other than those in respect of which an appeal lies to the Tribunal or of any manager; and
(d) to cancel or revise any of the orders, acts or proceedings of the Director or of any District Collector, including those passed, done or taken in the exercise of revisional powers.
(1) The Government shall constitute as many Tribunals as may be necessary for the purposes of this Act.
(2) Each Tribunal shall consist of a single member who shall be either a District Judge or an officer eligible to be appointed as a District Judge.
(3) Each Tribunal shall have such jurisdiction, and over such estates or parts thereof, as the Government may, by notification from time to time, determine.
(4) Every Tribunal shall have all the powers of a civil court to compel the attendance of witnesses and the production of documents. Determination Of Inam Estates
(1) As soon as may be after the passing of this Act and subject to the provisions of Section 9-A, the Settlement Officer may suo motu and shall on application, inquire and determine whether any inam village or hamlet or khandriga granted as inam in his jurisdiction is an inam estate or not.
(2) Before holding the inquiry, the Settlement Officer shall cause to be published in the village or hamlet or Khandriga granted as inam in the prescribed manner, a notice requiring all persons claiming an interest in any land in the village or hamlet or Khandriga granted as inam to file before him statements bearing on the question whether the village or hamlet or Khandriga granted as inam is an inam estate or not.
(3) The Settlement Officer shall then hear the parties and afford to them a reasonable opportunity of adducing all such evidence either o
If before the commencement of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) (Second Amendment) Act, 1957 any decision was given under Section 9 in respect of any village that it was not an inam estate as it stood defined before such commencement, and that decision was based on the finding the inam village became an estate by virtue of the Andhra Pradesh (Andhra Area) Estates Land (Third Amendment) Act, 1936 then,
(a) if the decision based on the finding aforesaid was given by the Tribunal under sub-section (4) of Section 9, no fresh inquiry under that section shall be necessary for taking any proceedings under this Act on the basis of that finding; and
(b) if the decision based on the finding aforesaid was given by the Settlement Officer, and no appeal was filed to the Tribunal, the Government or any
(1) The landholder of an under-tenure estate or any other person interested may, within three months from the notified date, or such further time as the appropriate Settlement Officer may in his discretion allow, apply to him for a decision as to whether such estate was created before or after the date on which the principal estate was permanently settled.
(2) The Settlement Officer shall then hear the parties and afford to them a reasonable opportunity of adducing all such evidence either oral or documentary as they may desire to, examine all such documents as he has reason to believe are in the possession of the Government and have a bearing on the claims before him and give his decision in writing.
(3) The Government or any person deeming himself aggrieved by a decision of the Settlement Officer under sub-section (2) may, within two m
Every ryot in an estate shall, with effect on and from the notified date, be entitled to a ryotwari patta in respect of
(a) all ryoti lands which, immediately before the notified date were properly included or ought to have been properly included in his holding and which are not either lanka lands or lands in respect of which a landholder or some other person is entitled to a ryotwari patta under any other provision of this Act; and
(b) all lanka lands in his occupation immediately before the notified date, such lands having been in his occupation or in that of his predecessors-in-title continuously from the 1st day of July, 1939;
Provided that no person who has been admitted into possession of any land by a landholder on or after the first day of July, 1945 shall, except where the Governmen
In the case of the zamindari estate, the landholder shall, with effect on and from the notified date, be entitled to a ryotwari patta in respect of
(a) all lands (including lanka lands) which, immediately before the notified date, (i) belonged to him as private land within the meaning of Section 3, clause (10) (a), of the Estates Land Act, or (ii) stood recorded as his private land in a record prepared under the provisions of Chapter XI or Chapter XII of the said Act, not having been subsequently converted into ryoti land;
(b)
(i) all lands which were properly included, or which ought to have been properly included, in the holding of a ryot and which have been acquired by the landholder, by inheritance or succession under a will, provided that the landholder has cultivated such lands himself
In the case of an inam estate, the landholder shall, with effect on and from the notified date, be entitled to ryotwari patta in respect of
(a) all lands (including lanka lands) which, immediately before the notified date, (i) belonged to him as private land within the meaning of Section 3, clause (10) (b) of the Estates Land Act, or (ii) stood recorded as private land in a record prepared under the provisions of Chapter XI or Chapter XII of the said Act, not having been subsequently converted into ryoti land; and
(b)
(i) all lands which were properly included, or which ought to have been properly included, in the holding of a ryot and which have been acquired by the landholder, by inheritance or succession under a will, provided that the landholder has cultivated such lands himself, by his
The grant of a ryotwari patta to landholder in respect of lands in an under-tenure estate shall be regulated in accordance with the provisions of
(a) section 13, if it has been decided under Section 10 that such estate was created before the date of the permanent or temporary settlement of the principal estate or the 13th day of July 1802, as the case may be; and
(b) Section 12, in other cases.
