An Act to provide for the prevention of fragmentation of agricultural holdings and for their consolidation. Whereas it is expedient to prevent the fragmentation of agricultural holding and to provide for the consolidation of agricultural holdings for the purpose of the better cultivation thereof; Be it enacted in the Seventh Year of Our Republic as follows:-

Read full Act

S.1 Short title, extent and commencement

Short title, extent and commencement:- (1) This Act may be called the Andhra Pradesh (Telangana Area) Prevention of Fragmentation and Consolidation of Holdings Act, 1956.

(2) It extends to the whole of the Telangana area of the State of Andhra Pradesh.

(3) This section shall come into force at once and the remaining provisions of this Act shall come into force in such area and from such date as the Government may, by notification in the Official Gazette, appoint in this behalf, and different dates may be appointed for the coming into force of different provisions of this Act.

S.2 Definitions

Definitions:- In this Act, unless the context otherwise requires,

(a) "Agricultural Year" means the year commencing on the first day of April;

(b) "Consolidation of Holdings" means the amalgamation and where necessary redistribution of holdings or portions of holdings in any village, or taluka, or any part thereof so as to reduce the number of plots in holding;

(c) "Consolidation Officer" means an officer appointed as such under Section 15 by the Government and includes any person authorised by the Government to perform all or any of the functions of the Consolidation Officer under this Act;

Determination of local area:- The Government may, after such inquiry as it deems fit, issue a notification in the Official Gazette, to specify a village taluka or any part thereof as a local area for the purposes of this Act.

S.4 Settlement of standard areas

Settlement of standard areas:- (1) The Government may, after such inquiry as it deems fit and after consultation with the Land Commission established under Section 87-A of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, or such other authority as it may deem fit, provisionally settle for any class of land in any local area the minimum area that can be cultivated profitably as a separate plot.

(2) The Government shall, by notification in the Official Gazette and in such other manner as may be prescribed, publish the minimum areas provisionally settled by it under sub-section (1) and invite objections thereto.

S.5 Determination and revision of standard area:-

Determination and revision of standard area:- (1) The Government shall, after considering the objections, if any, received within four months of the date of publication of the notification under sub-section (2) of Section 4 in the village concerned and making such further inquiry as it may deem fit, determine the standard area for each class of land in such local area.

(2) The Government may, at any time, if it deems it expedient so to do, revise a standard area determined under sub-section (1). Such revision shall be made in the manner laid down in Section 4 and sub-section (1).

(3) The Government shall, by notification in the Official Gazette and in such other

S.6 Entry in the Record of Rights

Entry in the Record of Rights:- (1) On notification of a standard area under sub-section (3) of Section 5 for a local area all fragments in the local area shall be entered in the Record of Rights, or where there is no Record of Rights in such village record as the Government may prescribe.

(2) Regulation LVIII of 1358 F:- Notice of every entry made under sub-section (1) shall be given in the manner prescribed for the giving of notice under the Andhra Pradesh (Telangana Area) Record of Rights in Land Regulation, 1358 F. of an entry in the register of mutations.

S.7 Transfer and lease of fragments

Transfer and lease of fragments:- (1) No person shall transfer fragment in respect of which a notice has been given under sub-section (2) of Section 6 except to the owner of a contiguous survey number or recognised sub-division of a survey number.

Provided that the holder of such fragment may mortgage or transfer it to the Government or a land mortgage Bank or any other co-operative Society as security for any loan advanced to him by the Government or such Bank or Society, as the case may be.

(2) Notwithstanding anything contained in the Andhra Pradesh (Telangana Area) and Agricultural Lands Act 1950, no such fragment shall be leased to any person other than a p

S.8 Restriction on permanent alienation of land, etc

Restriction on permanent alienation of land, etc:- No land shall be permanently alienated, leased or sub-divided so as to create a fragment.

S.9 Restriction on partition of land

Restriction on partition of land:- (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.

(2) Where such sub-division or partition is 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 that share. The amount of compens

S.10 Sections 7, 8 and 9 not to apply to transfer for public purpose

Sections 7, 8 and 9 not to apply to transfer for public purpose:- Nothing in Sections 7, 8 and 9 shall apply to a transfer of any land for such public purpose as may be specified in this behalf by the Government by notification in the Official Gazette.

