ANDHRA PRADESH TELANGANA AREA TENANCY AND AGRICULTURAL LANDS ACT, 1950
(1) This Act may be called the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950.
(2) It extends to the whole of the Telangana area of the State of Andhra Pradesh.
(3) It shall come into force at once.
In this Act, unless there is anything repugnant in the subject or context:-
(a) "Agriculture" with its grammatical variations and cognate expressions includes :-
(i) horticulture,
(ii) the raising of crops, grass or garden produce,
(iii) dairy farming,
(iv) poultry farming and stock breedings, and
(v) grazing; but does not include the cutting of wood only.
(b) "Agriculturist" means a person who cultivates lands personally;
(c) "Agricultural land" means land which is used or is capable of being used for agriculture or reserved for growing forests and includes--
Government may by Notification in the Official Gazette specify and delimit areas each of which shall constitute a local area for the purposes of this Chapter.
(1) Subject to and in accordance with the provisions of this section the Government shall determine in the manner prescribed for all or any class of land in any local area, the area of family holding which a family of five persons including the agriculturist himself, cultivates personally according to local conditions and practices and with such assistance as is customary in agricultural operations and which area, will yield annually a produce the value of which, after deducting fifty per cent, therefrom as cost of cultivation, is Rs.800 according to the price levels prevailing at the time of determination.
(2) The Government shall determine the extent of land which shall be regarded as a family holding for each class in each kind of soil in all the local areas which may be determined for the area to which this Act extends) subject to the limits specified below, shall notify in the
A person lawfully cultivating any land belonging to another person shall be deemed to be a tenant if such land is not cultivated personally by the landholder and if such person is not--
(a) a member of the landholders family, or
(b) a servant on wages payable in cash or kind, but not in crop share or a hired labourer cultivating the land under the personal supervision of the landholder or any member of the landholders family, or
(c) a mortgagee in possession: Provided that if upon an application made by the landholder within one year from the commencement of this Act to the Tahsildar within whose jurisdiction the land is situate--
(a) the Tahsildar declares that such person is not a tenant and his decision is not reversed on appeal or revision, or
After the expiry of three years from the commencement of this Act, no land shall, save as provided in Section 7, be leased for any period whatsoever and, save as aforesaid, no tenancy shall be created in respect of any land.
(1)
(a) Notwithstanding anything contained in Section 6, a landholder holding land the area of which is equal to or less than three times the area of the family holding for the local area concerned may lease the land held by him: Provided that every such lease notwithstanding any agreement to the contrary shall be for a period of five years and at the end of the said period and thereafter at the end of each period of five years in succession, the tenancy shall, subject to the provisions of Clauses (b) and (c) be deemed to be in force for a further period of five years on the same terms and conditions except to the extent that a modification therefor consistently with this Act is agreed to by both parties.
(b) The landholder may by giving the tenant at least one years notice in writing before the end of each of the periods referred to in
Every lease made within three years from the commencement of this Act shall be for a period of a ten years, and notwithstanding that it may be expressed to be a lease for a longer or a shorter period shall be deemed to be, and shall have effect as, a lease for ten years:
Provided that a landholder who is temporarily prevented by any sufficient cause from cultivating the land may, with the permission of the Collector, lease the land for such period less than 10 years as the Collector may fix.
Every lease made under Section 7 or 8 shall be in writing and the landholder shall and the tenant may file a copy thereof in the office of the Tahsildar within thirty days of the date on which the lease is executed.
If in respect of any land a lease is made otherwise than in conformity with the provisions of Section 6 or Section 9, the Collector may summarily eject any person in possession of the land under such lease if, in his opinion it is necessary to do so to protect the interest of any tenant who previously held the land.
(1) Notwithstanding any agreement or usage or any decree or order of the Court, or any law to the contrary, the maximum rent payable by a tenant for a lease in respect of the following classes of land shall be the multiples of the land revenue for the time being in force or if no land revenue is in force the land revenue which may be assessed thereon, as shown hereunder against them--
(a)
Dry land of Chalka soil
.....
4 times the land revenue
(b)
Dry land of Black Cotton Soil
.....
5 times the land revenue
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The rent payable by a tenant shall, subject to the provisions of Sections 11 and 13 be the rent agreed upon between such tenant and his landholder or in the absence of such agreement the rent payable according to the usage of the locality or if there is no such agreement or usage, or where there is dispute as regards the reasonableness of the rent payable according to such agreement or usage, the reasonable rent:
Provided that such reasonable rent shall not in any case exceed one-fourth in the case of irrigated land except land under wells and one-fifth in the case of all other classes of land of the value of the average annual produce of the land, excluding fodder, during the three years immediately preceding the year in which the dispute arises.
(1) With effect from the date of the commencement of the Hyderabad Tenancy and Agricultural Lands (Amendment) Act, 1954, a tenant shall not be liable to pay the rent at any rate exceeding that specified in Section 11 subject to any application to the Tribunal as to the assessment of rent payable under Section 12.
(2) The rent due shall be payable by the tenant at the rate fixed in accordance with the provisions of Sections 11 and 12 and the tenant will have the option to pay the rent in cash so fixed or in equivalent produce grown on the land estimated according to the market value thereof.
(1) Any landholder receiving rent from any tenant in terms of service or labour shall within twelve months from the commencement of this Act apply to the Tahsildar in the prescribed form for communication of such rent into a cash rent.
(2) On receipt of an application under sub-section (1), the Tahsildar shall, after holding an enquiry, by an order in writing commute such rent into a cash rent.
(3) Notwithstanding any agreement or usage, or any decree or order of a Court or any law to the contrary, no landholder shall recover or receive rent in terms of service or labour after a period of twelve months from the commencement of this Act.
If any landholder recovers rent from any tenant in contravention of the provisions of Sections 11, 12, 13 or 14 he shall forthwith refund to the tenant the excess amount recovered and shall be liable to pay such compensation to the tenant as may be determined by the Tahsildar in this behalf and shall also be liable to such penalty as may be prescribed.
Notwithstanding any agreement, usage or law, it shall not be lawful for a landholder to levy any cess, rate, tax or service of any description or denomination whatsoever, from any tenant in respect of any land held by him as a tenant other than the rent lawfully due in respect of such land.
(1) For the determination of the reasonable rent of any land the tenant or his landholder may apply in writing to the Tribunal in the prescribed form.
(2) On receipt of an application under sub-section (1) the Tribunal shall give notice to the landholder or to the tenant, as the case may be, and after holding an enquiry, shall determine the reasonable rent of the land.
(3) In determining the reasonable rent regard shall, subject to the provisions of Section 11, be had to the following factors:
(a) the rental values of lands used for similar purposes in the locality;
(b) the profits of agriculture of similar lands in the locality;
(c) the prices of crops and commodities in the locality;
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(1) Notwithstanding anything contained in Section 73 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F. whenever for any cause the payment of the whole land revenue payable by a landholder in respect of any land is suspended or remitted, the landholder shall suspend or remit, as the case may be, the payment to him of the whole of the rent of such land by the tenant. If in the case of any land payment of the land revenue is partially suspended or remitted, the landholder shall suspend or remit a proportionate amount of the rent payable in respect of such land by the tenant.