(1) The Settlement Officer shall examine the nature and history of all lands in respect of which the landholder claims a ryotwari patta under Section 12, 13 or 14, as the case may be, and decide in respect of which lands the claim should be allowed.
(2)
(a) Against a decision of the Settlement Officer under sub-section (1), the Government may, within one year from the date of the decision or if such decision was given before the commencement of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1957, within one year from such commencement, and any person aggrieved by such decision may, within two months from the date of the decision or such further time as the Tribunal may in its discretion allow, appeal to the Tribunal; and its decision shall be final and not be liable to be questioned in
Section 15 of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948, plays a crucial role in the land reform process by establishing procedures for applying for ryotwari pattas and determining land ownership rights post-abolition of zamindari estates. It delineates the jurisdiction of the Settlement Officer, the process for application, and the finality of decisions concerning land rights, thereby shaping the legal landscape of land tenure in Andhra Pradesh.
Section 15 mandates that individuals claiming rights over land, such as tenants or occupants, may apply to the Settlement Officer for a ryotwari patta. The section specifies the procedure for submitting applications, the enquiry process, and the criteria for granting pattas. It also emphasizes that once a decision is made by the Settlement Officer regarding land ownership, it is final and binding, with no scope for collateral challenge or reopening of the case, barring specific exceptions.
Section 15 applies broadly to claims for ryotwari pattas by individuals in estates undergoing abolition. It aims to streamline land rights recognition, prevent multiple claims, and ensure finality. The section's scope includes determining land ownership, resolving disputes, and safeguarding the interests of bona fide occupants, thereby facilitating the transition from zamindari to ryotwari settlement.
Section 15 itself does not prescribe specific punishments. However, violations such as submitting false claims or obstructing enquiries may attract penalties under general provisions of the Act or applicable laws. The primary emphasis is on the finality of decisions and the prevention of litigation collaterally challenging settled land rights.
In conclusion, Section 15 of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948, plays a pivotal role in establishing a definitive, final process for recognizing land rights post-abolition, reinforcing the principles of finality, jurisdiction, and administrative efficiency in land reforms.
(1) Every person, whether a landholder or a ryot, who becomes entitled to a ryotwari patta under this Act, in respect of any land shall, with effect on and from the notified date, be liable to pay to the Government such assessment, as may be lawfully imposed on the land
(2) If in respect of any such land, the ryot was liable immediately before the notified date to make any payment to the landholder otherwise than by way of rent, whether periodically or not, the ryot shall continue to make such payments as accrue on or after that date to the Government.
(1) Where any land (not consisting of an entire village) granted on service-tenure, whether to an individual or institution falls under Section 3, clause 16 (c) of Estates Land Act, then.
(a) if the service to be rendered is personal or private service to the landholder, not being a religious, educational or charitable institution, the land shall be discharged from the condition of such service and the holder of such land shall be entitled to a ryotwari patta in respect of the land with effect on and from the notified date;
(b) in all other cases, the holder of such land shall have the same rights in the land, and be subject to the same liabilities, as the inamdar of a minor service inam in a ryotwari village has in respect of his land. Provided that no ryotwari patta shall be granted in respect of any land which is forest or which fall
(1) Every building situated within the limits of an estate, which immediately before the notified date, belonged to any landholder thereof and was then being used by him as an office in connection with its administration and for no other purpose, shall vest in the Government, free of all encumbrances, with effect on and from the notified date.
(2) Every building so situated which, immediately before the notified date, belonged to any such landholder and the whole or principal part whereof was then in the occupation of any religious, educational or charitable institution, shall also vest in the Government, free of all encumbrances, with effect on and from the notified date; Provided that when such institution ceases to exist, the building shall revert to such landholder, or if he is dead, to his heirs or legal representatives.
(3) Where a
Where any ryoti or non-ryoti land has been sold by any landholder for a non-agricultural purpose before the 1st day of July, 1945, the buyer shall be entitled to keep the land, subject however to the payment by him to the Government of the ryotwari or other assessment or the ground rent which may be imposed upon the land;
Provided that the sale was not void or illegal under any law in force at the time.
(1) In cases not governed by Sections 18 and 19, where before the notified date, a landholder has created any in any land (whether by way of lease or otherwise) including rights in any forest, mines or minerals, quarries, fisheries or ferries, the transaction shall be deemed to be valid; and all rights and obligations arising thereunder, on or after the notified date, shall be enforceable by or against the Government:
Provided that the transaction was not void or illegal under any law in force at the time;
Provided further that any such created on or after the 1st day of July 1945 shall not be enforceable against the Government, unless it was created for a period not exceeding one year:
Provided also that where such was created for a period exceeding one year, unless it relates to the private
(1) Any estate or part thereof may be surveyed or, if it has been surveyed before the notified date, may be resurveyed, as if it were Government land, in accordance with the provisions for the survey of such land contained in the Andhra Pradesh Survey and Boundaries Act, 1923: Provided that any resurvey made under this sub-section may be limited to what is necessary for the introduction of the ryotwari settlement in the estate or part thereof.
