Andhra Pradesh (Telangana Area) Land Revenue Act, 1317F

[Act No. 8 of 1317 Fasli]

Preamble

Whereas it is expedient to amend and consolidate the orders and regulations relating to land revenue; it is hereby enacted as follows.-

Section 1 - Short title and commencement

(1) This Act may be called 1[*the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F.] and it shall come into force from its 1st Azur, 1318 Fasli.

2[(1-a) It shall extend to the whole of the 3[Telangana area of the State of Andhra Pradesh.]

(2) Previous rules and orders.-

Rules and orders in force before the commencement of this Act, provided they are not repugnant to the provisions contained in this Act, shall remain in force until rules relating to such matters are made under this Act.

Footnotes:

* Received the assent of the Madar-ul-Moham on 21st Meher 1317-F.

  1. Substituted for the original Short title by A.P. Act IX of 1961.

  2. Inserted by the A.P.A.O. 1957.

  3. Substituted for the words "Hyderabad area of the State of Andhra Pradesh" by A.P. Act IX of 1961.

    Section 1A - Effect of Regulations LX & LXIX of 1358 FasU and Act XXI of 1950 on this Act

    2[With effect from the commencement of the Andhra Pradesh (Telangana Area) Board of Revenue Regulation, 1358-F.) 1[the A.P. (Telangana Area) (Abolition of Jagirs) Regulation 1358F.) and 1[the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (Act XXI of 1950) Regulation LXI of 1358 F. Regulation, LXIX of 1358 F. Act XXI of 1950 respectively, the provisions of this Act are subject to the provisions of the said Regulation and Act.]

    Footnotes:

  4. Substituted for the original Short title by A.P. Act IX of 1961.

  5. Inserted by the A.P.A.O. 1957.

    Section 2 - Definitions

    In this Act unless there is anything repugnant in the subject or context,--

    1[(1) 'Revenue Officer' means every officer of any rank whatsoever appointed under any provision of this Act] or of 2[the Andhra Pradesh (Telangana Area) Record of Rights in Land Regulation, 1358 F.] (Regulation LXIII of 1358 F.) and appointed for carrying on the land revenue administration or who discharges the function relating to survey, assessment and preparation of accounts and records;

    (1-a) 'Survey Officer' means an officer appointed under Section 12 of this Act;

    (1-b) 'land' includes all kinds of benefits pertaining to land or things attached to the earth, or permanently fastened to things attached to the earth and also includes shares in, or charges on, the revenue or rent which are or may be levied on villages, or other defined areas];

    (2) 'number' means a portion of land the area and other particulars of which are separately entered with a number in the village records and shall include 'Pote-number', if any, in a number.

    (3) 'Pote number' means the portion of a 'number' separately assessed and entered in a register.

    (4) 'residential site' means the land set apart for the purposed of construction a house whether a house be constructed thereon or not and also includes the court-yard or ground enclosed by or appurtenant to a house.

    (5) 'boundary marks' means the marks made of earth, stone or any other material, and also a fence, or embankment or any other object, whether natural or artificial, set up, named or fixed by any competent officer, in order to determine the boundary and also include the boundary marks fixed before 1374 F.

    3[(6) 'to hold land or 'to be a land holder' of land means to be lawfully in possession of land whether such possession is actual or not.]

    (7) 'holding' means a portion of land held by a holder.

    (8) 'Superior holder' means a land holder entitled to receive rent or land revenue from other land-holders (hereinafter called 'inferior holders') whether he is accountable or not for such rent or land revenue, or any part thereof to Government;

    (8-a) 'occupation' means possession;

    (8-b) 'to occupy land' means to possess or to take possession of land;

    (8-c) 'occupant means a holder in actual possession of unalienated land other than an asami shikmi; provided that where the holder in actual possession is an asami shikmi, the superior holder shall be deemed to be the occupant;

    (8-d) 'occupancy' means a portion of land held by an occupant;

    4[(9)]

    4[9-a) ]

    (10) 'Inam land' means the land exempted wholly or in part from payment of land revenue and includes 'Muqta' and 'Agrahar' land:

    5[(11) 'Pattadar' means the person who is directly responsible to the Government for payment of land revenue and whose name has been entered as such in Government records whether he be personally in possession of the holding or through his Shikmidar;]

    (12) Shikmidar' means the person who like Pattadar possesses a title to the land or who from the beginning has been jointly in possession of the land with the Pattadar or who, before the commencement of this Act, has acquired by virtue of any regulation in force, or may acquire by virtue of that law the right of a Shikmidar.

