Andhra Pradesh Tenants And Ryots Protection Act 1979

The following Act of Andhra Pradesh Legislature which was reserved by the Governor on the 6th March, 1979, for the consideration and assent of the President received on the 19th March 1979, and the said assent is hereby first published on the 20th March, 1979 in the Andhra Pradesh Gazette for general information: An Act to provide for the temporary protection of certain classes of the tenant and ryots in the Andhra Area of the State of Andhra Pradesh. Be it enacted by the Legislature of the State of Andhra Pradesh in the Thirtieth Year of the Republic of India as follows:

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S.1 Short title, extent, application, commencement and duration

(1) This Act may be called the Andhra Pradesh Tenants and Ryots Protection Act, 1979.

(2) It extends to the whole of the State of Andhra Pradesh except the territories specified in sub-section (1) of Section 3 of the States Reorganisation Act, 1956.

(3) It applies to :

(a) ryots in estates governed by the Andhra Pradesh (Andhra Area) Estates Land Act, 1908, and

(b) tenants of private lands in such estates.

(4) It shall be deemed to have come into force on the 8th October, 1978 and shall remain in force upto and inclusive of the 7th October, 1981.

(5) Upon the expiry of this Act, the provisions of Section 8 of the Andhra Pradesh General Clauses Act, 1891 shall apply as if this Act had been repealed by an Act of the Legislature of the State of Andhra Pradesh.

S.2 Definitions

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

(a) the expression "estate", "holding", "private land", "rent" and "ryot" shall in relation to estates governed by the Andhra Pradesh (Andhra Area) Estates Land Act, 1908, have the meanings assigned to them in that Act;

(b) the expression "land-lord" shall mean in relation to estates governed by the Andhra Pradesh (Andhra Area) Estates Land Act, 1908 'land-holder' as defined in that Act.

S.3 Ryots and tenants not to be evicted

During the continuance of this Act and subject to the provisions of Sections 4 and 5 :-

(a) no tenant of any private land in an estate shall be liable to be evicted by his land-lord in pursuance of a decree or order for eviction; and

(b) no holding of a tenant or ryot shall be liable to be sold or brought to sale in pursuance of a decree, order, or other proceedings for recovery of rent.

S.4 Stay of suits and proceedings for eviction of tenants

(1) All suits, proceedings in execution of decrees or orders and other proceedings :-

(a) for the eviction of tenants from their holdings or land, as the case may be, or in which a claim for such eviction is involved, whether in addition to a claim for rent or not or,

(b) in which the sale of the holding of a tenant or ryot for recovery of rent is claimed and which stood stayed upto the commencement of this Act or which may be instituted after such commencement in any civil or revenue Court, shall continue to stand stayed, or shall stand stayed, as the case may be, subject to the provisions of the following sub-sections:

Provided that nothing in this sub-section shall affect the power of the Court to grant any relief of the nature specified in Section 94 of the Code of Civil Procedure, 1908 with a view to prevent wilful waste by the tenant or any person claiming under him.

S.5 Power of State Government to order continuance of suits and proceedings

Notwithstanding anything in Section 4, the State Government may direct that any suit or proceeding or class or classes thereof, stayed under sub-section (1) or sub-section (10) of that section shall be proceeded with from the stage which had been reached when the suit or proceeding was stayed.

S.6 Continuance of suits and proceedings after the expiration of the Act

All suits and proceedings stayed under this Act shall, after the expiration of this Act, be proceeded with subject to the provisions of any law which may then be in force, from the stage which had been reached when the suit or proceeding was stayed:

Provided that in the case of a suit instituted after the commencement of this Act, the Court may, if satisfied that such suit is vexatious or unnecessary, deprive the plaintiff of his costs and award costs to the defendant.

S.7 Power to remove difficulties

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion may arise by order, do anything which appear to them necessary for the purpose of removing the difficulty.

S.8 Savings and validation

Any order made or purporting to have been made, any decision or direction given or purporting to have been given, any action or proceeding taken or purporting to have been taken, or anything done or purporting to have been done,--

(a) under any provision of the Andhra Pradesh (Andhra Area) Tenants and Ryots Protection Act, 1949 or the Andhra Pradesh Tenants and Ryots Protection Act, 1976, (hereinafter in this section and in Section 9 referred to as the said Act) and in force immediately before the 8th October, 1978; or

(b) on or after 8th October, 1978 under any provision of the said Act on the footing that the said Act was in force at the relevant time, shall, subject to any subsequent modification or cancellation thereof, purporting to have been made on or after that date under the said Act on the footing that is was in force at the relevant time, be deemed to be an order made, decision or direction giv

S.9 Indemnity for acts etc., done after expiry of Act XXIV of 1949 or Act 39 of 1976

(1) No suit, prosecution or other legal proceeding shall lie in any Court against any officer or servant of the State Government or any person acting under his direction or aiding or assisting him--

(a) for, or on account of, or in respect of any decision given or any act ordered or done by him, in exercise of any jurisdiction of power purporting to have been conferred on him by or under the said Act; or

(b) for carrying out any decision given by any court or other authority in exercise of any such jurisdiction or power as aforesaid.

(2) No suit or other legal proceeding shall lie against the State Government, or on account of, or in respect of any act, matter or thing whatsoever, purporting to have been done in pursuance of or under the said Act.

(3) Sub-sections (1) and (2) shall have effect although the said Act was not or might not have been in force

S.10 Special provision for restoration of certain tenants

Notwithstanding anything in this Act, any tenant or ryot, who has been evicted from his holding or land during the period commencing from the 8th October, 1978 and ending with the date of publication of this Act in the Andhra Pradesh Gazette, shall be deemed to have been in possession of the said holding or land on the date of publication aforesaid; and accordingly he shall be restored to possession of such holding or land in accordance with such rules as may be made in this behalf.