(2) If no land revenue is payable in respect of any land and if for any cause, the payment of the whole or any part of the land revenue payable in respect of any other land in the neighbourhood of such land has been suspended or remitted, the Collector shall, subject to the general or special orders
(1) Notwithstanding any agreement or usage or any decree or order of a Court of law, but subject to the provisions of sub-section (3), no tenancy of land shall be terminated before the expiration of the period for which the land is leased or deemed to be leased otherwise than--
(a) by the tenant by surrender of his rights to the landholder at least a month before the commencement of the year: Provided that such surrender is made by the tenant in writing and is admitted by him before and is made in good faith to the satisfaction of the Tahsildar: or
Provided further that where the land is cultivated jointly by joint tenants or members of an undivided Hindu family, unless the surrender is made by all of them, it shall be ineffective in respect of such joint tenants as have not joined in the application for surrender, irrespective of the
(1) If in any village, a tenant is in occupation of a dwelling house on a site belonging to his landholder, such tenant shall not be evicted from such dwelling house (with the materials and the site thereof and the land immediately appurtenant thereto and necessary for its enjoyment), unless--
(a) the landholder proves that the dwelling house was not built at the expense of such tenant or his predecessor-in-title, and
(b) such tenant makes a default in the payment of the rent, if any, which he has been paying for the use and occupation of such site.
(2) The provisions of sub-section (1) shall not apply to a dwelling house which is situate on any land used for the purposes of agriculture the tenancy of which has been terminated under sub-section (1) of Section 44.
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(1) If the landholder of a site referred to in Section 20 intends to sell such site, such tenant at the expense of whom or whose predecessor-in-title, a dwelling house is built thereon, shall be given in the manner provided in sub-section (2) the first option of purchasing the site at a value determined by the Tribunal.
(2) The landholder intending to sell such site shall give notice in writing to the tenant requiring him to state within three months from the date of service of such notice whether he is willing to purchase the site.
(3) If within the said period the tenant intimates in writing to the land-holder that he is willing to purchase the site, the landholder shall make an application to the Tribunal for the determination of value of the site. On receipt of such application the Tribunal after giving notice to the tenant and after
Government may, by Notification in the (Official Gazette) direct that the provisions of Section 20 and 21 shall in any area specified in the notification apply also in respect of houses and the sites thereof occupied by agricultural labourers or artisans.
If a tenant has planted or plants any trees on any land leased to him, he shall be entitled to the produce and wood of such trees during the continuance of his tenancy and shall on the termination of his tenancy be entitled to such compensation for such trees as may be determined by the Tahsildar:
Provided that a tenant shall not be entitled to compensation under this section if the tenancy is terminated by surrender on the part of the tenant:
Provided further that the landholder shall during the continuance of the tenancy be entitled to the rent of the land as if the trees had not been planted.
(1) A tenant shall during the continuance of his tenancy be entitled to two- thirds of the total produce of trees naturally growing on the land, the landholder being entitled to one-third of the produce of such trees.
(2) If there is any dispute regarding the right to the produce of such trees or the apportionment of such produce under sub-section (1) the tenant or the landholder may apply in the prescribed form to the Tahsildar.
(3) On receipt of such application, the Tahsildar shall after holding an inquiry, pass such orders thereon as he deems fit.
Notwithstanding any thing contained in (The Andhra Pradesh (Telangana Area) Land Revenue Act, 1317F.) the responsibility for the maintenance and good repair of the boundary marks of lands held by a tenant and any charges reasonably incurred on account of service by revenue officers in case of alteration, removal or repair of such boundary marks shall be upon the tenant.
(1) Notwithstanding any agreement usage or custom to the contrary, if it appears to Government that the construction maintenance or repair of any bunds protecting any land held by a tenant is neglected owing to a dispute between the landholder and the tenant or for any other reason, Government may by an order in writing direct that the construction, maintenance or repair shall be carried out by such persons as may be specified in the order and the costs thereof shall be recoverable from the person in actual possession of the land as arrears of land revenue.
(2) The person from whom the costs are recovered under sub-section (1) shall be entitled to recover the same or the appropriate part thereof from any person who under any agreement, usage or custom is wholly or partially liable to construct, maintain or repair the bunds.
(3) Notwithst
If at any time on a land held by a tenant any amount is levied or imposed by the Government as betterment contribution under the provisions of the Hyderabad Irrigation (Betterment Contribution and Inclusion Fees) Act, 1952 (the tenant and the landholder thereof shall be liable to pay such amount to the Government in such proportion as the Government may, by general or special order determine under the Act as though both were owners for the purposes thereof:
Provided that the general or special orders so made shall be laid before the Assembly.
Where tenancy of any land held by a tenant is terminated on the ground that the tenant has done any act which is destructive or permanently injurious to the land, no proceeding for ejectment shall lie against such tenant unless and untill the landholder has served on the tenant a notice in writing specifying the act of destruction or injury complained of and the tenant has failed within a period of one year from the service of such notice to restore the land to the condition in which it was before such destruction of injury.
(1) Where a tenancy of any land held by a tenant is terminated for non-payment of rent and the landholder files any proceeding to eject the tenant, the Tahsildar shall call upon the tenant to tender to the landholder the rent in arrears together with the cost of proceeding within (ninety) days from the date of the order, and if the tenant complies with such order, the Tahsildar shall, in lieu of making an order of ejectment, pass an order directing that the tenancy has not been terminated, and thereupon the tenant shall hold the land as if the tenancy had not been terminated:
Provided that nothing in this section shall apply to any tenant whose tenancy is terminated for non-payment of rent if he has failed (for) any three years to pay rent within the period specified in sub-clause (i) of clause (a) of sub-section (2) of Section 19.
(2)
(1) In the absence of an express intimation in writing to the contrary by a tenant, every payment made by a tenant to his landholder shall be presumed to be a payment on account of the rent due by such tenant for the year in which the payment is made.
(2) Every landholder shall, immediately upon the receipt of any amount paid to him on account of rent of any land, furnish a written receipt for the same in such form and in such manner as may be prescribed.
(1) No sub-division or sub-letting of any land by a tenant and no assignment of any interest held by a tenant shall be valid.
(2) Notwithstanding anything contained in sub-section (1) it shall be lawful for tenant to be a member of a cooperative farming society, and as such member to sublet, assign, mortgage or create a charge on his interest in the land in favour of such society.
No interest of a tenant in any land held by him as a tenant shall be liable to be attached or sold in execution of a decree or order of a Civil Court.
(1) A tenant or an agricultural labourer or artisan entitled to possession of any land or dwelling house under any of the provisions of this Act may apply to the Tahsildar in writing in the prescribed form for such possession.
(2) No landholder shall obtain possession of any land or dwelling house held by a tenant except under an order of the Tahsildar, for which he shall apply in the prescribed form.
(3) On receipt of an application under sub-section (1) or sub-section (2) the Tahsildar shall, after holding an enquiry pass such order thereon as he deems fit.
(4) Any person taking possession of any land or dwelling house otherwise than in accordance with the provisions of sub-section (1) or sub-section (2), as the case may be, shall, without prejudice to his liability to the penalty provided i
Save as provided in sub-section (1) of Section 30, nothing contained in this Act shall be construed to limit or abridge the right or privileges of any tenant under any usage or law for the time being in force or arising out of any contract, grant, decree or order of a court or otherwise howsoever.
(1) a person shall, subject to the provisions of sub-sections (2) and (3), be deemed to be a Protected Tenant in respect of land if he
(a) has held such land as a tenant continuously--
(i) for a period of not less than six years, being a period wholly included in the Fasli years 1342 to 1352 (both years inclusive), or
(ii) for a period of not less than six years immediately preceding the 1st day of January, 1948, or
(iii) for a period of not less than six years commencing not earlier than the 1st day of the Fasli year 1353 (6th Oct., 1943), and completed before the commencement of this Act, and
(b) has cultivated such land personally during such period:
Prov
Section 34 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, provides the legal framework for identifying and protecting tenants who have certain rights over agricultural land. It plays a crucial role in safeguarding the interests of tenants, especially protected tenants, against unlawful eviction and transfer of land rights.
