In December, 1955, the Government introduced the Madras Estates Land (Andhra Amendment) Bill, 1955 in the Legislative Assembly for the Amendment of Section 3 (2) (d) of the Madras Estates Land Act, 1908, with the object of enlarging the definition of 'estate' under that Act so as to cover certain marginal inams such as inam hamlets and inam Khandrigas. The Bill was referred to a Select Committee which had made certain recommendations in regard to the provisions of the Bill. The Government have carefully considered these recommendations and have decided that the scope of the above Bill should be restricted to inam Khandrigas and inam hamlets in inam villages and that separate legislation should be undertaken with a view to converting other inams in inam villages as well as all inams in ryotwari and zamindari villages into ryotwari tenure. The present Bill accordingly provides for the conversion of all inam lands other than estates into ryotwari tenure. The Bill provides that in the case

Read full Act

S.1 Short title, extent, application and commencement

Short title, extent, application and commencement:- (1) This Act may be called the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956.

(2) It extends to the whole of the State of Andhra Pradesh, but applies only to inam lands described in clause (c) of Section 2.

(3) It shall come into force at once.

S.2 Definitions

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

(a) "Collector" means the Collector of a District;

(b) "Government" means the State Government;

(c) "Inam land" means any land in respect of which the grant in inam has been made, confirmed or recognized by the Government, and includes any land in the merged territory of Banaganapalle in respect of which the grant inam has been made, confirmed or recognised by any former Ruler of the territory but does not include an inam constituting an estate under the Madras Estates Land act, 1908 (Madras Act 1 of 1908);

(d) "Inam village" means a vil

S.2-A Transfer to, and vesting in the Government of all communal lands, porambokes etc., in inam lands:-

Transfer to, and vesting in the Government of all communal lands, porambokes etc., in inam lands:- Notwithstanding anything contained in this Act, all communal lands and porambokes, grazing lands, waste lands, forest lands, mines and quarries, tanks, tank beds and irrigation works, streams and rivers, fisheries and ferries in the inam lands shall stand transferred to the Government and vest in them free of all encumbrances.

S.3 Determination of inam lands

Determination of inam lands:- (1) An soon as may be, after the commencement of this Act, the Tahsildar may suo motu and shall on application enquire and determine

(i) whether a particular land in his jurisdiction is an inam land,

(ii) whether such inam land is in ryotwari, zamindari or inam village;

(iii) whether such inam land is held by any institution.

(2) Before holding such an enquiry, Tahsildar shall cause to be published in the village or town where the inam lands are situate a notice in the prescribed manner requiring every person or institution claiming an interest in any such inam land, to fi

S.4 Conversion of inam lands into ryotwari lands

Conversion of inam lands into ryotwari lands:- (1) In the case of an inam land in a ryotwari or zamindari village the person or institution holding such land as inamdar on the date of commencement of this Act shall be entitled to a ryotwari patta in respect thereof.

(2) In the case of inam in an inam village :

(a) if such a land is held by any institution on the date of commencement of this Act, such institution shall be entitled to a ryotwari patta in respect of that land;

(b) if such a land is held by an inamdar other than an institution on the date of commencement of this Act, and is in his actual occupation on the said date, the tenant

S.5 Reinstatement of tenants who were in occupation of inam lands in inam villages on the 7th January, 1948, but were evicted from such lands before the commencement of this Act

Reinstatement of tenants who were in occupation of inam lands in inam villages on the 7th January, 1948, but were evicted from such lands before the commencement of this Act:- (1) Any tenant who was in occupation of an inam land in an inam village on the 7th January, 1948, but who is not in occupation thereof at the commencement of this Act having been evicted from such land by or at the instance of the inamdar whether in execution of a decree or order of a Court or other wise, shall be entitled to be restored to occupation of that land as hereinafter provided.

Explanation:- For the proposes of this Section the expression "inamdar" includes an institution.

(2) Any tena

S.6 Determination of the one third share of the inam land in the occupation of a tenant

Determination of the one third share of the inam land in the occupation of a tenant:- (1) Where there is agreement between the tenant and the inamdar as to the particular portion of the land to be given to inamdar towards his one-third share under clause (b) or clause (c) of sub sec. (2) of Section 4, they shall file a joint statement before the Tahsildar to that effect furnishing full particulars; where there is no such agreement, the tenant or the inamdar, shall within the prescribed period make an application to Tahsildar for the determination of the portion of the inam land in the occupation of the tenant to be given to the inamdar towards his one-third share.

(2) On receipt of such an application the Tahsil

S.7 Grant of Ryotwari Pattas

Grant of Ryotwari Pattas:- (1) As soon as may be after commencement of this Act and subject to the provisions of sub-section (4), the Tahsildar may suo motu and shall, on application by a person or an institution, after serving a notice in the prescribed manner on all the persons or institutions interested in the grant of ryotwari pattas in respect of the inam lands concerned and after giving them a reasonable opportunity of being heard and examining all the relevant records, determine the persons or institutions entitled to ryotwari pattas in accordance with the provisions of Section 4 and grant them ryotwari patta in the prescribed form.

(2) Any person or institution aggrieved by the grant of a ryotwari

S.8 Right of permanent occupancy to tenants in inam lands held by institutions in inam villages

Right of permanent occupancy to tenants in inam lands held by institutions in inam villages:- (1) In the case of an inam land held by an institution in an inam village, the tenant who is declared to be in occupation of the inam land on the 7th January, 1948, under Section 5, or if there is no such tenant, the tenant in occupation of the land on the date of commencement of this Act, shall have a right of permanent occupancy in that land and the said right shall be heritable and shall be transferable by sale, gift or otherwise.