S.11 Penalty for transfer or partition contrary to provisions of Act

Penalty for transfer or partition contrary to provisions of Act:- (1) The transfer or partition of any land contrary to the provisions of this Act shall be void.

(2) The owner of any land so transferred or partitioned shall be liable to pay such fine not exceeding Rs.500 as the Collector may subject to the general orders of the Government, direct. Such fine shall be recoverable as arrears of land revenue.

(3) Any person unauthorizedly occupying, or wrongfully in possession of any land, the transfer or partition of which, either by the act of parties or by the operation of law, is void under the provisions of this Act, may be summarily evicted by the Collector.

S.12 Transfer of fragment to the Government

Transfer of fragment to the Government:- (1) Any owner of a fragment may transfer it to the Government for the purposes of the Government on payment by the Government of such compensation to persons possessing interest therein as the Collector may determine and thereupon the fragment shall vest absolutely in the Government for the purpose of the Government free from all encumbrances.

(2) Any such fragment may be disposed of as unoccupied land under the provisions of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F.

S.13 Determination of compensation for purpose of Section 12

Determination of compensation for purpose of Section 12:- In determining the compensation for the purposes of Section 12, the Collector shall have regard to the provisions of Section 18 of the Hyderabad Land Acuqisition Act, 1309 Fasli (IX of 1399 Fasli).

S.14 Fragment not to be sold at court sale or created by such sale

Fragment not to be sold at court sale or created by such sale:- Notwithstanding anything contained in any law for the time being in force, no fragment, in respect of which a notice has been given under sub-section (2) of Section 6, shall be sold at any sale held under the orders of any Court except to the owner of a contiguous survey number of recognised sub-division of a survey number and no land shall be sold at such sale so as to leave a fragment.

S.15 The Government may of its own accord or on application declare its intention to make scheme for consolidation of holdings

The Government may of its own accord or on application declare its intention to make scheme for consolidation of holdings:- With the object of consolidating holdings in any village or taluqa or any part thereof for the purpose of better cultivation of lands therein, the Government may, of its own motion or on application made in this behalf, 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 the consolidation of holdings in such village or villages or part thereof as may be specified. On such publication in the village concerned the Government may appoint a Consolidation Officer, who shall proceed to prepare a scheme for

S.16 Preparation of the Scheme and the principles to be followed in its preparation

Preparation of the Scheme and the principles to be followed in its preparation:- (1) The Consolidation Officer shall, after giving due notice to the land owners concerned and the Village Committee, visit each of the concerned villages and shall in consultation with the Village Committee proceed to prepare a scheme for the consolidation of holdings which shall include such statements, records and maps as may be prescribed.

(2) In preparing the scheme the Consolidation Officer shall have regard to the procedure which the Government may from time to prescribe in regard to the number of blocks in which the village lands are to be grouped the manner of alloting new plots to each owner, the recommendatio

S.17 Scheme to provide for compensation

Scheme to provide for compensation:- (1) The scheme prepared by the Consolidation Officer shall provide for the payment of compensation to any owner who is allotted a holding of less market value than that of his original holding and for the recovery of compensation from any owner who is allotted a holding of greater market value than that of his original holding provided that no compensation shall be payable for the pro rata cut in the extent or value of the holdings resulting from the assignment of land under Section 19.

(2) The amount of compensation shall be determined so far as practicable in accordance with the provisions of Section 18 of the Hyderabad Land Acquisition Act, 1309 F.

S.18 Amalgamation of public roads, etc, within scheme for consolidation of holdings

Amalgamation of public roads, etc, within scheme for consolidation of holdings:- (1) Whenever in preparing a scheme for the consolidation of holdings, it appears to the Consolidation Officer that it is necessary to amalgamate any road, street, lane or path with any holding in the scheme, he shall make a declaration to that effect stating in such declaration that it is proposed that the rights of the public as well as of all individuals in or over the said road, street, land or path shall be extinguished or, as the case may be, transferred to a new road, street, lane or path laid out in the scheme of consolidation.