Section 34 primarily defines "Protected tenants" and sets out the circumstances under which a person is deemed to be a protected tenant. It includes provisions for the recognition of tenancy rights, protection from eviction, and the conditions under which tenancy rights can be terminated or deemed to exist.
Section 34 applies to landholders and tenants within the Telangana area covered by the Act. It aims to protect tenants from arbitrary eviction and transfer of rights, ensuring tenure security. It also clarifies the legal status of tenancy rights, especially in cases of joint holdings, surrender, or transfer. The section interacts with other provisions like Sections 36 and 37, which deal with recovery of possession and deemed protected tenants.
While Section 34 itself primarily defines protected tenants, violations such as unlawful eviction or transfer of tenancy rights can attract penalties under the Act, including recovery of possession, penalties for illegal transfer, or other legal consequences as prescribed under the Act and related laws.
Note: The references are based on the provided sources, summarized as per the instructions.
(1) If any question arises whether any person, and if so what person, is deemed under Section 34 to be a protected tenant in respect of any land, the landholder, or any person claiming to be so deemed, may, within one year from the commencement of this Act, apply in the prescribed form to the Tahsildar for the decision of the question and the Tahsildar shall, after enquiring into the claim or claims in the manner prescribed, declare what person is entitled to be deemed to be a protected tenant or, as the case may be, that no person is so entitled.
(2) A declaration by the Tahsildar that the person is deemed to be a protected tenant or, in the event of an appeal from the Tahsildars decision such declaration by the Collector on first appeal or by the Board of Revenue on second appeal, shall be conclusive that such person is a protected tenant and his rights as such shall be recorded
(1) a person deemed under Section 34 to be a protected tenant in respect of any land of which he is not in possession at the commencement of this Act shall, if he intimates to the landholder within six months of the said commencement that he is willing to hold the land on the terms and conditions on which he held it before he lost possession thereof, be entitled to recover possession thereof on the said terms and conditions from the 1st day of March, 1951.
(2) Sub-section (1) shall have effect notwithstanding that another person may be in possession of the land, whether under a lease which is not due to expire until after the first day of March, 1951, or otherwise, and where such other person is so in possession, he shall be liable, on an application made to the Tahsildar in accordance with Section 32, to be evicted on the said date.
(1) Every person who at the commencement of this Act holds as tenant any land in respect of which no person is deemed to be a protected tenant under Section 34, shall, on the expiration of one year from such commencement or, the final rejection of all claims by any other person to be deemed under Section 34 to be a protected tenant in respect of such land, whichever is later, be deemed to be a protected tenant in respect of such land unless the landholder has before such expiration or final rejection as aforesaid made an application in the prescribed form to the Tahsildar for a declaration that such person is not a protected tenant:
Provided that where the landholder is a minor or a person serving in the Naval, Military or Air Forces of India, he shall make the application for declaration before the expiry of one year from the date on which the minor attains majority, or the landh
(1) Notwithstanding anything contained in this Act, every person who at the commencement of the Hyderabad Tenancy and Agricultural Lands (Amendment) Act, 1955 holds as tenant any land in respect of which he is not deemed to be a protected tenant under this Act, shall be deemed to be a protected tenant if the total area of the land owned by the land holder including the land under the cultivation of his tenants is more than three times the area of a family holding for the local area concerned:
Provided that nothing in this section shall affect the rights of any other person who already holds a protected tenancy certificate in respect of such land or whose rights as protected tenant are under investigation before a competent authority, if such other person applies to the Tribunal for safeguarding his rights within a period of six months from the commencement of the Hyderabad Tenancy
(1) Notwithstanding anything to the contrary in any law, usage or contract, and subject to the provisions of sub-section (7), a protected tenant shall at any time after the commencement of the Hyderabad Tenancy and Agricultural Lands (Amendment) Act, 1954, be entitled to purchase the land-holders interest in the land held by the former as a protected tenant.
(2) A protected tenant who desires to exercise the right conferred by sub-section (1) shall make an offer to the land- holder stating the price which he is prepared to pay for the land-holders interest in the land up to fifteen times for dry lands or eight times for wet lands irrigated by wells and six times of wet lands irrigated by other sources, of the rent payable by him, and where he is not entitled to purchase the whole of the land, the portion thereof which he is not entitled to purchase.
If in respect of a land held by a protected tenant the landholder consents to sell his interest in the land to the protected tenant and the reasonable price payable therefor by the protected tenant is agreed to between them, the provisions of sub-section (7) of Section 38 shall not apply to such sale, and either the landholder or the protected tenant or both jointly, may apply to the Tribunal and thereupon all the provisions of sub-sections (5), (6) and (8) of that section shall apply mutatis mutandis to such application: Provided that the reasonable price so agreed to by the parties themselves shall be deemed to be the reasonable price determined by the Tribunal for the purposes of the said sub-section (5), (6) and (8);
Provided further that if the landholder does not sell the whole of the land held by him but retain some land with him, the extent of the land remaining with him a
If in respect of a land held by a protected tenant, the landholder concerned intends to relinquish his interest in the land without receiving any consideration therefor, the provisions of sub-section (7) of Section 38 shall not apply to such a case and the landholder may apply to the Tribunal and thereupon the Tribunal shall issue to such protected tenant a certificate so far as may be as provided for in sub-section (6) of Section 38:
Provided that the right of the protected tenant and the grant of the certificate shall be limited to the extent of the three family holdings in the local area concerned including the land, if any, owned by the protected tenant and that any excess over such extent shall vest in the Government free of all right of the said protected tenant:
Provided further that if the landholder does not relinquish the whol
(1) If a landholder does not hold land in excess of three family holdings, he may within two years from the date of receipt of a notice in writing from the protected tenant to sell the land to him under sub-section (1) of Section 38, terminate the tenancy of the said protected tenant in the manner and subject to limits specified in Section 44 or sell the land to him.
(2) If after the termination of the tenancy, the landholder does not within one year from the date on which he resumed possession of the land, cultivate the land personally or having commenced such cultivation discontinues the same within ten years from the said date, the protected tenant shall be entitled to restoration of possession of the land and its purchase in accordance with the provisions of Section 38.
(1) If the landholder at any time intends to sell the land held by the protected tenant, he shall give a notice in writing of his intention to such protected tenant and offer to sell the land to him. In case the protected tenant intends to purchase the land he shall intimate in writing his readiness to do so within six months, from the date of the receipt of such notice. If there is any dispute about the reasonable price payable by the protected tenant for the land, the provisions of sub-sections (3) to (8) of Section 38 shall apply mutatis mutandis.