(2) The cost of the survey or resurvey, except so much thereof as is payable by the ryots or the landholder under the provisions of Section 8 of the Andhra Pradesh Survey and Boundaries Act, 1923, shall be borne by the Government.
(1) The Settlement Officer shall effect a ryotwari settlement of the estate or part thereof, in accordance with a settlement notification framed and published by the Government for the purpose.
(2) The said notification shall embody the principles adopted in making ryotwari settlements in ryotwari areas, and shall adopt -
(a) the rates of assessment set out in the resettlement notification in force on the date of the passing of this Act, in the district in which the estate is situated, or
(b) if more than one such notification is in force in the district, or if the estate is situated in more than one district, the rates set out in that one of those notifications, which the Government consider to be most appropriate to the case.
(3) All rates of ass
The land revenue payable to the Government with effect on and from the notified date shall, until a ryotwari settlement effected in pursuance of Section 22 has been brought into force in the estate, be calculated as follows:-
(a) In respect of any land held for the purpose of agriculture, not being private land, the land revenue shall be -
(i) where the rent payable to the landholder immediately before the notified date has been determined under the Andhra Pradesh (Andhra Area) Estates Land (Reduction of Rent) Act, 1947, the rent so determined; or
(ii) where the rent has not been so determined, the rent which would have been payable to the landholder in respect of the fasli year in which the estate is notified; or
(iii) where no rent was payable t
The compensation payable in respect of an estate shall be determined in accordance with the following provisions.
The compensation shall be determined for the estate as a whole, and not separately for each of the interests therein :
A sum called the basic annual sum shall first be determined in respect of the estate. Basic Annual Sum for Zamindari Estates
In the case of a zamindari estate, the basic annual sum shall be the aggregate of the sums specified below:-
(i) one-third of the gross annual ryotwari demand in respect of all lands in the estate (excluding lanka lands) in respect of which any person other than the landholder is entitled to a ryotwari patta, as ascertained under Section 28, less the deductions specified therein;
(ii) one-third of the gross annual ryotwari demand in respect of -
(a) all lanka lands in the estate in respect of which a person other than the landholder is entitled to a ryotwari patta, and
(b) all lanka lands which in the opinion of the Government ar suffciently permanent (that is to say, similar to the permanent portions of Government lanka lands) to enable the levy
(1) The gross annual ryotwari demand in respect of the lands referred to in Section 27, clauses (i) and (ii), shall be the total of the ryotwari assessments imposed, in pursuance of a settlement effected under Section 22, on the lands occupied by any person other than the landholder on the notified date.
Explanation I:- For the purpose of this sub-section, the expression ryotwari assessment in respect of any land, classified as dry in the landholders account and irrigated solely or partly from an irrigation work constructed, maintained or controlled by or on behalf of the Government, shall be deemed to be the appropriate dry assessment on the land, together with the net amount, if any, which the landholder is entitled to retain as his share of the charge for water, paid or payable to him by the ryots for the Fasli year 1357.
Explanation
(1)
(a) The average net annual income from the lanka lands referred to in Section 27, clause (iii), shall be the average of the net annual income derived by the landholder from such lands during a period of twenty complete fasli years immediately preceding the notified date, or where such lands have been in existence for a shorter period not being less than five complete fasli years immediately preceding the notified date, during the complete fasli years for which the lands have been in existence:
Provided that where the particulars necessary to compute such average are not available for the full period or where the particulars available appear in material respects to be incorrect, the computation may be made in such manner as may be prescribed.
(b) Where such lands have not been in existenc
The average net annual miscellaneous revenue from the sources referred to in Section 27, clause (iv), shall be the average of the net annual income derived by the Government from such sources during the fasli year commencing on the notified date, if such date was the 1st day of July, or on the first day of July immediately succeeding the notified date, if such date was not the 1st day of July and the next two fasli years. Basic Annual sum for Inam Estates
In the case of an inam estate, the basic annual sum shall be the aggregate of the sums specified below, less the deductions specified in Section 35
(i) the whole of the gross annual ryotwari demand in respect of all lands in the estate (excluding lanka lands), in respect of which any person other than the landholder is entitled to a ryotwari patta, as ascertained under Section 32, less the deduction specified therein;
(ii) the whole of the gross annual ryotwari demand in respect of all -
(a) lanka lands in the estate in respect of which a person other than the landholder is entitled to a ryotwari patta, and
(b) all lanka lands which, in the opinion of the Government, are sufficiently permanent (that is to say, similar to the permanent portions of
(1) The gross annual ryotwari demand in respect of the lands referred to in Section 31, clauses (i) and (ii), shall be the total of the ryotwari assessments imposed in pursuance of a settlement effected under Section 22 on the lands occupied by any person other than the landholder on the notified date.
