Andhra Pradesh (TA) Resumption Of Land For Personal Cultivation Rules 1955

In exercise of the powers conferred by sub-section (1) and clause (i) of sub-section (2) of Section 97 read with sub-section (4) of Section 44 of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 the Rajpramukh hereby makes the following rules:-

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R.1 A

(i) These Rules may be called the A.P. (Telangana Area) Resumption of Land for Personal Cultivation Rules, 1955;

(ii) They extend to the whole of the A.P. (Telangana Area) State and shall come into force from the date of their publication in the Official Gazette.

R.2 A

(1) In these Rules-

(i) the 'Act' means the A.P. (T.A.) Tenancy and Agricultural Lands Act, 1950.

(ii) 'Section' means the section of the Act.

(2) Words and expressions used in these Rules but not defined shall have the meanings assigned to them in the Act and in the Hyderabad Land Revenue Act, 1317 F.

R.3 A

The landholder requiring the land leased out to a protected tenant may make an application under Section 44 to the Deputy Collector in whose jurisdiction the land is situated for the termination of tenancy and resumption of the said land for cultivating personally in the form appended to these Rules.

R.4 A

The application referred to in Rule 3 shall be accompanied by certified extract from the records of the village or villages concerned showing the location and extent of the entire holdings held by the landlords and the said protected tenant.

R.5 A

The Deputy Collector shall on receipt of an application under Rule 3 conduct an inquiry to determine

(a) whether the landholder can resume the land under the rule conduct an inquiry;

(b) the location and extent of the land to be left with the protected tenant;

(d) the right of the protected tenant to the use of the source of irrigation in respect of the land left with the protected tenant and

(e) the amount of compensation if any to which the protected tenant may be entitled under Section 41.

R.6 A

(1) The Deputy Collector shall on receipt of the application referred to in Rule 8 cause a copy thereof to be served on the protected tenant and shall call upon him to show cause within fifteen days from the date of such service or within such further period as may, from time to time, be extended by him for sufficient reasons to be recorded in writing, but not later than 31 days from the date of such service, why the application should not be granted.

(2) After the expiry of the period mentioned in sub-rule (1) the Deputy Collector, shall under intimation to the landholder and the protected tenant fix the time, date and place for conducting enquiries into the application for resumption.

(3) On the date so appointed or any other date to which the inquiry may be adjourned by him, the Deputy Collector shall, after hearing the parties and their witnesses and examining the documents, if any, and

R.7 A

(1) Before granting the application for resumption, the Deputy Collector shall examine the location and nature of all the lands held by the landholder and protected tenant respectively.

(2) If the Deputy Collector considers that with a view to secure as far as possible contiguous blocks to the landholder or the protected tenant:

(a) the land to be resumed can be exchanged with any other land held by the protected tenant, he shall pass orders for the resumption of such other land held by the protected tenant;

(b) the land left with the protected tenant can be exchanged with other land held by the landholder he shall pass orders accordingly;

Provided that before passing an order under sub-rule (2) the Deputy Collector shall hear objections, if any, from the landholder or the protected ten

R.8 A

The land which will be left with the protected tenant under sub-section (2) of Section 44, shall not as far as possible be inferior in soil, value and irrigation facilities to the land selected for resumption.

R.9 A

The order for resumption shall take effect from the commencement of the year following the year in which it has been passed.