(2) If the protected tenant does not exercise the right of purchase in response to the notice given to him by the landholder under sub-section (1) such protected tenant shall forfeit his right of purchase of the same and the landholder shall be entitled to sell such land to any other person. On such a purchase by another person; the pr
(1) Notwithstanding anything in this Chapter or any law for the time being in force or any custom, usage, judgement, decree, contract or grant to the contrary, the Government may, by notification in the Andhra Pradesh Gazette, declare in respect of any area and from such date as may be specified therein, that ownership of all lands held by protected tenants which they are entitled to purchase from their landholders in such area under any provisions of this Chapter shall, subject to the condition laid down in sub-section (7) of Section 38, stand transferred to and vest in the protected tenants holding them and from such date the protected tenants shall be deemed to be the full owners of such lands:
Provided that where in respect of any such land, any proceeding under Section 19 or Section 32 or Section 44 is pending on the date so notified, the transfer of ownership of such land sh
(1) Notwithstanding anything contained in this Act or in any other law and notwithstanding any agreement or usage, all or any of the persons holding lands as protected tenants in the same village may agree and may make an application to the Tahsildar in the prescribed form for exchange of their tenancies in respect of the lands held by them as protected tenants.
(2) On receipt of the application, the Tahsildar after giving notice to the landholders concerned and after making an inquiry, may sanction the exchange on such terms and conditions as may be prescribed and may issue certificate in the prescribed form to the applicants.
(3) The certificates so issued shall be conclusive of the fact of such exchange against the landholders and all persons interested in the lands exchanged.
(4) Each of t
(1) All rights of a protected tenant shall be heritable.
(2) If a protected tenant dies, his heir or heirs shall be entitled to hold the tenancy on the same terms and conditions on which such protected tenant was holding the land at the time of his death and such heirs may, notwithstanding anything contained in this Act, sub-divide inter se according to their shares the land comprised in the tenancy to which they have succeeded.
(3) If a protected tenant dies without leaving any heirs, all his rights shall be extinguished.
Explanation:- The following persons only shall be deemed to be the heirs of a protected tenant for the purposes of this section :-
(a) his legitimate lineal descendants by blood or adoption;
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(1) A protected tenant who has made an improvement on the land held by him shall, if his tenancy is terminated under the provisions of this Act, be entitled for such improvement to compensation the amount of which shall, on an application made by the tenant in the prescribed form, be determined by the Tribunal in accordance with the provisions of sub-section (2).
(2) The amount of compensation determined by the Tribunal shall be the value of the improvement at the time of the termination of the tenancy estimated with due regard to:--
(a) the amount by which the value of the land is increased by the improvement.
(b) the present condition of the improvement and the probable duration of its effect;
(c) the labour and capital provided or spent by the t
A protected tenant shall be entitled to erect a farmhouse on the land held by him as a protected tenant.
Notwithstanding anything in any law for the time being in force, or any custom, decree or contract to the contrary, it shall be lawful for a protected tenant to mortgage, or create a charge on, his interest in the land in favour of the Government, a Co-operative Society, including a Land Mortgage Bank, or any other institution, in consideration of a loan advanced to him by the Government, Co- operative Society or institution, as the case may be, under the relevant law relating to the grant of loans to agriculturists for the time being in force in the State; and without prejudice to any other remedy open to Government, Co-operative Society or institution, in the event of the protected tenant making a default in payment of such loan in accordance with the terms on which it was advanced, it shall be lawful for the Government, Co- operative Society or institution, as the case may be, to cause his interest in the land to be sold,
(1) Subject the provisions of sub-section (8) a landholder who, on the date on which the Hyderabad Tenancy and Agricultural Lands (Amendment) Act, 1954 comes into force, is not already cultivating personally an area equal to three times the family holding for the local area concerned and who in good faith requires land leased out to a protected tenant for cultivating personally may, notwithstanding anything contained in Section 19 of the Act, terminate the tenancy and resume such land or portion of such land that would, together with the land which he is already cultivating personally, either as owner or protected tenant, be equal to three times the family holding, by making an application in the manner prescribed to the Collector or any other officer whom the Government may from time to time authorise in this behalf:
Provided that after the commencement of the Hyderabad Tenancy a
(1) If upon the termination of a tenancy under Section 44 the landholder--
(a) does not within one year from the date on which he resumed possession of the land cultivate the same personally, or
(b) having commenced such cultivation, discontinues the same within ten years of the said date, he shall forthwith restore possession of the land to the tenant whose tenancy was terminated by him unless he has obtained from the tenant his refusal in writing to accept the tenancy on the terms and conditions prevailing before the termination of the tenancy or has offered in writing to give possession of the land to the tenant on the said terms and conditions and the tenant has failed to accept the offer within three months of the receipt thereof;
Provided that such refusal by the protected tenant to ac
If at any time the tenant makes an application to the Tahsildar and satisfies him that the landholder has failed to comply within a reasonable time with the provisions of Section 45, the protected tenant shall be entitled on a direction by the Tahsildar to obtain immediate possession of the land to such compensation as may be awarded by the Tahsildar for any loss caused to the tenant by his eviction and by the failure of the landholder to restore or give possession of the land to him as required by the said section.
(Omitted)
(Omitted)
(1)In the case of a permanent alienation or transfer by a protected tenant of any land in respect of which he has acquired the right of ownership under Section 38 or Section 38-D or Section 38-E at the reasonable price determined by the Tribunal and more than eight years have not elapsed since the date of such acquisition, the Tahsildar may take over the land on payment to the protected tenant as compensation a sum equivalent to the reasonable price so determined. Where any portion of the reasonable price still remains to be paid to the landholder whose interests were acquired by the protected tenant, such portion shall be paid to the landholder from the compensation payable under this section and the balance shall be paid to the protected tenant.
(2) The land so taken over shall vest in the Government free from all encumbrances and shall be under their management until it is dispo
(Omitted)
(Omitted)
(Omitted)
(1) Notwithstanding anything in this Chapter, where any alienation or other transfer of agricultural land took place--
(a) on or after the 10th June, 1950, but before the date of coming into force of the Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961 and where possession of such land was given to the alienee or transferee before such date of coming into force; and
(b) on or after the coming into force of the Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961, but before the date of the commencement of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands (Third Amendment) Act, 1969 and where possession of such land was given to the alienee or transferee before such commencement and such alienation or transfer is not inconsistent with the provisions of the Andhra Pradesh Ceiling on Agricultural Holdings Act
(1) Notwithstanding any law for the time being in force or any usage or custom or the terms of any contract or grant, if it appears to Government that for any two consecutive years including any period before the commencement of this Act any land has remained uncultivated through default either of the landholder or of the tenant, or that cultivation of any land has seriously suffered for any other cause whatsoever, or that any land capable of being used, if reclaimed or otherwise improved howsoever, has not been so reclaimed or otherwise improved, and cultivated or that any land is remaining as a pasture land in excess of the ordinary grazing requirements of the cattle of the persons entitled to graze cattle thereon, the Government may after such enquiry as may be prescribed declare by notification in the Official Gazette that the management of such land shall be assumed, and such declaration shall be conclusive.
&nb
During the period of management, that is to say, the period commencing with the publication of the notification under sub-section (1) of Section 51 and ending with the termination of management under Section 53, the following provisions shall have effect, namely :-
(a) (Omitted)
(b) all legal proceedings pending and all processes, executions or attachments in force in respect of debts and liabilities enforceable against the land shall be suspended and no fresh proceedings, processes, executions or attachments shall be instituted, issued, enforced or executed in respect thereof;
(c) the holder of the land shall be incompetent and the manager shall be competent--
(i) to enter into any contract with respect to the land,
&nb
(1) When in the opinion of Government it has become unnecessary to continue the management of the land, Government shall by notification in the Official Gazette terminate the management thereof.
(2) On the termination of management, the land (together with any balance of monies creditable to the landholder) shall be delivered to the landholder from whom the management was assumed or, if he is dead, to the person appearing to Government to be entitled to the land.