Explanation I:- For the purposes of this sub-section, the expression ryotwari assessment in respect of any land, classified as dry in the landholders account and irrigated solely or partly from an irrigation work constructed, maintained or controlled by or on behalf of the Government, shall be deemed to be the appropriate dry assessment of the land, together with the net amount, if any, which the landholder is entitled to retain as his share of the charge for water paid or payable to him by the ryots for the Fasli year 1357.
Explanation I
(1)
(a) The average net annual income from the lanka lands referred to in Section 31, clause (iii), shall be the average of the net annual income derived by the landholder from such lands during a period of twenty complete fasli years immediately preceding the notified date, or where such lands have been in existence for a shorter period not being less than five complete fasli years immediately preceding the notified date, during the complete fasli years for which the lands have been in existence:
Provided that where the particulars necessary to compute such average are not available for the full period, or where the particulars available appear in material respects to be incorrect, the computation may be made in such manner as may be prescribed.
(b) Where such lands have not been in existen
The average net annual miscellaneous revenue from the sources referred to in Section 31, clause (iv), shall be the average of the net annual income derived by the Government from such sources during the fasli year commencing on the notified date, if such date was 1st day of July, or on the 1st day of July immediately suceeding the notified date, if such date was not the 1st day of July and the next two fasli years.
From the aggregate of the sums referred to in Section 31, clauses (i) to (iv), ascertained as aforesaid, there shall be deducted
(a) the whole of the jodi, quit-rent or other amount, if any of a like nature, payable annually by the landholder to the Government; and
(b) the whole of the jodi, kattubadi or other amount, if any (excluding local cesses and taxes), payable annually by the landholder immediately before the notified date, to a landholder of some other estate, including the value, as ascertained in the prescribed manner, of whatever was deliverable in kind annually:
Provided that the amount deducted under clauses (a) and (b) shall in no case exceed one-half of the aggregate of the net amounts computed in accordance with Sections 32 and 33.
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In the case of an under-tenure estate, the basic annual sum shall, where it has been decided under Section 10 that the estate was granted before the date of the permanent or temporary settlement of the principal estate or before the 13th day of July 1802, as the case may be, be computed, in accordance with the provisions of Sections 31 to 35, both inclusive. In other cases, the basic annual sum shall be the sum as computed in accordance with the provisions of Sections 27 to 30, both inclusive, less the whole of the jodi, kottubadi or other amount, if any (excluding local cesses and taxes), payable annually by the landholder of the under-tenure estate immediately before the notified date to the landholder of the principal estate, including the value, as ascertained in the prescribed manner, of whatever was deliverable in kind annually:
Provided that the total amount to be deducted
The total compensation payable in respect of any estate shall, except in the case governed by Section 38, be determined in accordance with the following scale:-
(i) Where the basic annual sum does not exceed Rs.1,000 30 times such sum.
(ii) Where the basic annual sum exceeds Rs.1,000 but does not exceed Rs.3,000 25 times such sum or Rs.30,000 whichever is greater.
(iii) Where the basic annual sum exceeds Rs.3,000 but does not exceed Rs.20,000 20 times such sum or Rs.75,000 whichever is greater.
(iv) Where the basic annual sum exceeds Rs.20,000 but does not exceed Rs.50,000 17 1/2 times sum or Rs.4,00,000, whichever is greater.
(v) Where the basic annual sum exceeds Rs.50,000 but does not exceed Rs.1,00,0
(1) In the following cases, namely:-
(a) Where an inam estate or part thereof was held immediately before the notified date by any religious, educational or charitable institution, and
(b) where a zamin or under-tenure estate or part thereof was held immediately before the notified date by any such institution, such estate or part having been endowed for its maintenance the Government shall subject to the provisions of sub-sections, (3-A) and (4-A) pay to the Institution every year as a tasdik allowance:
(i) in the case of an entire estate, the basic annual sum;
(ii) in the case of a part of an estate, such portion of the basic annual sum as may, on a calculation in the prescribed manner, be ascribed to that part.
(1) Where an inam estate or part thereof was held immediately before the notified date by an individual on condition of rendering service to a religious institution, the individual shall, notwithstanding anything contained in this Act, be bound to render such service after the notified date, if he is required to do so by a written notice sent to him by the institution within such time as may be specified by the Government in this behalf.
(2) Any such individual who renders the service on being required to do so by the institution as aforesaid shall be entitled to be paid by the institution every year such sum as may be fixed by agreement between the individual and the institution, and if no such agreement can be reached, such sum as may be fixed by the Board constituted under the Madras Hindu Religious Endowments Act, 1926, in accordance with such rules as may be made by the Govern
(1) The Director shall determine in accordance with such of the foregoing provisions as may be applicable to the estate
(a) the basic annual sum in respect thereof; and
(b) except in the case governed by Section 38, also the total compensation payable in respect of the estate.
