S.1 Short title, extent and commencement

       (1) This Act may be called the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.
       (2) It extends to the whole of the State of Andhra Pradesh.
       (3) It shall be deemed to have come into force on the 21st January, 1977.
       

S.2 Definitions

       In this Act, unless the context otherwise requires,

S.3 Prohibition of transfer of assigned lands

       (1) Where, before or after the commencement of this Act, any land has been assigned by the Government to a landless poor person for purposes of cultivation or as a house site, then, notwithstanding anything to the contrary in any other law for the time being in force or in the deed of transfer or other document relating to such land, it shall not be transferred and shall be deemed never to have been transferred ; and accordingly no right or title in such assigned land shall vest in any person acquiring the land by such transfer.
       (2) No landless poor person shall transfer any assigned land, and no person shall acquire any assigned land, either by purchase, gift, lease, mortgage, exchange or otherwise.
       (3) Any transfer or acquisition made in contravention of the provisions of sub section (1) or sub section (2) shall be deemed to be null an

S.4 Consequence of breach of provisions of section 3

       (3) Any person who unauthorisedly re-enters and occupies any land from which he was evicted under this section, shall be punished with imprisonment for a term which may extend upto six months or with fine upto rupees five thousand or with both.
       (4) *[Any order passed in revision under Section 4 B, and subject to such order, the decision in appeal under section 4 A and subject to the said orders in revision and appeal any order passed under sub section (1)] shall be final and shall not be questioned in any court of law and no injunction shall be granted by any court in respect of any proceeding taken or about to be taken by any officer or authority or Government in pursuance of any power conferred by or under this Act.
       (5) For the purposes of this section, where any assigned land is in possession of a person, other than the original assig

Legal Commentary on Section 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977

Introduction

Section 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, provides the statutory mechanism for the resumption of assigned lands when there is a breach of conditions of alienation, particularly prohibition on transfer. This section forms the core enforcement tool for the government to ensure the sanctity of land assignments made to landless poor persons, preventing unauthorized alienation and ensuring public purpose is served.

What does Section 4 Say?

Section 4 empowers the competent authority, primarily the District Collector or authorized officer, to take possession of assigned land upon satisfying that there has been a contravention of the conditions of assignment, especially the prohibition on transfer. It also prescribes the procedure for eviction and restoration or reallocation of the land to eligible persons, subject to certain conditions and limitations.

Essential Ingredients

• Contravention of Conditions: The section applies when there is a breach of the conditions of assignment, notably the prohibition on transfer.
• Jurisdiction of Authority: The action must be initiated by the District Collector or an authorized officer, after establishing jurisdictional facts.
• Procedure for Resumption: The authority must issue a show-cause notice (Form-II), conduct an enquiry, and pass an order based on the facts.
• Eviction and Restoration: The land can be evicted from the person in possession and either restored to the original landless poor or reassigned.
• Limitations: The land shall not be resumed more than once from the same person or legal heir unless further breaches occur.

Scope of Section 4

Section 4 is limited to cases where there is a breach of conditions of alienation, particularly transfer restrictions. It does not extend to other disputes over land ownership or rights unless such breaches are established. The section is intended as a remedial measure for enforcement of the prohibition on transfer, ensuring land remains with landless poor persons or is used for public purposes if resumed.

Punishment for Violations

While Section 4 itself primarily deals with resumption and recovery of land, violations of the Act, including illegal transfer or re-entry into land after eviction, attract penal provisions under other sections, such as imprisonment or fine, as per the Act or related laws.

Legal Comments (Summary with References)

• Jurisdictional Requirement - The authority must establish jurisdictional facts before proceedings under Section 4; otherwise, the action is void. The court in [N. Malleswar Rao VS Prl. Secretary, Revenue Dept. , Hyd] emphasized the necessity of establishing jurisdictional facts before proceeding with land resumption.
• Natural Justice - Principles of natural justice, including the right to a hearing, are fundamental before initiating proceedings under Section 4. The court reiterated this in [N. Malleswar Rao VS Prl. Secretary, Revenue Dept. , Hyd], holding that a show-cause notice must be issued and a hearing granted.
• Scope Limitation - Section 4 is confined to breach of conditions of alienation; it cannot be invoked for other disputes such as ownership or title issues unrelated to transfer violations [D. Gangadhar VS Chakkara Reddy].
• Retrospective Operation - The Act, including Section 4, is retrospective, covering transfers made prior to the enactment and thereafter, as clarified in [D. Gangadhar VS Chakkara Reddy].
• Procedure for Notice - Notices under Form-II must be served on both the transferor and transferee, as per Rule 3 of the 2007 Rules, to satisfy procedural fairness. The failure to serve proper notices renders proceedings vulnerable to challenge [Palle Gangi Reddy VS The District Collector, Kadapa].
• Requirement of Enquiry - An enquiry must be conducted prior to passing orders under Section 4, including verification of jurisdictional facts and the nature of land. The Supreme Court in [D. Umarani VS District Collector, Karimnagar] held that such enquiry is a mandatory condition.
• Order Validity and Finality - Resumption orders become final if not challenged within the prescribed period. The court in [Ahmed Awad Bakhrayaba VS Government of Andhra Pradesh, Represented by its Secretary, Revenue Department Secretariat, Hyderabad] held that finality attaches to proceedings not contested timely.
• Limits on Resumption - The Act restricts resumption to once from the same person or legal heir, unless further breaches occur, to prevent arbitrary deprivation [Rajamma VS District Collector, Chittoor].
• Compensation and Fairness - The Act does not require compensation for resumption unless explicitly provided; however, the procedure must be fair and transparent, respecting principles of natural justice [Rajamma VS District Collector, Chittoor].
• Role of Revenue Records - The correctness of revenue records is crucial; reliance solely on reports or enquiries without proper verification of ownership or assignment details can invalidate proceedings [Sudalagunta Sugars Limited VS joint Collector, Chittoor].
• Involvement of Civil Courts - Proceedings under Section 4 are administrative, but affected persons can seek civil remedies for wrongful eviction or deprivation, as clarified in [Sudalagunta Sugars Limited VS joint Collector, Chittoor].
• Enforcement of Conditions - The breach of transfer restrictions under the Act triggers proceedings under Section 4; mere violation of other legal rights does not invoke this section [Palle Gangi Reddy VS The District Collector, Kadapa].
• Limitations on Resumption - The Act restricts resumption to cases where the breach is established, and the authority must follow due process, including issuing notices and conducting enquiry [Rajamma VS District Collector, Chittoor].
• Order of Resumption and Natural Justice - Orders passed without affording a fair opportunity violate constitutional principles and are liable to be set aside [Sudalagunta Sugars Limited VS joint Collector, Chittoor].
• Legal Remedies - Affected persons can challenge proceedings under Section 4 in writ petitions, especially where procedural violations or jurisdictional errors are involved [N. Malleswar Rao VS Prl. Secretary, Revenue Dept. , Hyd].