(3) All acts done by the manager during the period of management shall be binding on the landholder or other person to whom the land is delivered under sub-section (2).
(4) The period during which the institution of any proceedings has been prohibited by Clause (b) of Section 52 shall be excluded from the computation of the period of
(1) For the purposes of this Act generally and in particular for the administration of this Chapter, the Government may take a census of land holdings and details of cultivation in the prescribed manner.
(2) Any person who has any interest in agricultural lands, either as a landholder, mortgagee or tenant or otherwise, shall furnish fully and correctly any information that my be required of him for the purpose of the said census.
(1) With a view to bring the agricultural economy to a higher level of efficiency, the Government may, by rules, regulate standards of efficient cultivation and management.
(2) Such rules may provide for the issue of directions as regards the methods of agriculture to be adopted, the use of improved seeds, sale of surplus foodgrains, and for ensuring proper wages and terms of employment of agricultural workers, maintenance of regular and accurate accounts in respect of cultivation, and such other directions as may be necessary or desirable for the efficient utilisation of lands.
(3) Such rules shall apply to agriculturists who cultivate personally land equal to three times the family holding or more.
(4) The Government may lower the extent of the holding to which such rules shall apply.
(1) Notwithstanding any law for the time being in force or any usage or custom or the terms of any contract or grant to the contrary, the Government or any officer or authority authorised by the Government may, for a public purpose, from, such date as may be notified in the Official Gazette and subject to the provisions of sub-section (7) as to the payment of compensation, assume the management of so much of the land held by a landholder and not in the occupation of tenants, as is in excess of four and a half times the family holding for the local area concerned unless in the opinion of the Government or such officer or authority, it is so efficiently cultivated and managed according to the standards prescribed under Section 53-B that a break-up will lead to a fall in production.
Explanation I :- For the purposes of this sub-section the standard of efficient cultivation and manage
The Government may appoint a Village Panchayat or a Co-operative Farming Society as manager for the purpose of this chapter.
Section 54(D) of the Andhra Pradesh Telangana Area Tenancy and Agricultural Lands Act, 1950, forms part of the statutory framework governing the rights, restrictions, and procedures relating to protected tenants and the alienation of agricultural lands within the Telangana area. This section addresses specific provisions related to the transfer, surrender, and rights of protected tenants, as well as the jurisdiction of authorities and the legal effects of such transactions.
While the exact wording of Section 54(D) is not provided in the sources, it generally pertains to the procedural and substantive aspects of protected tenancy rights, including the validity of transfers, the requirement of prior sanction, and the legal consequences of unauthorized alienations or surrender of tenancy rights. It also clarifies the jurisdiction of revenue authorities and courts in disputes involving protected tenants and the effect of certificates issued under the Act.
The section applies to:- Transactions involving protected tenants under the Act.- Situations where land is alienated, surrendered, or transferred without complying with statutory procedures.- Disputes regarding the validity of such transactions.- Cases involving the jurisdiction of revenue authorities and courts in enforcement or adjudication of tenancy rights.- The section aims to prevent illegal alienations and protect the interests of protected tenants, ensuring that any transfer is valid only if made in accordance with law.
While the sources do not specify explicit penal provisions under Section 54(D), violations generally attract:- Declaring the transfer or surrender null and void.- Possible recovery of land or possession.- Imposition of penalties under relevant sections of the Act for illegal alienation or breach of statutory procedures.- In some cases, civil remedies such as injunctions or specific performance may be barred if the transaction contravenes the provisions.
Note: The precise language of Section 54(D) is not provided in the sources, but the analysis is based on the general principles and related provisions of the Andhra Pradesh Telangana Area Tenancy and Agricultural Lands Act, 1950.
In leasing out the lands where management is assumed under Section 51 or Section 53-C, preference shall be given in the following order-- Co-operative Farming Societies, agricultural workers working on the said lands, landholders or tenants who cultivate personally less than a family holding, and other landless persons residing in the village.
(1) Any person to whom lands over which management is assumed under Section 51 or Section 53-C are leased shall be entitled to purchase such lands, subject to the provisions of sub-section (2), on the same terms as protected tenants are entitled to do under Section 38: Provided that the extent of land left to a landholder shall not be less than three times the area of a family holding for the local area concerned.
(2) The reasonable price payable by the person to the landholder under sub-section (1) shall not exceed twenty times the recurring payment payable as compensation under sub-section (7) of Section 53-C for dry lands twelve times in the case of wet lands irrigated by wells and nine times in the case of wet lands irrigated by other sources of such recurring payment but shall in no case exceed the market value of the land in the locality.
(1) Notwithstanding anything contained in this Chapter or any law for the time being in force or any custom, usage, decree, contract or grant to the contrary, the Government may acquire the lands, the management of which it can assume under the provisions of Section 53-C subject to the payment of the reasonable price payable under the provisions of sub-section (2) of Section 53-F as compensation.
(2) The Government may issue bonds on such terms as may be prescribed in payment of the whole or part of the compensation payable under the provisions of sub-section (1).
(3) The Government shall distribute the lands so acquired in the order laid down in Section 53-E and may collect the price of the land so distributed at such rates as may be prescribed in a lumpsum, or in instalments from the persons to whom the lands are distributed.
The provisions of this Chapter or any section or sections thereof, shall apply to such local area or areas as the Government may, from time to time, by notification in the Official Gazette specify.
No land shall be permanently alienated, leased or sub-divided so as to create a fragment and every permanent alienation, lease or sub-division contrary to this provision shall be void.
(1) Where by transfer, decree, succession or otherwise, two or more persons are entitled to shares in an undivided property, and such property has to be divided among them, such partition shall be effected so as not to create a fragment and subject to provisions of sub-section (2) every partition effected contrary to this provisions shall be void.
(2) Where such sub-division or partition in made by the Court or the Collector, the following procedure shall be adopted :-
(a) If, in effecting a partition of property among several co-sharers it is found that a co-sharer is entitled to a specific share in the land and cannot be given that share without creating a fragment, he shall be compensated in money for the fragment.
(b) If, in effecting a partition, it is found that there is not enough land
Government may of its own motion or on application made in this behalf by two-thirds of the total number of landholders and protected tenants of a village or contiguous villages holding between them not less than half the area comprised in all the plots in the village or contiguous villages declare by a notification in the Official Gazette and by publication in the prescribed manner in the village or villages concerned its intention to make a scheme for consolidation of the holdings in such village or villages or parts hereof as may be specified.
The Deputy Collector shall be the Consolidation Officer for the area under his jurisdiction, provided the Government may appoint any other person as Consolidation Officer for any local area.
The Consolidation Officer shall, after such inquiry as he thinks fit, prepare a draft scheme for the consolidation of holdings in the village or villages, publish it in the prescribed manner, hear objections thereto and make such modifications in his scheme as he may think fit. Thereupon he shall submit his final draft scheme to the Collector for confirmation.
If, in the redistribution of lands in any scheme any person is allotted land of less market value than his original holding, the Consolidation Officer may provide in the scheme for payment to him of compensation for such deficiency. He may also fix the assessment including water rate, if any, payable in respect of each reconstituted holding.
(1) The draft scheme submitted by the Consolidation Officer to the Collector shall be published in the prescribed manner in the village or villages concerned.
(2) Within thirty days of such publication, any person likely to be affected by such scheme may present to the Collector, his objections, if any, to the scheme.
(3) The Collector shall consider all the objections received by him and shall after such further enquiry, if any, as he may think fit, either confirm with or without modifications or refuse to confirm it.