(2) Where any tenant having such right of permanent occupancy:

(i) fails to pay rent due by him to the institution :

S.9 Procedure for evicting tenants having right of permanent occupancy

Procedure for evicting tenants having right of permanent occupancy:- (1) Any institution seeking to evict a tenant under sub-section (2) of Section 8, may file an application before the Tahsildar for that purpose.

(2) Notwithstanding anything contained in sub-section (1) of Section 8, an institution may apply to the Tahsildar for the award of compensation in addition to, or in lieu of eviction for the damage or waste caused by the tenants; the institutions, may also apply for an order prohibiting the tenant from damaging or wasting the land in any manner in case the tenant is not evicted.

(3) On receipt of such an application, the Tahsildar shall cause a notice to be served i

S.10 Inam lands to be leased after eviction of a tenant under Section 9

Inam lands to be leased after eviction of a tenant under Section 9:- Where a tenant is evicted under Section 9 from inam land the institution holding the inam land shall after publishing a notice in the prescribed manner lease out the said inam land.

S.10-A Application of the Act to Inam lands in Ryotwari or Zamindari Villages

Application of the Act to Inam lands in Ryotwari or Zamindari Villages:- Notwithstanding anything contained in this Act, where the Revenue Court either suo motu or on an application made to it within a period of six months from the date of commencement of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Amendment Act, 1975, is satisfied, after making an enquiry, that a tenant of any inam land in a ryotwari or zamindari village has possessed the right of permanent occupancy in that land by virtue of any custom or usage having the force of law or any judgment, decree or order of a competent Court it may make a declaration to that effect and on such declaration the provisions of this Act shall apply to such inam l

S.10-B Conferment of ryotwari pattas on transferees of unenfranchised inams

Conferment of ryotwari pattas on transferees of unenfranchised inams:- Where, before commencement of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Amendment Act, 1975 an inamdar, other than an institution, of any unenfranchised inam has sold or otherwise transferred his interest in the inam land held by him, the transferee, who has acquired the said interest in good faith and for valuable consideration, or his successor in title, who is in possession of such land on the date of such commencement, shall be, deemed to be the inamdar for the purpose of this Act.

S.11 Application of Andhra Act XVIII of 1956

Application of Andhra Act XVIII of 1956:- (1) Subject to the provisions of sub-section (2), and Sections 8 and 9, the provisions of the Andhra Tenancy Act, 1956 (Andhra Act XVIII of 1956), shall apply to the tenancies in respect of inam lands governed by this Act.

(2) If, in respect of any such land or any part thereof, the Tahsildar or the Revenue Divisional Officer as the case may be, considers that the person in occupation of such land or part is prima facie entitled to a ryotwari patta in respect thereof under Section 4 no order for his eviction from such land or part shall be passed under the Andhra Tenancy Act, 1956 (Andhra Act XVIII of 1956), until it is finally decided that he is not entitled to a

S.12 Liability of persons and institutions receiving ryotwari pattas to ryotwari assessment etc

Liability of persons and institutions receiving ryotwari pattas to ryotwari assessment etc:- (1) Every person or institution receiving a ryotwari patta under this Act in respect of an inam land shall, with effect on and from the date of the grant of the ryotwari patta, be liable to pay to the Government the ryotwari assessment as hereinafter provided.

(a) if a person or an institution is granted a ryotwari patta under this Act in respect of an inam land which has been subjected to the assessment as determined under the provisions of the Andhra Inams (Assessment) Act, 1955 (Andhra Act XVII of 1955) ; the person or institution shall, notwithstanding anything contained in any engagement, contract, grant or other la

S.13 Tahsildar, Revenue Court and Collector to have powers of a Civil Court in certain matters:-

Tahsildar, Revenue Court and Collector to have powers of a Civil Court in certain matters:- The Tahsildar, the Revenue Court and the Collector shall have the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908 (Central Act V of 1908), in respect of the following matters, namely:

(a) summoning and enforcing the attendance of persons and examining them on oath.

(b) requiring the discovery or production of documents,

(c) receiving evidence on affidavits, and

(d) issuing commissions for inspection of lands and for examination of witnesses or documents.

S.14 Bar of jurisdiction of Civil Courts

Bar of jurisdiction of Civil Courts:- No suit or other proceeding shall be instituted in any Civil Court to set aside or modify any decision of the Tahsildar, the Revenue Court, or the Collector under this Act, except where such decision is obtained by misrepresentation, fraud or collusion of parties.

S.14-A Revision

Revision:- (1) Notwithstanding anything contained in this Act, the Board of Revenue may, at any time either suo motu or on application made to it, call for and examine the records relating to any proceedings taken by the Tahsildar, the Revenue Court or the Collector under this Act for the purpose of satisfying itself as to the regularity of such proceeding or the correctness, legality or propriety of any decision made or order passed therein; and if, any case, it appears to the Board of Revenue that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, it may pass orders accordingly.

(2) No order prejudicial to any person shall be passed under sub-section (1) u

S.15 Act to override other laws

Act to override other laws:- Unless otherwise expressly provided in this Act the provisions of this Act and of any orders and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law.

S.16 Power to remove difficulties

Power to remove difficulties:- If any difficulty arises in giving effect to the provisions of this Act, the Government may make such orders, not inconsistent with the said provisions, as appear to them to be necessary or expedient for the purpose of removing the difficulty.

S.17 Power to make rules

Power to make rules:- (1) The Government may, by notification in the Andhra Pradesh Gazette, make rules to carry out the purposes of this Act.

(2) Every rule made, under this Section 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 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 thereafter have effect only in such modified form