(2) Any landholder or other person interested may, within such time as may be prescribed or such further time as the Director may in his discretion allow, apply in writing to the Director for a copy of the data on the basis of which he proposes to determine the basic annual sum.
(3) On the receipt of such application, the Director shall furnish the data aforesaid to the applicant; and he shall also, before passing any order under sub-section (1), give the applicant a reasonab
(1) The compensation payable to any person under this Act and the sums payable to any religious, educational or charitable institution under Section 38, sub-sections (1) and (2), may be paid in such form and manner, and at such time or times, and in one or more instalments, as may be prescribed by rules made by the Government.
(2) Such rules shall be subject to the approval of the State Legislative Assembly.
(1) The Government shall deposit in the office of the Tribunal, the compensation in respect of each estate as determined by the Director under Section 39 in such form and manner, and at such time or times and in one or more instalments, as may be prescribed by rules made under Section 40:
Provided that the Government shall be entitled to deduct from the amount to be deposited
(a) the advance compensation referred to in sub-section (1) of Section 54-A.
(b) all moneys, if any, still remaining due to them
(i) in respect of peshkash, jodi, quit-rent or other amounts of like nature, and cesses; and
(ii) in respect of any claim which was secured immediately before the notified date by a mortgage of, or a cha
(1) Every person claiming the compensation so deposited or any portion thereof, including the principal or any other landholder, members of his family claiming any portion of such compensation, whether by way of a share or by way of maintenance or otherwise, and creditors, whether their debts are secured or not, shall apply to the Tribunal within six months from the date on which the amount was so deposited or within such further time as the Tribunal may, in its discretion, allow.
(2) Every claim against the compensation which is not made to the Tribunal within the time aforesaid, shall cease to be enforceable.
The Tribunal shall, after giving notice to all persons who have applied under Section 42 and to any others whom it considers to be interested, make inquiry into the validity of the claims received by it, and determine the persons who, in its opinion, are entitled to the compensation deposited and the amount to which each of them is entitled.
(1) As a preliminary to such determination, the Tribunal shall apportion the compensation among the principal landholder and any other persons whose rights or interests in the estate stand transferred to the Government under Section 3, clause (b), or cease and determine under Section 3, clause (c), including persons who are entitled to be maintained from the estate and its income, as far as possible, in accordance with the value of their respective interests in the estate:
Provided that where the notification issued under sub-section (4) of Section 1 in respect of an estate is cancelled under sub- section (5) of that section and the said estate is re-notified under sub-section (4) of that section, it shall be competent for the Tribunal to revise the apportionment of the compensation already made under this sub-section, so as to be in conformity with the revised compensation payabl
(1) In the case of an impartible estate which had to be regarded as the property of a joint Hindu family for the purpose of ascertaining the succession thereto immediately before the notified date, the following provisions shall apply.
(2) The Tribunal shall determine the aggregate compensation payable to all the following persons, considered as a single group:
(a) the principal landholder and his legitimate sons, grandsons and great-grandsons in the male line living or in the womb on the notified date, including sons, grandson and great-grandsons adopted before such date (who are herein after called sharers); and
(b) other persons who immediately before the notified date, were entitled to maintenance out of the estate and its income either under Section 9 or 12 of the A.P. (Andhra Area) Impa
After the compensation has been apportioned among the persons referred to in Section 44, sub- section (1), or where it is more convenient, so to do pending such apportionment, the Tribunal shall take into consideration the applications of the creditors other than those dealt with in Section 45, sub-section (3), and decide the amount to which each such creditor is entitled and the person or persons out of whose share or shares of the compensation such amount should be paid.
(1) Every maintenance-holder entitled to a portion of the compensation under Section 45 shall also be entitled to the grant of a ryotwari patta in respect of a portion of the lands referred to in Section 12 or 14, as the case may be.
(2) The Tribunal shall determine the total extent of the lands in respect of which ryotwari pattas may be granted to the maintenance-holders and divide the same among them, and in doing so, the Tribunal shall, unless for reasons recorded in writing it considers that it is inappropriate to do so, have regard to the considerations set forth in Section 45, subsection (5) and the manner in which the compensation payable to the maintenance holders has been or may be apportioned among them under that sub-section.
Provided that the total extent of the lands granted to all such maintenance-holders shall not exceed
Where the power of the landholder to alienate any property in an estate is restricted, whether by the terms of the grant or otherwise, the provisions of this Act relating to the payment and apportionment of compensation in respect of impartible estates shall, so far as may be and subject to such rules as may be made by the Government in this behalf, apply to the payment and apportionment of the compensation payable in respect of the estate.