(1) The final schemes as confirmed by the Collector shall be published in the Official Gazette and also in such other manner as may be prescribed, and such scheme shall take effect from the beginning of the next year, following such publication and be binding on all the landholders and tenants in the village.
(2) The landholders and tenants affected by the scheme shall, with effect from such date, be entitled to, and to take possession of, the respective holdings allotted to them in the redistribution.
(3) The Consolidation Officer shall, if necessary by warrant put them in possession of the holding to which they have become entitled: Provided that no landholder or tenant shall be entitled to possession of a holding allotted to him in the redistribution unless he has previously deposited in the prescribed manner the compensation, if any,
The Consolidation Officer shall grant to every landholder to whom a holding has been allotted in pursuance of a scheme of consolidation, a certificate in the prescribed form duly registered under the Indian Registration Act, 1908, and no further instrument shall be necessary to effect any transfer involved in the scheme of consolidation.
Subject to any general or special order of the Government in this behalf, the cost of carrying out the scheme of consolidation shall be assessed in the prescribed manner and be recoverable from the landholders and tenants whose lands are affected thereby, in such proportion as may be fixed by the Consolidation Officer.
(1) Every person to whom a holding has been allotted in pursuance of a scheme of consolidation shall have the same rights in such holding as he had in his original holding.
(2) If the original holding of any person included in a scheme of consolidation was burdened with a lease, mortgage or other encumbrance such lease, mortgage, or other encumbrance shall be transferred therefrom and attach itself to the holding allotted to him under the scheme or to such part of it as the Consolidation Officer may determine and the lessee, mortgagee or other encumbrancer, as the case may be, shall exercise his rights accordingly.
(3) If the holding to which a lease, mortgage or other encumbrance is transferred under sub-section (2) is of less market value than the original holding from which it is transferred, the lessee, mortgagee or other encumbrance
During the pendency of the consolidation proceeding under this Chapter, all proceedings judicial or otherwise for partition of lands in the area concerned and all proceedings for transfer of registry in the revenue accounts shall be stayed.
Any ten or more persons of a village or two or more contiguous villages holding between them, either as landholders or protected tenants, rights in and possession over 50 acres or more in such village or contiguous villages and desiring to start a Co-operative Farm comprising the land so held and possessed by them may apply in writing in the prescribed form to the Registrar appointed under the Andhra Pradesh (Telangana Area) Co-operative Societies Act, 1952 (hereinafter referred to as the Registrar) for the registration thereof.
An application for the registration of a Co-operative Farm shall be accompanied by extracts from the Record of Rights or other records showing the total area with the Survey Numbers of all the fields held by each of the applicants in the village or contiguous villages and shall contain such further particulars as may be prescribed.
(1) After making such enquiry as may be prescribed the Registrar shall, unless he is satisfied that it is not in the best interest of all concerned to do so, register the Co-operative Farm under the Andhra Pradesh (Telangana Area) Co-operative Societies Act, 1952 and grant a certificate of registration.
(2) The Registrar shall cause a copy of the certificate to be forwarded to the Collector for such action as may be prescribed.
When a Co-operative Farm has been registered under Section 68, all lands in the village or contiguous villages held by a member, shall, for so long as the registration of the Co-operative Farm is not cancelled, be deemed to be transferred to and held by the Co-operative Farm, which shall thereupon hold such land and may use it for agricultural purposes or for the purposes of the development of Cottage Industries.
If not less than two-thirds of the total number of landholders holding rights in holdings below the family holdings in a village or contiguous villages and holding between them not less than two-thirds of the aggregate area comprised in all such holdings below the family holdings in the village or contiguous villages, apply jointly to the Collector in the prescribed form for the establishment of Co-operative Farm, the Collector shall, by notice require all the landholders holding the remainder of such holdings below the family holdings in the village or contiguous villages to show cause why a Co-operative Farm comprising all the lands included in all the holdings below the family holdings in the village or contiguous villages be not established and instituted.
The Collector shall in accordance with the prescribed procedure hear the objection or objections of the landholders who may desire to be heard, and after hearing them he shall, unless he is satisfied that it is not in the best interests of the persons affected, or that a Co-operative Farm consisting of all the lands comprised in the holdings below the family holding in the village or contiguous villages be established.
Notice of an order passed under Section 71 directing a Co-operative Farm to be established shall be served on every person affected and shall be proclaimed in the village or contiguous villages in the prescribed manner.
(1) The Collector shall cause a copy of any order passed under Section 71 or an appeal under Section 90 from an order so passed directing that a Co-operative Farm be established, to be forwarded to the Registrar, who shall thereupon register the farm under the Andhra Pradesh (Telangana Area) Co-operative Societies Act, 1955 and shall grant a certificate of registration.
(2) The Registrar shall cause a copy of the certificate to be forwarded to the Collector for such action as may be prescribed.
When a Co-operative Farm has been registered under Section 73, all lands comprised in the holdings below the family holding in the village or contiguous villages held by any landholders shall, for so long as the registration of the Co-operative Farm is not cancelled, be deemed to be transferred to and held by the Co-operative Farm which shall thereupon hold such land for the purposes of agriculture or for the development of Cottage Industries.
Where any landholder, who holds a holding below the family holding in a village or contiguous village in which a Co-operative Farm has been registered is unwilling to join the Farm, he shall on an application made to the Collector in that behalf within three months of the grant of the certificate of registration, be entitled to be paid such compensation on such principles and in such manner as may be prescribed for his interests in the land mentioned in Section 74 and thereupon all his interests in such land shall stand transferred to and be vested in the Co-operative Farm and shall cease to be a member of the Farm.
When a certificate of registration in respect of any Co-operative Farm has been granted under Section 68 or 73, the provisions of the Andhra Pradesh (Telangana Area) Co-operative Societies Act, 1952 shall, so far as they are not inconsistent with the provisions of this Act or of the rules made thereunder, be applicable thereto.
Every application under Section 67 or 70 shall be accompanied by a copy of the proposed bye-laws of the Co-operative Farm and such bye-laws shall be deemed to be the bye-laws required to be filled under the provisions of the Andhra Pradesh (Telangana Area) Co-operative Societies Act, 1952.
The Registrar may at any time on an application made by a majority of the members of a Co-operative Farm, or on his own motion after giving notice to the farm in such manner as may be prescribed, amend the bye-laws.
Nothing in this chapter shall be deemed to cause the interest of a landholder in land contributed by or on his behalf to a Co-operative farm to cease to vest in him.
Every member of a Co-operative Farm shall be entitled to such rights and privileges, be subject to such obligations and liabilities, and be bound to discharge such duties as may be prescribed.
Subject to such exceptions as may be prescribed every member shall be bound to contribute to the Co-operative Farm to the extent and in the manner prescribed--
(i) funds,
(ii) personal labour,
(iii) agricultural implements, agricultural stock and such other articles as may be prescribed.
A Co-operative Farm shall, as from the date on which it is constituted, be liable for the payment of all the land revenue, cesses and local rates payable by the landholder in respect of the land held by it under Section 69 or 74.
Any person who is resident of the village or Contiguous village in which a Co-operative Farm is situate may be admitted as a member thereof upon such terms and conditions as may be prescribed.
When a member whose land is held by a Co-operative Farm, dies, his heirs shall become members of the Co-operative Farm.
(1) Government may upon an application made in that behalf by a Co-operative Farm, advance loans to the Farm to such extent and in such manner as may be prescribed for the purpose of payment of compensation under Section 75.
