Andhra Pradesh Land Revenue Code, 1999

 
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Statement of Objects and Reasons

Preamble

Government have been considering the confication and streamling of various laws relating to land and land administration. It is noted that due to historical reasons, different laws have been in operation in the different regions of the State. Commencing from the year 1802, the laws on different reenue subjects have been enacted from time to time.

There are 210 laws which include amendments made to the laws from time to time. From the point of view of their territorial jurisdiction, these laws may be divided into three categories as follows:

(i) the laws which apply to the entire State;

(ii) laws which apply to the Andhra region of the State;

(iii) laws which apply to the Telangana region of the State.

From the point of view of the relevance of these laws, again they may be divided into three categories as follows:

(i) the laws, the purpose of enactment of which is served, except proceedings still pending, or in any extreme case yet to be commenced;

(ii) the laws which have fallen into disuse and are not likely to be used in the future;

(iii) the laws which are still relevant and are in use;

The multiplicity and diversity of these laws has not been conducive to the ready and easy understanding of the provisions of law relating to land by the people in general.

The Government have decided to repeal the laws which have served their purpose or have become out dated and to streamline and simplify various provisions of laws which are relevant now and likely to be used for a long time to come. These provisions which are included in the code have been made in a manner so that they are more responsive to the needs of the present time. Different provisions of laws prevailing in the different regions have been integrated and brought into a comprehensive and handy code to enable the people in general to have a clear understanding of the laws relating to Revenue subjects.

This Bill proposes to give effect to the above decisions.

Appended to L.A. Bill No. 1 of 1999.

A Bill to amend and consolidate the Laws relating to the Land Administration in the State of Andhra Pradesh and for matters connected therewith and incidental thereto.

Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fiftieth Year of the Republic of India as follows:--

Chapter I - PRELIMINARY

Section 1 - Short title, extent and commencement

(1) This Act may be called the Andhra Pradesh Land Revenue Code, 1999.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall come into force on such date as the Government may, by notification, appoint and different dates may he appointed for different provisions of this Code.

In this Code unless the context otherwise requires,--

(1) "Agriculture" with its grammatical variation and cognate expression includes;

(i) horticulture;

(ii) raising of crops, orchards, pasture or garden produce;

(iii) plantation

(iv) forestry;

but does not include the cutting of wood;

(2) "agriculture labourer" for the purpose of Part XIV relating to relief to agricultural labours etc., means a person who does not hold any agricultural land and whose principal means of livelihood is by manual labour on agricultural land, or in a dairy, poultry or aquaculture farm, in the capacity of a labourer on hire or on exchange, whether paid in cash or in kind or partly in cash and partly in kind and whose spouse or any son or any unmarried daughter has also no income from any source other than manual labour on agricultural land or in a dairy, poultry or aquaculture farm, as an agricultural labourer.

(3) "Agricultural Land" means land, which is used for agriculture or is reserved for growing forests and includes

(i) fallow land;

(ii) the sites of farm buildings appurtenant to agricultural land;

(iii) the sites of dwelling houses appurtenant to agricultural land occupied by agriculturists and land appurtenant to such dwelling houses;

(4) "Agricultural Year" means the year which commences on the 1st day of July of a calendar year and ends on the 30th day of June of the next following calendar year;

(5) "Appellate Tribunal" for the purpose of Part XIII relating to ceiling on agricultural lands means the Appellate Tribunal constituted under Section 163 and where no such Appellate Tribunal is in existence the concerned District Collector;

(6) "Ayacut or Command Area" means an area irrigated or capable being irrigated either by gravitational flow or by lift irrigation or by any other method from a Government or corporation source of water and includes every such area whether it is called "ayacut" or by any other name under any law for the time being in force;

(7) "Ayacutdar" means owner of land in an ayacut;

(8) "Bona Vacantla" includes any property situated in the State of which there is no rightful owner, but does not include an escheat or any movable property found in a public place;

(9) "Ceiling Area" and "Standard Holding shall have the same meaning as are assigned to them in Part XIII relating to ceiling on agricultural holdings;

(10) "Certified Copy" or "Certified Extract" means a copy of extracted as the case may be, certified in the manner prescribed by Section 76 of the Indian Evidence Act, 1872, Central Act 1 of 1872;

(11) "Consolidation of Holdings" for the purpose of Part XI relating to prevention of fragmentation and consolidation of holdings means the amalgamation and where necessary redistribution of holdings or portions of holdings in any village or mandal or any part thereof so as to reduce the number of plots in holdings;

(12) "Credit Agency" for the purpose of Part IX relating to Record of Rights, Pattadar pass books and other records means any Banking Company as defined in the Banking Regulation Act, 1949,, the State Bank of India and its subsidiaries, a corresponding new bank, a Regional Rural Bank, a Co-operative Bank or Credit Society by whatever name called and Agricultural Bank and includes any other agency or individual the main object of which is to lend money;

(13) "Creditor" in relation to any loan advanced to any agricultural labourer rural artisan or small farmer, shall not include Central or State Government, or a local authority, or a Co-operative Society including a Land Development Bank or a nationalised or a scheduled bank or any other agricultural labourer, rural artisan or small farmer;

(14) "Debtor" in relation to any loan advanced to any agricultural labourer, rural artisan or small fanner means such agricultural labourer, rural artisan or small farmer who has borrowed loan;

(15) "Distribution System" includes--

(i) all main canals, branch canals, distributories and minor canals, constructed for the supply and distributor of water for irrigation;

(ii) all works, structures and appliances connected with the distribution of water for irrigation;

(iii) all field channels and farm channels and related structures under a pipe outlet;

(16) "District Collector" or "Collector" means the Collector of the concerned district and, where the context so requires, includes Joint Collector and Sub-Collector;

(17) "District Gazette" means, the gazette published in a district and in any district where no such gazette is published the Andhra Pradesh Gazette;

(18) "Double Crop Wet Land" for the purpose of Part XIII relating to ceiling on agricultural holdings 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 so 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 16th 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 irrigatio 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 mace 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 Government source of irrigation covered by proviso (iii) to Section 148.

shall not be deemed to be double crop wet land;

(19) "Drainage System" includes--

(i) channels either natural or artificial for the discharge of waste or surplus water and all works connected therewith or ancillary thereto;

(ii) escape channels from an irrigation or distribution system and other works connected therewith but does not include work for removal of sewage;

(iii) all collecting drains and main drains to drain off surplus water from field drains;

(iv) all field drains and related structures under pipe out let.

(20) "Drainaged work" includes the following;--

(i) natural or...

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