(2) The declaration in sub-section (1) shall be published in the village concerned in

S.19 Lands reserved for common purposes

Lands reserved for common purposes:- Notwithstanding anything contained in any law for time being in force, it shall be lawful for the Consolidation Officer to direct in consulation with the Village Committee

(a) that any land specifically assigned for any common purpose shall cease to be so assigned and to assign any other land in its place;

(b) that if in any area under consolidation no land is reserved for any common purpose including extension of the village sites, or if the land so reserved is inadequate, to assign other land for such requirements and for that purpose to effect a pro rata cut in all the holdings of the village.

S.20 Publication of draft scheme

Publication of draft scheme:- (1) When the draft scheme of consolidation is ready for publication, the Consolidation Officer shall publish it in the prescribed manner in the village or villages concerned, any person likely to be affected by such scheme shall, within thirty days of such publication, communicate in writing to the Consolidation Officer any objections relating to the scheme. The Consolidation Officer shall after considering the objections, if any, received, submit the scheme with such amendment as he considers to be necessary, together with his remarks on the objections to the Settlement Commissioner.

(2) The Consolidation Officer shall also publish the scheme as amended by him.

S.21 Confirmation of scheme

Confirmation of scheme:- (1) If within thirty days of its publication no objections are received to the draft scheme published under sub-section (1) or the amended draft scheme published under sub-section (2) of Section 20, as the case may be, the Settlement Commissioner shall confirm the scheme.

(2) If any objections are received to the amended draft scheme published under sub-section (2) of Section 20, the Statement Commissioner shall, after taking the objections into consideration, submit it with such modifications as he considers necessary to the Board of Revenue.

(3) The Board of Revenue may either confirm the scheme with or without modification or refuse t

S.22 Right to possession of new holdings

Right to possession of new holdings:- (1) Upon the confirmation of the scheme under sub-section (1) or (3) of Section 21, a notification stating that the scheme has been confirmed shall be published in the Official Gazette, and the scheme as confirmed shall be published in the prescribed manner in the village or villages concerned. If two-thirds or more of the owners affected by such scheme agree to enter into possession of the holdings allotted to them thereunder, the Consolidation Officer may allow all the owners to enter into such possession forthwith or from such date as may be specified by him.

(2) If two-thirds or more of such owners do not agree to enter into possession under sub-section (1)

S.23 Coming into force of Scheme

Coming into force of Scheme:- As soon as the persons entitled to possession of holdings under this Act have entered into possession of the holdings respectively allotted to them, the scheme shall be deemed to have come into force.

S.24 Certain laws, no ban on transfer of holdings

Certain laws, no ban on transfer of holdings:- Notwithstanding anything contained in any law for the time being in force, the rights of owners, or other persons having interest, shall for the purpose of giving effect to any scheme of consolidating them be transferable by exchange or otherwise.

S.25 Certificate of transfer

Certificate of transfer:- (1) The Consolidation Officer shall grant every owner to whom a holding has been allotted in pursuance of a scheme of consolidation and to every person to whom a right is allotted under sub-section (5) of Section 22, a certificate in the prescribed form duly registered under the Indian Registration Act, 1908 to the effect that the holding has been transferred to him in pursuance of the scheme.

(2) Notwithstanding anything contained in any law for the time being in force no stamp or registration fee shall be payable in respect of such certificate.

S.26 Assessment and recovery of cost

Assessment and recovery of cost:- The cost of carrying out the scheme of consolidation shall be assessed in the prescribed manner and recovered from the persons whose holdings are affected thereby, in such proportion and at such rates as may from time to time be determined by the Government.

S.27 Recovery of compensation or costs or other sums payable under this Act

Recovery of compensation or costs or other sums payable under this Act:- Compensation under Section 17 or costs under Section 26 or any other sums payable under this Act shall be recoverable as arrears of land revenue.

S.28 Exercise by Consolidation Officer of powers under certain Acts

Exercise by Consolidation Officer of powers under certain Acts :- (1) During the continuance of the consolidation proceedings the Consolidation Officer shall exercise and discharge the functions of a Revenue Officer under the Andhra Pradesh (Telangana Area) Land Revenue Act 1317 F. and the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 and no Revenue Officer other than the Consolidation Officer shall take any proceedings under any of the said Acts in respect of any holding or land for the consolidation of which a notification has been issued under Section 15.