(2) Any loan advanced under sub-section (1) shall be repaid in such manner and in such instalments as may be prescribed and, notwithstanding anything contained in any law for the time being in force, it shall be the first charge on all the lands for the time being comprised in the Farm.
(1) A Co-operative Farm shall be entitled to such concessions and facilities as may be prescribed.
(2) Without prejudice to the generality of the foregoing provision the prescribed concessions and facilities may include--
(a) reduction of land revenue;
(b) reduction of or exemption from agricultural income tax;
(c) free technical advice from experts employed by the Government;
(d) financial aid and grant of subsidies and loans with or without interest; and
(e) priority in irrigation from State Irrigation Works.
(1) The Government may, by notification in the Official Gazette constitute an Agricultural Lands Tribunal for any area specified in the notification.
(2) Every Tribunal constituted under sub-section (1) shall consist of three or more members, one or whom shall be appointed in the notification constituting the Tribunal to be the President of the Tribunal.
(3) One at least of the members of every Tribunal constituted under sub-section (1) shall be a person who has for a period of not less than three years held judicial office not lower in rank than that of Munsiff, or if no such person is available, a person who has for a like period held a land revenue office not lower in rank than that of a Tahsildar.
(4) In any area for which a Tribunal has not been constituted under sub-section (1), all the
(1) The Government shall establish a Commission to be called the Land Commission which shall consist of not more than seven persons of whom--
(a) three shall be elected by the Legislative Assembly in the prescribed manner;
(b) one shall be an official nominated by the Government; and
(c) the rest shall be nominated by the Government from among persons having special knowledge or practical experience in agriculture or land problems.
(2) The members of the said Commission shall hold office for a term of two years, the Government may extend the term for such period not exceeding one year as it may consider necessary.
(3) The Government shall nominate one of the members as the Chairman.
(1) The Tahsildar, the Tribunal and the Collector shall, in addition to exercising the powers and discharging the duties conferred upon them by any provision of this Act, perform such other functions in relation to this Act as may be prescribed and shall decide such other questions as may be referred to them by Government.
(2) The Government may by notification in the Official Gazette vest in any other officer or authority such as a village Panchayat or a Co-operative Farming Society any of the powers or duties conferred by or under this Act on the Tahsildar, the Deputy Collector or the Collector.
Section 88 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, deals with the functions and powers of the Tahsildar, Tribunal, and Collector concerning land management, including exemptions, registration, and other administrative functions related to protected tenants and land alienation. Over the years, various amendments, judicial pronouncements, and rules have shaped its interpretation, especially in the context of land transfers, alienations, and protections for tenants.
Section 88 enumerates the additional functions of the Tahsildar, Tribunal, and Collector, including:- Making village records and settlement records.- Exercising powers under the Act for land management.- Vesting powers in local bodies or societies.- Issuing certificates, registering transfers, and performing related administrative duties.- Facilitating the enforcement of provisions concerning protected tenants, alienations, and land rights.
Section 88 itself does not specify penalties or punishments. Instead, it delineates functions and powers. Violations or illegal exercise of these powers may attract penalties under other provisions of the Act or related laws, such as illegal land alienations, unauthorized transfers, or abuse of authority, which can lead to criminal or civil proceedings.
Ultra vires Notification - The validity of notifications issued under Section 88 has been challenged, and courts have held that such notifications must be within the authority conferred by the Act [Kodumori Venkateswara Rao VS Jasti Venkateswara Rao].
Delegation of Powers - Delegation of powers to revenue officers like Tahsildar or Deputy Collector under Section 88 must be strictly within the scope of the Act; unauthorized delegation is invalid [Kodumori Venkateswara Rao VS Jasti Venkateswara Rao].
Amendments and Judicial Scrutiny - Amendments to Sections 88, 97, and related rules have been examined by courts for their constitutional validity, especially concerning delegation and procedural provisions [Kodumori Venkateswara Rao VS Jasti Venkateswara Rao].
Finality of Certificates - Certificates issued under powers conferred by Section 88, such as ownership or protected tenant certificates, are deemed final and conclusive, barring re-opening except by proper proceedings [Kodumori Venkateswara Rao VS Jasti Venkateswara Rao], [Allan Sarvaiah VS Joint Collector, Rangareddy Dist. ].
Jurisdictional Limits - Civil courts are generally barred from entertaining suits that seek to challenge orders or certificates issued under Section 88, as the Act provides for exclusive jurisdiction to revenue authorities and tribunals [G. CHENNAIAH VS State OF A. P. , REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT], [P. V. PRATAP REDDY VS REVENUE DIVISIONAL OFFICER, NIRMAL, ADILABAD DISTRICT].
Procedural Validity - Orders passed by Tahsildar or Tribunal under Section 88, including registration and issuance of certificates, are subject to procedural rules, and violations can render such orders invalid [Kodumori Venkateswara Rao VS Jasti Venkateswara Rao].
Amendments Impact - The 1969 and 1979 amendments clarified the scope of powers but also clarified that certain functions are procedural, while others are substantive, affecting their retrospective applicability [Commercial and Industrial Finance Ltd. , represented by its Director, Mahesh Chand VS Jeelani Begum].
Protection of Tenants - Powers under Section 88 facilitate protection and recognition of protected tenants, including issuance of certificates of occupancy and ownership, which are held to be final and binding [Allan Sarvaiah VS Joint Collector, Rangareddy Dist. ], [Mallapally Chandramma VS State OF A. P. represented by Tahsildar, Kalwakurthy].
Nullity of Unauthorized Actions - Actions taken beyond the scope of powers conferred under Section 88, such as unauthorized amendments or issuing certificates without jurisdiction, are invalid and can be set aside by courts [Kodumori Venkateswara Rao VS Jasti Venkateswara Rao].
Role in Land Alienation and Transfer - Section 88 functions are instrumental in regulating land alienation, ensuring prior sanction and proper registration, with violations leading to invalid transfers [S. Narayana Reddy VS Collector, Nizamabad].
Amendment and Validity of Rules - Rules framed under powers conferred by Section 88, such as the Hyderabad Tenancy Records (Correction) Rules, 1956, require proper exercise of jurisdiction; otherwise, they are liable to be invalidated [Allan Sarvaiah VS Joint Collector, Rangareddy Dist. ].
Constitutional Validity - Certain provisions under Section 88 and related amendments have faced constitutional challenges, especially regarding delegation of powers, but courts have upheld their validity when within the scope of the Act [Commercial and Industrial Finance Ltd. , represented by its Director, Mahesh Chand VS Jeelani Begum].
Prohibition of Unauthorized Alienation - Powers under Section 88 support enforcement of restrictions on alienation, including prohibiting transfers without prior sanction, thus preventing illegal land dealings [S. Narayana Reddy VS Collector, Nizamabad].
Finality and Conclusiveness - Orders and certificates issued under Section 88 are generally conclusive, and courts have emphasized that such certificates cannot be challenged collaterally or reopened without proper proceedings [Kodumori Venkateswara Rao VS Jasti Venkateswara Rao].
Scope of Judicial Review - While Section 88 grants administrative powers, courts have held that judicial review is limited to procedural legality, and substantive correctness of certificates or orders is within the jurisdiction of revenue authorities [P. V. PRATAP REDDY VS REVENUE DIVISIONAL OFFICER, NIRMAL, ADILABAD DISTRICT].
