Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973
[Act No. 1 of 1973]
[01 January, 1973]
Preamble
An Act to consolidate and amend the law relating to the fixation of ceiling on (Agricultural Holdings) and taking over of surplus lands and to provide for the matters connected therewith.
Be it enacted by the Legislature of the State of Andhra Pradesh in the Twenty-third year of the Republic of India, as follows.-
Section 1 - Short title, extent and commencement
This Act may be called the *Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings Act, 1973.
(2) It extends to the whole of the State of A.P.
(3) 1[It shall come into force on such date as the Government may, by notification in the Andhra Pradesh Gazette, appoint.]
Footnotes:
*. For Statement of objects and Reasons see A.P. Gaz., Part-IV-A (Ext.), dated 31-7-1972.
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Act came into force on 1-1-1975 (Vide A.P. Gazette, (Ext.) dated 18-12-1974).
Section 2 - Declaration as to giving effect to certain directive principles
It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clauses (b) and (c) of Article 39 of the Constitution of India.
Section 3 - Definitions
In this Act, unless the context otherwise requires:-
(a) 'Appellate Tribunal' means the Appellate Tribunal constituted under Section 20; and where no such Appellate Tribunal is in existence the District Collector concerned;
(b) 'bank' means a banking company as defined in Section 6 of the Banking Regulation Act, 1949, and includes the State Bank of India, constituted by the State Bank of India Act, 1955, a subsidiary bank as defined in State Bank of India (Subsidiary Banks) Act, 1959, and a corresponding new bank defined in the Banking companies (Acquisition and Transfer of Undertakings) Act, 1970, and such other financial institution owned, controlled or managed by a State Government or the Central Government as may be notified in this behalf by the Government;
(c) 'ceiling area' means the extent of land 1[specified in Section 4 or Section 4-A] to be ceiling area:
(d) 'double crop wet land' means any wet land registered as double crop or compounded double crop wet land in the land revenue accounts of the Government and includes any wet land not to be registered,--
(i) for which in accordance with any scheme of localisation being adopted under any Government source of irrigation, water is available in both the first and second crop seasons during a Fasli year including the lands covered by Schedule B and Part II of Schedule C appended to the draft rules for the irrigation of lands in the Godavari Western, Eastern and Central deltas published in the Rules Supplement to Part II Extraordinary of the Andhra Pradesh Gazette, dated the 16 the July, 1962;
(ii) on which two crops per Fasli year have or a dufassal crop has been raised with the use of water from a Government source of irrigation in any four Fasli years within a continuous period of six Fasli years immediately before the specified date;
(iii) Which is capable of raising two crops per Fasli year with the use of water from a tube well constructed by the Government or any person;
Provided that--
(a) any land entitled to the supply of water from a Government source of irrigation and on which two irrigated crops per Fasli year have or a dufassal crop has, not been raised with the use of water from such source, in any four Fasli years within a continuous period of six Fasli years immediately before the specified date, for want of supply of water from such source;
(b) any land for which in accordance with any scheme of localisation being adopted under any Government source of irrigation, water is made available during the second crop seasons solely in consideration of the likelihood of the loss of the first crop on account of submersion, salinity, tidal action or the like;
(c) any land to which water has been specifically supplied on a temporary basis for raising a second crop by diversion of water intended for eventual utilisation elsewhere;
(d) any land irrigated by a Government source of irrigation covered by proviso (iii) to sub-section (5);
shall not be deemed to be double crop wet land;
(e) 'dry land' means land registered as dry, manavari, asmantari, baghat or garden land, or special rate dry land, in the land revenue accounts of the Government or assessed as such; and includes any other land, excluding wet land;
(f) 'family unit' means--
(i) in the case of an individual who has a spouse or spouses, such individual, the spouse or spouses and their minor sons and their unmarried minor daughters, if any;
(ii) In the case of an individual who has no spouse, such individual and his or her minor sons and unmarried minor daughters;
(iii) in the case of an individual who is a divorced husband and who has not remarried, such individual and his minor sons and unmarried minor daughters, whether in his custody or not; and
(iv) where an individual and his or her spouse are both dead, their minor sons and unmarried minor daughters.