Where it is alleged that the interest of any person entitled to receive payment of any portion of the compensation has devolved on any other person or persons, whether by act of parties or by operation of law, the Tribunal shall determine whether there has been any devolution of the interest, and if so, on whom it has devolved.
In case the principal landholder or any other person referred to in sub-section (1) of Section 44 has received in the form of bonds deposited by the Government in the office of the tribunal under Section 54-AA, his share in the remaining half of the amount of compensation estimated under sub-section (1) of section 54, no interim payment under Section 50 shall be payable to such principal landholder or any other person from the Fasli year in which the bonds are deposited by the Government in the office of the Tribunal.
Provided that if the amount deposited in bonds in pursuance of sub-section (1) of section 54-AA falls short of the remaining half of the amount of compensation estimated under sub-section (1) of Section 54-A, an interim payment equal to a sum which bears the same proportion to the basic annual sum as the amount still remaining unpaid out of the total compensation est
(1) The provisions of this section shall apply in every case not governed by section 38.
(2) After the notified date and before the compensation has been determined by the Director under Section 39 and deposited under Section 41 interim payments shall be made by the Government every fasli year, to the principal landholder and to the other persons referred to in section 44, sub-section (1), as follows:
(3) In respect of the fasli year in which the estate is notified, they shall together be entitled to such amount as the Government may, on a rough calculation, determine to be the basic annual sum referred to in section 26, if the deposit in pursuance of Section 54-A has not been already made,and to an amount equal to one-half of the basic annual sum as so calculated, if the deposit aforesaid has been already made:
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(1) Any person deeming himself aggrieved by any decision of the Tribunal under Sections 43 to 50, may, within three months from the date of such decision or such further time as a Judge of the High Court nominated for the purpose by the Chief Justice may in his discretion allow, appeal to a Special Tribunal consisting of two judges of the High Court nominated from time to time by the Chief Justice in that behalf.
(2) Where the members of the Special Tribunal are agreed in their opinion, their decision shall be final. Where the members are divided in their opinion, the case with their opinions thereon shall be laid before another Judge of the High Court nominated for the purpose by the Chief Justice and such Judge shall hear the case as a persona designata and his decision shall be final.
Section 51 provides the mechanism for appeals against decisions made by the Tribunal under the Act, ensuring a legal recourse for aggrieved parties. It forms a crucial part of the legal framework to safeguard rights and ensure justice in the estate abolition process.
Section 51 states that any person who is aggrieved by a decision of the Tribunal under Sections 43 to 50 may file an appeal within three months from the date of the decision. The appeal is to be made to the appropriate authority, typically the District Judge, and the orders passed by the Tribunal are final unless challenged through the prescribed appellate process.
Note: This commentary synthesizes available sources related to Section 51, focusing on procedural and substantive legal aspects within the context of the Andhra Pradesh (Andhra Area) Estates Abolition and Conversion into Ryotwari Act, 1948.
The jurisdiction of the Tribunal and the Special Tribunal shall be limited
(a) to the apportionment of the compensation among the persons referred to in Section 43 and the apportionment of the interim payments among the persons referred to in Section 50; and
(b) in cases falling under Section 47, to the division of the lands in respect of which a ryotwari patta may be granted under Section 12 or 14, and neither the Tribunal nor the Special Tribunal shall have jurisdiction to go into the question of the correctness of the determination, or the adequacy of the compensation.
All payments made out of the compensation deposited in the office of the Tribunal under Section 41 shall be made by it in accordance with its orders and decisions, subject to the modifications, if any, made on appeal under Section 51.
Where any payment made to any person is subsequently found to be not due to him or to be in excess of the amounts due to him, the amount which is found to be not due or which is in excess, as the case may be, with interest thereon at three percent per annum, or any portion thereof which cannot be otherwise adjusted by deduction from any amounts due to such person, shall be recoverable as if it were an arrear of land revenue.
(1) As soon as may be after the final determination of the amounts of compensation payable under Section 39 in respect of
(a) all the zamindari estates, and
(b) all the under-tenure estates in respect of which there is no decision under Section 10 either of the Settlement Officer or of the Tribunal on appeal from the Settlement Officer, that they were estates created before the dates of the permanent or temporary settlement of the principal estates concerned or before the 13th day of July, 1802, as the case may be if it is found that the aggregate of such amounts falls short of twelve and a half crores of rupees, the Government shall be under an obligation to distribute among the zamindari estates and under tenure estates aforesaid an amount equal to that by which the aggregate so falls short, the sum payable in respect of each such est
If any amount has been paid to any person under this Act in pursuance of a notification issued under sub-section (4) of Section 1 and if such notification is subsequently quashed by order of Court or cancelled by the Government, the amount so paid, with interest thereon at three per cent per annum, shall be recoverable as if it were an arrear of land revenue.