(2) Where in respect of any holding the Consolidation Officer proceeds to prepare a scheme under Section 16

S.29 Stay of proceedings under Sections 120 and 124 of Act VIII of 1317 F. ban on transfer of land during continuance of consolidation proceedings

Stay of proceedings under Sections 120 and 124 of Act VIII of 1317 F. ban on transfer of land during continuance of consolidation proceedings:- When a Consolidation Officer proceeds to prepare a scheme under Section 16, during the continuance of the consolidation proceedings,

(a) no proceedings

(i) under Section 120 or 124 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F.;

(ii) for execution of any award made under the Andhra Pradesh Co-operative Societies Act, 7 of 1964

(iii) for execution of any award made under the Andhra Pradesh (Telangana Area) Debt Conciliation Act,

S.30 Rights in holdings

Rights in holdings:- Every owner to whom a holding is allotted in pursuance of a scheme of consolidation shall have the same rights in such holding as he had in his original holding:

Provided that nothing in this section shall apply to any person to whom a holding has been allotted under the provisions of sub-section (5) of Section 22.

S.31 Transfer of encumbrances

Transfer of encumbrances:- (1) If the holding of an owner included in a scheme of consolidation which has come into force under Section 23 is burdened with a mortgage, debt or other encumbrance other than a lease, such mortgage, debt 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, subject to any rules made under Section 47 appoint; and the mortgagee, creditor or other encumbrancer, as the case may be, shall exercise his rights accordingly.

(2) If the holding to which a mortgage, debt or other encumbrance is transferred under sub-section (1) is of less market value than the o

S.32 Consolidation Officer to decide whether lease should be transferred or not

Consolidation Officer to decide whether lease should be transferred or not:- (1) If the holding of an owner included in a scheme of consolidation which has come into force under Section 23 is burdened with a lease, the Consolidation Officer shall by an order in writing determine whether such lease shall or shall not be transferred therefrom. A copy of the order passed by the Consolidation Officer under this sub-section shall be affixed to a place near the holding and shall also be published in the prescribed manner.

(2) If the Consolidation Officer determines that such lease shall be transferred from the original holding it shall attach itself to the holding allotted to the owner under the scheme

S.33 Apportionment of compensation or net value in case of dispute

Apportionment of compensation or net value in case of dispute:- Where there is a dispute in respect of the apportionment of

(a) the amount of compensation determined under sub-section (2) of Section 17 or sub-section (4) of Section 18;

(b) the net value realised or payable under sub-section (5) or (6) of Section 22;

(c) the total amount of compensation determined under sub-section 31;

the Consolidation Officer shall refer the dispute to the decision of the District Court and deposit the amount of the compensation or net value, as the case may be, in the Court and thereupon the provisions o

S.34 Alienation and sub-division of consolidated holdings

Alienation and sub-division of consolidated holdings:- Notwithstanding anything contained in any law for the time being in force, no person to whom a holding has been allotted under this Act shall

(a) transfer any holding or part thereof except in accordance with such conditions as may be prescribed;

(b) except with the permission in writing of the Board of Revenue, sub divide such holding.

S.35 Power to vary scheme on the ground of error, irregularity or informality

Power to vary scheme on the ground of error, irregularity or informality:- (1) If after a scheme has come into force it appears to the Board of Revenue that the scheme is defective on account of an error, irregularity or informality, the Board of Revenue shall publish a draft of such variation in the prescribed manner. The draft variation shall state every amendment proposed to be made in the scheme.

(2) Within one month of the date of publication of the draft variation any person affected thereby may communicate in writing any objection to the Board of Revenue through the Settlement Commissioner.

(3) After receiving the objections under sub-section (2) the Boar

S.36 Power to revoke scheme at any time

Power to revoke scheme at any time:- A scheme for the consolidation of holdings confirmed under this Act may at any time be varied or revoked by a subsequent scheme prepared, published and confirmed in accordance with this Act.

S.37 Power of officers to enter upon land for purposes of survey and demarcation

Power of officers to enter upon land for purposes of survey and demarcation:- The Consolidation Officer and any person acting under his orders may, in the discharge of any duty under this Act, enter upon and survey land and erect survey marks thereon and demarcate the boundaries thereof and do all other acts necessary for the proper performance of that duty.