Explanation:- Where a minor son is married, his wife and their offspring, if any, shall also be deemed to be members of the family unit of which the minor son is a member.
(g) 'Government' means the State Government;
(h) 'Government source of irrigation' means a source of irrigation registered in the land revenue accounts of the Government as such, including a well constructed or maintained by the Government or any local authority; but does not include a spring channel, parrekalava, naddinala, vagunala, kasam, sona, bila, uppalwat bonda, doruvu, bhukri, kole or cross-bunding;
(i) 'holding' means the entire land held by a person,--
(i) as an owner;
(ii) as a limited owner;
(iii) as an usufrutuary mortgagee;
(iv) as a tenant;
(v) who is in possession by virtue of a mortgage by conditional sale or through part performance of a contract for the sale of land or otherwise; or in one or more of such capacities; and the expression "to hold land" shall be construed accordingly;
Explanation:-Where the same land is held by one person in one capacity and by another person in any other capacity, such land shall be included in the holding of both such persons;
(j) 'land' means land which is used or is capable of being used for purposes of agriculture, or for purposes ancillary thereto, including horticulture, forest land, pasture land, waste land, plantation and tope; and includes land deemed to be agricultural land under this Act.
Explanation I:- Where any land is held under ryotwari settlement it shall, unless the contrary is proved, be deemed to be land under this Act;
Explanation II:- 'land' shall not include the land appurtenant to a building;
(k) law' includes any enactment, Ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law;
(l) 'notification' means a notification published in the Andhra Pradesh Gazette; and the expression "notify" shall be construed accordingly;
(m) 'notified date' means the date notified under sub-section (3) of Section 1;
(n) 'owner' includes a person by whom or in whose favour a trust is created; 2[****] and in the case of any land not held under ryotwari settlement, a person who is or would be entitled to the grant of a ryotwari patta or to the registration as an occupant in respect of such land under any law for the time being in force providing for the conversion of such land into ryotwari tenure and where there is no such law, any person holding such land immediately before the specified date otherwise than in any one of the capacities specified in items (ii) to (v) clause (i); 3[but does not include a limited owner].
(o) 'person' includes an individual, a family unit; a trustee, a company, a firm, a society or an association of individuals, whether incorporated or not;
(p) 'prescribed' means prescribed by rules made by the Government under this Act;
(q) 'Revenue Divisional Officer' means the Revenue Divisional Officer within whose jurisdiction the land is situated and includes any officer of the Revenue Department not below the rank of a Deputy Collector empowered by the Government to exercise the powers and perform the functions of the Revenue Divisional Officer under this Act;
(r) 'specified date' means--
(i) in the case of declaration required to be filed under Section 8, the notified date;
(ii) in the case of a declaration required to be filed under Section 18, the date of acquisition, usufructuary mortgage, lease, marriage, adoption or alteration in the classification of the land referred to therein, as the case may be;
(s) 'standard holding' means the extent of land specified in Section 5 to be the standard holding;
(t) 'tenant' means a person who cultivates by his own labour or by that of any other member of his family or by hired labour under his supervision and control, any land belonging to another under a tenancy agreement, express or implied; and includes a person who is deemed to be a tenant under any tenancy law for the time being in force;
(u) 'Tribunal' means a Tribunal constituted under Section 6; and where no such Tribunal is in existence, the Revenue Divisional Officer concerned;
(v) 'wet land' means land registered as wet single crop wet, compounded double crop wet or special rate wet land, in the land Revenue Accounts of the Government or assessed as such; and includes any land not registered as wet which has been;
(i) included in the ayacut of any Government source of irrigation;
(ii) irrigated by water from any Government source of irrigation in any four fasli years within a continuous period of six fasli years immediately before the specified date; or
(iii) irrigated by a tube well constructed by the Government or any person;
Provided that any land which has been registered as wet land in the land revenue accounts of the Government and on which no irrigated crop has been raised with the use of water from a Government source of irrigation in any four fasli years...
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