Any sum representing the whole or any portion of the rents and excess collections referred to in clause (c) of the first proviso to sub-section (1) of Section 41, which cannot be adjusted by deduction under the said clause, shall be recoverable as if it were an arrear of land revenue.
(1) In the case of every estate not governed by Section 38, the Government shall estimate roughly the amount of the compensation payable in respect of the estate, and deposit one half of that amount within six months from the notified date in the office of the Tribunal, as advance payment on account of compensation:
Provided that in the case of an estate notified before the commencement of the A.P. (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1950, the deposit may be postponed to a date which is not later than the 30th day of June, 1950.
Provided further that where the notification issued under sub-section (4) of Section 1 in respect of an estate is cancelled under sub-section (5) of that section and the said estate is re-notified under sub-section (4) of that section, the amount of compensation for the
(1) Where the advance payment on account of the compensation referred to in Section 54-A has been deposited in the office of the tribunal in respect of any zamindari or undertenure estate referred to in sub-section (1) of section 54-B, but the amount of compensation payable for such estate is not finally determined under Section 39, the principal landholder or any other person referred to in sub-section (1) of Section 44 may make an application to the Tribunal in writing agreeing to receive immediately his share of the remaining half of the amount of compensation estimated under sub-section (1) of Section 54-A and undertaking not to receive, or to receive, a proportionate amount of the annual interim payment under Section 50. On receipt of such application, the Government may deposit, in the office of the Tribunal, bonds issued by them equal in value to the said share as determined by the Tribunal under sub-section (5) as a p
the sums payable to the religious, educational or charitable institutions concerned under sub-sections (1) and (2) of that section have been finally determined, the Government shall pay to the institution
(a) in respect of the fasli year in which the estate is notified, such sums as they may, on a rough calculation, determine to be payable to the institution under sub-sections (1) and (2) of Section 38.
Provided that the rents, if any, collected before the notified date by the institution from the ryots in respect of the fasli year aforesaid and any amount collected by it from the ryots in excess of the rent determined under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947 (Act XXX of 1947), and outstanding to the credit of the ryots on the first day of the fasli year, shall be deducted.
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(1) After the notified date, the land-holder shall not be entitled to collect any rent which accrued due to him from any ryot before, and is outstanding on, that date; but the manager appointed under Section 6 shall be entitled to collect all such rent and any interest payable thereon together with any costs which may have been decreed, as if they were arrears of land revenue; and there shall be paid to the landholder all amounts so collected, after deducting
(a) ten per cent thereof on account of collection charges;
(b) the arrears of peshkash, quit-rent, jodi or other amount, if any, of a like nature, due from the landholder to the Government; and
(c) the rent, if any, collected before the notified date by the landholder from the ryots in respect of the fasli year in which the estate is not
(1) Where after an estate is notified, a dispute arises as to (a) whether any rent due from a ryot for any fasli year is in arrear or (b) what amount of rent is in arrear or (c) who the lawful ryot in respect of any holding is, the dispute shall be decided by the Settlement Officer.
(2) Any person deeming himself aggrieved by any decision of the Settlement Officer under sub-section (1) may, within two months from the date of the decision or such further time as the Tribunal may in its discretion allow, appeal to the Tribunal; and its decision shall be final and not be liable to be questioned in any Court of Law.
Peshkash, Jodi or quitrent as the case may be, in respect of an estate shall cease to accrue with effect from the end of the fasli year immediately preceding the notified date.
(1) No Court shall, before the date on which the deposit in pursuance of Section-54A is made, order or continue execution in respect of any decree or order passed against the principal or any other landholder of an estate, against his interest in the estate or against his other immovable property, or against him personally by arrest and detention; and with effect on and from such date, execution in the cases aforesaid may be ordered or continued as specified in, and in accordance with the provisions of Section 59.
(2) Where in execution of any such decree or order, any interest in the estate or any other immovable property of the principal or any other landholder has been sold or foreclosed on or after the 19th April 1949, then, notwithstanding anything contained in the Indian Limitation Act, 1908, or in the Code of Civil Procedure, 1908, and notwithstanding that the sale has been
With effect on and from the date on which an estate is notified, the landholder of an inam village which is not an inam estate shall be liable to pay annually to the Government, such jodi, kattubadi or other amount of a like nature, as he was liable to pay to the landholder of the notified estate immediately before that date:
Provided that in respect of the fasli year in which the estate is notified, the jodi, kattubadi or other amount aforesaid shall be reduced by any payments made on that account before the notified date, to the landholder of the notified estate, if such payments are authenticated in the prescribed manner.
(1) No claim or liability enforceable immediately before the notified date against the principal or any other landholder of an estate, or against any other person whose rights stand transferred to the Government in pursuance of Section 3, clause (b), shall, on or after that date, be enforceable against the interest he had in the estate; and all such claims and liabilities shall after the date on which the deposit in pursuance of Section 54-A is made be enforceable.