Conclusion

Section 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, is a vital statutory provision aimed at preventing unauthorized transfer of lands assigned to landless poor persons. Its operation is confined to breaches of transfer restrictions, requiring strict adherence to procedural fairness, jurisdictional competence, and verification of facts. Judicial precedents underscore the importance of natural justice, proper notice, and limited scope, ensuring that the power exercised under Section 4 is not arbitrary or unconstitutional. Proper implementation safeguards the rights of genuine landless persons while maintaining the public purpose behind land assignments.

S.4(A) Appeal

       (1) Any person aggrieved by an order passed by the Mandal Revenue Officer under sub section (1) of Section 4, may within ninety days from the date of receipt by him of such order appeal to the Revenue Divisional Officer.
       (2) Any person aggrieved by an order passed by the Revenue Divisional Officer under sub section (1) of Section 4 may, within ninety days from the date of receipt by him of such order appeal to the District Collector.

S.4(B) Revision

       (1) The District Collector may in respect of any proceedings not being a proceeding covered by sub section (2) of Section 4 A on an application made to him and the Government may in respect of any proceedings either suo motu or on an application made to them, call for and examine the record of any officer subordinate to him or them to satisfy himself or themselves as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order taken or passed therein, and if in any case, if appears to the District Collector or as the case may be to the Government that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, they may pass orders accordingly. Provided that every application for the exercise of the powers under this section shall be preferred within ninety days from the date on which the proceeding, decision or order to which the application rel

S.5 Prohibition of registration of assigned lands

       Notwithstanding anything in the Registration Act, 1908, on or after the commencement of this Act, no registering officer shall accept for registration any document relating to the transfer of, or the creation of any interest in, any assigned land included in a list of assigned lands in the district which shall be prepared by the District Collector and furnished to the registering officer, except after obtaining prior permission of the District Collector concerned for such registration.
       

S.6 Exemption

       Nothing in this Act shall apply to the assigned lands held on mortgage by the State or Central Government, any local authority, a co operative society, a scheduled bank or such other financial institution owned, controlled or managed by a State Government or the Central Government, as may be notified by the Government, in this behalf.
       

S.7 Penalty

       (1) Whoever acquires any assigned land in contravention of the provisions of sub section (2) of section 3 shall be punished with imprisonment which may extend to six months or with fine which may extend to two thousand rupees or with both.
       (2) Whoever opposes or impedes the District Collector or any person authorised, in taking possession of any assigned land under this Act shall be punished with imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both.
       (3) No court shall take cognizance of an offence punishable under this section, except with the previous sanction of the District Collector.

S.8 Protection of action taken

       (1) No suit, prosecution or other legal proceeding shall lie against any person, officer or authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
       (2) No suit or other legal proceedings shall lie against the Government for any damage caused or likely to be caused or for any injury suffered or likely to be suffered, by virtue of any provision of this Act, or for anything which is in good faith done or intended to be done in pursuance of this Act, or any rules made thereunder.

S.9 Power to make rules

       (1) The Government may, by notification, make rules for carrying out all or any of purposes of this Act.
       (2) Every rule made under this Act shall, immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be ; so however, that any such modification or annulment shall be without prejudice to the validity of anything previou

S.10 Act to override other laws

       The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom, usage or contract or decree or order of a court, tribunal or other authority.
       

S.11 Power to remove difficulties

       If any difficulty arises in giving effect to the provisions of this Act, the Government may, by general or special order, published in the Andhra Pradesh Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for the removal of the difficulty:
       
       Provided that no such order shall be made after the expiration of two years from the commencement of this Act.

S.12 Repeal of Ordinance 2 of 1977

       The Andhra Pradesh Assigned Lands (Prohibition of Transfers) Ordinance, 1977 is hereby repealed.