Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 Mobile

Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007

Published vide G.O. Ms. No.208, Revenue (ASSN-POT), dated 22-2-2007, Published in A.P. Gazette, RS to Part I, dated 2-2007.

AP163


In exercise of the powers conferred by sub-section (1) of Section 9 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, as amended by the Andhra Pradesh Assigned Lands (POT) (Amendment) Act, 2007 and in supersession of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 1977 issued in G.O. Ms. No.281, Revenue, dated 2-2-1978, the Governor of Andhra Pradesh hereby makes the following rules :-

Rules

1. Short title: – These rules may be called the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007.

2. Definitions: – In these rules, unless the context otherwise requires:

(a) “Act” means the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977;

(b) “Authorised Officer” means the Officer Authorised by the District Collector not below the rank of Mandal Revenue Officer/ Tahsildar under sub-section (1) of Section 4 and sub-section (1) of Section 5 of the Act;

(c) “Form” means a form appended to these rules.

3. Procedure for eviction of the transferee and taking possession and restoration of assigned lands: – The District Collector or the Authorised Officer shall, before taking action under clauses (a) and (b) of sub-section (1) of Section 4 of the Act, issue notices in Form No.1 and Form II to the persons who have transferred and also to the persons who have acquired any assigned land in contravention of the provisions of sub-section (2) of Section 3 of the Act. The notices shall be served by delivering a copy on transferor and transferee or some adult male member of the family of such transferor or transferee at their usual place of above or to their authorised agent or by affixing a copy thereof at some conspicuous place of their last known place of residence or on some conspicuous part of the assigned land. After the expiry of (fifteen) 15 days specified in the notice, the District Collector or the Authorised Officer shall consider the representation, if any, received with reference to the said notice and pass such orders as he thinks fit and proper. If it is held that the provisions of sub-sections (1) and (2) of Section 3 of the Act, have been contravened in respect of any assigned land, a copy of the order shall be communicated to the Village Officer concerned under whose territorial jurisdiction the land is situated for taking possession of the land and thereupon the land shall be disposed of in accordance with the provisions of Section 4 of the Act.

4. The District Collector or the Authorised Officer not below the rank of Mandal Revenue Officer/Tahsildar shall furnish the particulars of lands assigned in his jurisdiction in Form No.ILI to the Registering Officer concerned, within (forty five) 45 days from the date of commencement of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2007 and further continue to furnish such particulars in the same proforma whenever new assignments are made from time to time.

5. Under the proviso to Section 7 of the Act, any person voluntarily disclosing or surrendering the assigned land in his possession within (90) days of commencement of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2007 shall make such voluntary disclosure or surrender to the Collector or Authorised Officer by way of declaration in Form No.IV. On receipt of such declaration, the Collector or the Authorised Officer shall proceed to take immediate possession of the land and dispose of the land as per the provisions contained in Section 4 of the Act.

6. The Government shall issue notification under Section 4 of the Act for notifying area/lands for utilisation for public purpose in Form No.V.

Form-I

Notice under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007

To,

Residing in….. village……Mandal……District.

Whereas, you are found to have been assigned lands as specified in the schedule below;

And whereas, it has come to notice that you have transferred the said assigned land in contravention of the provisions of the sub-section (2) of Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977;

And whereas, under Section 4 of the Act, this land is liable to be resumed to Government for violation of provisions contained in the Section 3 of the Act.

You are hereby directed to show-cause within (fifteen) 15 days of receipt of this notice as to why the assignment made to you should not be cancelled and the land be resumed to Government.

The Schedule

 

Village

Survey No.

Extent
(Acs. Cts)

Details & Date of Patta Certificate issued

Name of the Transferee

Nature of transfer & date

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Place ………….

Date …………..

Signature

Form II

Notice under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007

To,

Residing in……..Village…….Mandal………District.

Whereas, you are found to be the transferee of the assigned lands as specified in the schedule below in contravention of the provisions of the sub-section (2) of Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.

You are hereby directed to show-cause within (fifteen) 15 days of receipt of this notice as to why you should not be summarily evicted from the said assigned lands and as to why any crop or other product raised on land/lands and any building or other construction erected or anything deposited thereon should not be forfeited.

The Schedule

 

Village

Survey No.

Extent
(Acs. Cts)

Description of the land

Name of the Transferor/Assignee

Nature of transfer & date

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Place…………….

Date………………

Signature

Form III

[See Rule 4]

List of Assigned Lands communicated to the Sub-Registrar concerned under Section 5(1) of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977

To,

The Sub-Registrar,

…………

Transfers of assigned lands being prohibited under Section 5 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, the following list containing details of assigned lands are furnished to the Sub-Registrar, ………District …….as per Section 5(1) of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 in the prescribed proforma in the Rules;

As per Section 5(2) of the Act, no registering officer shall accept for registration of any documents relating to the transfer of land as mentioned in the Schedule.

Schedule

 

Name of the Village :

Mandal :

District :

 

Sl. No.

Survey No.

Extent
(Acs. Cts)

Name of the Assignee

Father/Husband Name

Date of Assignment

(1)

(2)

(3)

(4)

(5)

(6)

Place :

Date :

Signature

Form IV

[See Rule 5]

Declaration under Section 7 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977

To,

The District Collector/Authorised Officer,

………………………..District.

Whereas, I am the transferee of assigned lands specified in the Schedule by way of (sale/gift/lease)………in contravention of the provisions of the Section 3 of the A.P. Assigned Lands (POT) Act, 1977;

And whereas, under Section 7 of the Act a provision is made for voluntary disclosure/surrender of such assigned lands;

And now, therefore I am disclosing and surrendering such assigned lands to Government within (90) days from the commencement of the Act as mentioned in the Schedule;

The Collector or the authorised officer may accept the surrender of this land.

Schedule

 

Name of the Village :

Mandal :

District :

 

Village

Name & Address of the Declarant

Survey No.

Extent
(Acs. Cts)

Name of the Assignee

Nature of transfer (by way of sale/gift/lease etc.)

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Place :

Date :

Signature

Form V

[See Rule 6]

Notifications By Government Revenue Department

Notification under clause (c) of sub-section (1) of Section 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977

Whereas, under clause (c) of sub-section (1) of Section 4 of the Act, the Government have been vested with the power/authority to notify certain areas/lands which can be resumed by the Government under Section 4 of the Act for public purpose;

And whereas the Government have decided that such resumed lands will be utilised for public purpose as provided in the Explanation to (b) of sub-section (1) of Section 4 of the Act;

Therefore, in exercise of the powers conferred under clause (c) of sub-section (1) of Section 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, Government of Andhra Pradesh hereby notify the following areas/lands:

 

Sl. No.

Name of District

Name of Mandal

Name of Village

Survey Numbers

(1)

(2)

(3)

(4)

(5)