(a) against the interim payments or the compensation or other sums paid or payable to him under this Act, to the same extent to which such claims and liabilities were enforceable against his interest in the estate immediately before the notified date; and
(b) against his other property, if any, to the same extent to which such claims and liabilities were enforceable against s
Notwithstanding any law, custom, or contract to the contrary, the following provisions shall apply in regard to the persons employed in the administration of any estate immediately before the notified date.
(1) The Government shall have power to terminate the services of any such person after giving him one calendar months notice or paying him one months pay in lieu of such notice.
(2) Persons whose services are retained shall be governed by such rules as the Government may make in regard to them.
Every educational or other charitable institution which was being maintained during the three fasli years 1354, 1355, and 1356, by any landholder of an estate may, with effect on and from the notified date, be maintained by the Government if they think fit.
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If any question arises whether any land in an estate is a forest or is situated in a forest, or as to the limits of a forest, it shall be determined by the Settlement Officer, subject to an appeal to the Director within such time as may be prescribed and also to revision by the Board of Revenue.
Notwithstanding any judgment, decree or order of a Court, tribunal or other authority
(a) the decision of -
(i) the Settlement Officer under Section 63, if no appeal or revision is preferred;
(ii) the Director, if no revision is filed;
(iii) the Board of Revenue in revision;
(b) Where a final decision as aforesaid is given under Section 63 either before or after an order is passed, or a decision is given by any tribunal or other authority under Sec.11 or Sec.15, the said final decision shall prevail over such order or decision of the tribunal or other authority.
(1) The decision of a Tribunal or Special Tribunal in any proceeding under this Act, or of a Judge of the High Court hearing a case under Section 51 (2), on any matter falling within its or his jurisdiction shall be binding on the parties thereto and persons claiming under them, in any suit or proceeding in a Civil Court in so far as such matter is in issue between the parties or persons aforesaid in such suit or proceeding.
(2) The decision of a Civil Court (not being the Court of a District Munsif or a Court of Small Causes) on any matter falling within its jurisdiction shall be binding on the parties thereto and persons claiming under them in any proceeding under this Act before a Tribunal or Special Tribunal, or a judge of the High Court under Section 51 (2), in so far as such matter is in issue between the parties or persons aforesaid in such proceeding.
In computing the period of limitation for any suit or application filed in a Civil Court by a creditor in respect of any matter which was the subject of a proceeding under any of the following sections, namely, 42,43,44,45,46,48,49,50,51, 54-A and 54-B, the period commencing on the notified date and ending with the date on which the deposit in pursuance of Section 54-A is made, and the time during which such proceedings were pending as well as the time taken for obtaining certified copies of the order passed in such proceeding shall be excluded.
(a) Where a person is entitled to the ownership or to the possession or occupation of any land or building immediately before the notified date, but has transferred his to the possession or occupation thereof or has been temporarily dispossessed or deprived of his to the occupation thereof; and
(b) has not on that date lost his to remove the possession or occupation of such land or building; he shall, for the purposes of this Act and subject to the provisions thereof, be deemed to be the owner, or to be in possession or occupation, of such land or building;
Provided that any lawful transferee of the to the possession or occupation of such land or building shall, save as otherwise expressly provided in this Act, continue to have the same rights against his transferor, as he had immediately before the notified date:
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(1) No suit or other proceeding shall lie against the Government for any act done or purporting to be done under this Act or any rule made thereunder.
(2)
(a) No suit, prosecution or other proceeding shall lie against any officer or servant of the Government for any act done or purporting to be done under this Act or any rule made thereunder, without the previous sanction of the Government.
(b) No officer or servant of the Government shall be liable in respect of any such act in any civil or criminal proceeding, if the act was done in good faith in the course of the execution of the duties, or the discharge of the functions imposed by or under this Act.
(3) No suit, prosecution, or other proceeding shall be instituted against any officer or servant
(i)With effect on and from the notified date the A.P. (Andhra Area) Impartible Estates Act, 1904, shall be deemed to have been repealed in its application to the estate, if the estate had been governed by that Act immediately before that date; and
(ii) the A.P. (Andhra Area) Tenants and Ryots Protection Act, 1946 shall be deemed to have been repealed in its application to private lands in the estate.
(1) Government may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for -
(a) all matters expressly required or allowed by this Act to be prescribed.
(b) the procedure to be followed by the Tribunals, Special Tribunal, authorities and officers appointed, or having jurisdiction, under this Act;
(c) the delegation of the powers conferred by this Act on the Government or any other authority, officer or person;
(d) the time within which applications and appeals may be presented under this Act, in cases for which no specific provision in that behalf has been made herein;
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If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, do anything which appears to them necessary for the purpose of removing the difficulty.
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