S.38 Penalty for destruction, injury or removal of survey marks

Penalty for destruction, injury or removal of survey marks:- If any person wilfully destroys or injures or without lawful authority removes a survey mark lawfully erected, he may be ordered by a Consolidation Officer to pay fine not exceeding fifty rupees for each mark so destroyed, injuried, removed as may, in the opinion of that officer be necessary to defray the expenses of restoring the same and of rewarding the person, if any who gave information of the destruction, injury or removal.

S.39 Report of destruction or removal or injury to survey mark

Report of destruction or removal or injury to survey mark:- Every Village Officer shall be legally bound to furnish a Consolidation Officer with information respecting the destruction or removal of or an injury done to, any survey mark lawfully erected in the village.

S.40 Power of Consolidation Officer to summon persons

Power of Consolidation Officer to summon persons:- (1) A Consolidation Officer may summon any person whose attendence he considers necessary for the purpose of any business before him as a Consolidation Officer.

(2) A person so summoned shall be bound to appear at the time and place mentioned in the summons in person or, if the summons so allows, by his recognised agent or a legal practitioner.

(3) The person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or make statements and to produce such documents and other things relating to any such matter as the Consolidation Officer may require.

S.41 Appointment of officers and staff and delegation of powers

Appointment of officers and staff and delegation of powers:- (1) The Government may, for the administration of this Act, appoint such persons as it thinks fit, and may, by notification in the Official Gazette, delegate any of its powers or functions under this Act to any of its officers either by name or designation.

(2) The Board of Revenue may, by notification in the Official Gazette, invest the Collector with all or any of the powers of the Settlement Commissioner under this Act, and by a like notification invest the Consolidation Officer with all or any powers of the Collector under the Act.

(3) A Consolidation Officer may, with the sanction of the Board of

S.42 Constitution of Village Committee

Constitution of Village Committee:- (1) The Village Committee shall be constituted by the Consolidation Officer in the prescribed manner and it shall discharge and perform, in addition to the duties and functions imposed or assigned by this Act, such other duties and functions as may be prescribed for the purposes of this Act.

(2) Where at any time the Collector is satisfied that the Village Committee has refused or failed without reasonable cause or excuse to discharge the duties or perform the functions imposed or assigned by or under this Act or circumstances have so arisen that the Committee has been rendered unable to discharge the duties or perform the functions aforesaid or it is otherwise e

S.43 Power of Government to call for proceedings

Power of Government to call for proceedings:- The Government may at any time for the purpose of satisfying itself as to the legality or propriety of any order passed by any officer under this Act call for and examine the record of any case pending before or disposed of by such officer and may pass such order in reference thereto as it thinks fit;

Provided that no order shall be varied or revised without giving the parties interested notice to appear and opportunity to be heard.

S.44 Appeal and revision

Appeal and revision:- Except as provided in this Act, no appeal or revision application shall lie from any order passed under this Act.

S.45 Jurisdiction of Civil Court barred as regards matters arising under this Act

Jurisdiction of Civil Court barred as regards matters arising under this Act:- No Civil Court shall entertain any suit instituted or application made, to obtain a decision or order in respect of any matter which the Government or any officer or authority is, by this Act, empowered to determine, decide or dispose of.

S.46 Public servants indemnified for acts done under this Act

Public servants indemnified for acts done under this Act:- No suit or other legal proceedings shall be maintained in respect of the exercise of any power or discretion conferred by this Act, or against any public servant or person duly appointed or authorised under this Act, in respect of anything in good faith done or purporting to be done under the provisions thereof or the rules made thereunder.

S.47 Rules

Rules:- (1) The Government may by notification in the Official Gazette make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power the Government may make rules, providing for

(a) the manner of publication under sub-section (2) of Section 4;

(b) the manner of giving public notice under sub-section (3) of Section 5;

(c) village records in which fragments shall be entered under sub-section (2) of Section 6;

(d) the manner of choosing by lot under Clause (b) of sub-section (2) of S

S.48 Amendment of Act XXI of 1950

Amendment of Act XXI of 1950:- In the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands, Act, 1950 -

(1) Clause (d) and (hh) of sub-section (1) of Section 2 shall; be omitted;

(2) for Clause (iii) of sub-section (4) of Section 44, the following clause shall be substituted, namely: -

"(iii) securing as far as possible contiguous blocks to the landholder, or the protected tenant;"

(3) Chapter VII shall be omitted;

Provided that the omission of the said Chapter shall not affect the previous operation of that Chapter