Amendments and Retrospective Effect - Amendments to Section 88 and related rules have been interpreted to be prospective unless explicitly stated otherwise, preserving the validity of past actions under prior law [Commercial and Industrial Finance Ltd. , represented by its Director, Mahesh Chand VS Jeelani Begum].
Protection of Land Rights - Powers conferred under Section 88 are crucial in protecting tenant rights, regulating land transfers, and preventing illegal alienations, especially in the context of land reforms [Mallapally Chandramma VS State OF A. P. represented by Tahsildar, Kalwakurthy].
Legal Validity of Orders - Orders passed under Section 88 without proper jurisdiction or contrary to procedural rules are liable to be quashed or set aside by courts [Kodumori Venkateswara Rao VS Jasti Venkateswara Rao].
Section 88 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, plays a pivotal role in land administration, particularly in issuing certificates, registering transfers, and exercising powers for land management in the Telangana region. Judicial pronouncements have emphasized that these powers must be exercised within statutory bounds, with proper adherence to procedural safeguards. Unauthorized or ultra vires actions, especially regarding delegation and notifications, are liable to be invalidated, ensuring the protection of tenants' rights and the integrity of land records.
Note: This commentary synthesizes judicial rulings, amendments, and procedural rules as reflected in the provided sources, highlighting the scope, limitations, and judicial interpretation of Section 88.
(1) The provisions of Sections 149 and 150 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F. shall apply to the recording of evidence and of decisions at inquiries held under this Act.
(2) For the purposes of any such inquiry the Tahsildar, Tribunal and Collector may exercise all or any of the powers conferred on Civil Court by the Code of Civil Procedure, 1908 including the power to award costs.
(1) From every order other than an interim order passed by the Tahsildar or the Deputy Collector or the Tribunal under this Act, an appeal shall lie to the Collector and the orders of the Collector on such appeal shall be final.
(2) From every original order other than an interim order passed by the Collector, an appeal shall lie to the Board of Revenue and the order of the Board of Revenue on such appeal shall be final.
(3) There shall be no appeal from any interim order passed by the Tahsildar or Deputy Collector or Tribunal or Collector in any case, but an application for revision on the grounds mentioned in Section 91 shall lie from an interim order passed by the Tahsildar or Deputy Collector to the Collector.
The Collector may on his own motion or on an application made in this behalf by any part to the proceedings, after due notice to the parties by an order in writing:-
(a) transfer any proceeding or an appeal under this Act pending before a Tahsildar or any other officer subordinate to him to any other officer in the district empowered in this behalf by the Government and the officer to whom the proceeding or appeal is so transferred shall thereupon exercise jurisdiction under this Act in any such proceeding or appeal; or
(b) withdraw any proceeding or appeal from such officer and himself hear and decide the same or transfer it for disposal to some other officer in the district empowered in this behalf by the Government.
Notwithstanding anything contained in this Act or any other law for the time being in force, an application for revision shall lie to the High Court from any final order passed on appeal by the Collector or Board of Revenue on the following grounds :-
(a) that the original or appellate authority exercised a jurisdiction not vested in it by law; or
(b) that the original or appellate authority failed to exercise a jurisdiction so vested; or
(c) in following the procedure or passing the order, the original or appellate authority acted illegally or with material irregularity.
An authority exercising appellate or revisional jurisdiction under this Act shall pass such order consistent with this Act, whether by way of confirmation, recession or modification of the order under appeal or revision, as appears to it to be just, and shall have the powers conferred on the original authority by sub-section (2) of Section 89.
Every appeal and every application for revision under this Act shall be filed within sixty days from the date of the order against which the appeal or application is filed and the provisions of Section 5 and Section 12 to 24 of the Limitation Act, 1963 shall apply for the purpose of extension and computation of the said period.
When an original, appellate or revisional order under this Act involves the payment of money by any person, the money shall be recoverable from such person as if it was an arrear of land revenue and where such order involves the putting of any person in possession of land it shall be executed in the prescribed manner.
Notwithstanding anything contained in the Hyderabad Court Fees Act (VI of 1324 F.) every original application, every appeal and every application for revision filed under this Act shall bear a court fee stamp of such value as may be prescribed.
(1) Whoever contravenes any provision of any of the sections or sub-sections mentioned in the first column of the following table shall, on conviction for such contravention, be punishable with fine which may extend to the amount mentioned in that behalf in the third column of the said table.
Explanation :- The entries in the second column of the said table headed "Subject" are not intended to be definitions of the offences described in the section or sub-sections mentioned in the first column, or even as abstracts of those sections and sub-sections, but are inserted merely as a reference to the subject matter of the sections or sub-sections, the numbers of which are given in the first column.
Section, sub-section
or clause
Subject Fine which may
Whoever contraves any provision of this Act for which no penalty has been otherwise provided therein shall be punishable with fine not exceeding Rs.500.
(1) Government may by notification in the Official Gazette make rules carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
(a) the admission resignation and expulsion of members of Co- operative Farms registered under Chapter VIII;
(b) the consequences of such resignation or expulsion and the satisfaction of the claims of the member resigning or expelled as respects land, funds, agricultural stocks and implements, contributed by him to such co-operative Farms;
(c) the remuneration and wages to be paid to members working on such Co-operative Farms;
(d) the payment o
Any person unauthorisedly occupying or wrongfully in possession of any land--
(a) the transfer of which either by the act of parties or by the operation of law in invalid under the provisions of this Act, or
(b) the management of which has been assumed under the said provisions, or
(c) to the use and occupation of which he is not entitled under the said provisions, may, if the said provisions do not provide for the eviction of such person, be summarily evicted by the Collector.
(1) Save as provided in this Act no Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Tahsildar, Tribunal or Collector or by the Board of Revenue or Government.
(2) No order of the Tahsildar, Tribunal or Collector or of the Board of Revenue or Government made under this Act, shall be questioned in any Civil or Criminal Court.
Government shall have the same authority and control over Tahsildars, Collectors and the Board of Revenue acting under this Act as they have and exercise over them in the general land revenue administration.
The Government may by notification in the Official Gazette delegate to the Board of Revenue all or any of the powers conferred on Government by or under this Act subject to such conditions as may be specified in the notification.
No suit or other proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act.
Nothing in this Act shall apply--
(a) to lands leased, granted, alienated or acquired in favour of or by this Central Government or the State Government a local authority or a Co-operative Society: Provided that nothing in this clause shall apply to Inams, lands dealt with under Chapter VI and to such other lands as may be prescribed;
(b) to lands held on lease with the permission of the Collector for the benefit of an industrial and commercial undertaking;
(c) to service Inam lands;
(d) to Inams held by religious or charitable institutions; or
(e) to any area which Government may, from time to time, by notification in the Official Gazette specify as being reserved for urban, non-agricultural or industri
(1) The Prevention of Agricultural Land Alienation Act, (III of 1349F) and the Hyderabad Assami Shikmis Act, (I of 1354F) are hereby repealed:
Provided that any appointment, rule, order, notification or proclamation made or issued, any lease, right or liability granted, fixed, acquired or incurred, and any other thing done under either of the Acts repealed hereby shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been respectively made, issued, granted, fixed, acquired, incurred or done under this Act and shall continue in force until it is superseded thereunder:
Provided further that the repeal of the said Acts, shall not affect--
(a) the previous operation of the Acts repealed hereby or anything done or suffered thereunder;
&n
This Act and any rule order or notification made or issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other enactment with respect to matters enumerated in List II in the Seventh Schedule to the Constitution of India or in any instrument having effect by virtue of any such other enactment.
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