    6[(13) 'asami shikmi' means a lessee, whether holding under an instrument or under an oral agreement, and includes a mortgagee of an asami shikmi's rights with possession, but does not include a lessee holding directly under Government;

    (14) 'village' includes a town or city and all the land belonging to a village, town or city;

    (15) 'village officer, means the Patel and Patwari of a village;

    7[(16) 'rent' means the consideration in money or kind or partly in money and partly in kind paid or payable by a Shikmidar to his Pattadar or by an Asami Shikmi to the holder of the land on account of the use or occupation of the land held by him as Shikmidar or Asami Shikmi but shall not include the rendering of any personal service];

    8[(17)' revenue' means the amount payable by the holder to the Government at fixed periods for use of or entry into the land];

    9[(18) 'chavadi includes in any village, in which there is no chavadi, such place as the 10[Collector] may direct shall be deemed to be the chavadi for the purposes of this Act.

    Footnotes:

  6. Amended by Act III of 1355-F.

  7. Substituted for the original short title by A.P. Act IX of 1961.

  8. Substituted by Regulation No. LVIII of 1358-F.

  9. Clause (9) and (9-A) were omitted by the A.P. A.O. 1957.

  10. Substituted by clause (11) of ibid.

  11. Substituted by Regulation No. LVII of 1359-F.

  12. Amended by Act No. 1 of 1354-F.

  13. Substituted for Clause (17) by the A.P.A.O. 1959.

  14. Substituted by Regulation No. LVIII of 1358-F.

  15. Substituted for the word 'Taluqdar' by the A.P.A.O. 1957.

    Section 3 - Chief Controlling Authority in matters relating to land revenue

    (1) The Chief Controlling Authority in all matters relating to land revenue shall be the 2[Board of Revenue constituted under 3[the Andhra Pradesh (Telangana Area) Board of Revenue Regulation, 1358 F). (Regulation LX of 1358 F.) (hereinafter in this Act referred to as the Board of Revenue),] subject to the Government in the Revenue Department.

    4[(2)]

    Footnotes:

  16. Amended by Act III of 1355-F.

  17. Substituted for the word 'Subedar' by the A.P.A.O. 1957.

  18. Substituted for the original short title by A.P. Act IX of 1961.

  19. Sub-section (2) was omitted by the A.P.A.O. 1957.

    Section 4 - [Omitted]

    1[Omitted]

    Footnote:

  20. Section 4 was omitted by A.P A.O. 1957.

    Section 5 - [Omitted]

    1[Omitted]

    Footnote:

  21. Section 5 repealed by A.P. District (formation) Act A.P. Act 7 of 1974.

    Section 6 - Appointment of Collector

    The Government shall appoint in each district a 1[Collector] who shall be subordinate to the 2[Board of Revenue] and shall exercise all the powers and discharge the duties conferred or imposed on a 1[Collector] under this Act, or any other law for the time being in force, and in all matters not specially provided for by law shall act according to the instructions of the Government.

    The Government may, if necessary, appoint in any district 3[Additional Collector] who shall discharge such duties of a 1[Collector] as may, from time to time, be determined by the Government.

    Footnotes:

  22. Substituted for the word "Taluqdar" by the A.P.A.O. 1957.

  23. Substituted for the words "Subedrari-i-Muttalliqa" (concerned Subedar) by ibid.

  24. Substituted for the words "Zaid Taluqdar" (Additional Collector) by ibid.

    Section 6A - Additional Collector or Additional Taluqdar to have had always the same powers and duties as the Collector or Taluqdar

    1[Subject to any special orders of Government in force at the relevant time--

    (a) An Additional Collector shall have and shall be deemed always to have the powers and duties of a Collector; and

    (b) An Additional 2[Taluqdar] shall be deemed always to have had the powers and duties of 2[Taluqdar] within their respective districts, whether under this Act or under any other law for the time being in force read with 3[the Andhra Pradesh (Telangana Area) District Officers (Charge of Designation and Construction of References) Act, 1950 Act XXXV of 1950]

    Footnote:

  25. Substituted by Act No. IX of 1952.

  26. Substituted for the word "Taluqdar" by the A.P.A.O. 1957.

  27. Substituted for the original short title by A.P. Act IX of 1961.

    Section 7 - Appointment of Deputy or Assistant collector

    (1) The Government may appoint in each district so many 1[Deputy or Assistant Collectors], as it may deem expedient, and they may be called Additional 1[Deputy or Assistant Collector] or Divisional officer or by any other name, as may be specified in the order of appointment. All the 1[Deputy or Assistant Collectors] and all other officers, employed in the revenue administration of the district shall be subordinate to the 2[Collector.]

    (2) Duties and powers of 1[Deputy or Assistant Collector].--Subject to the general orders of the Government a 2[Collector] may, for the purpose of revenue administration, place one or more of the taluqs in his district in the charge of any 3[Deputy or Assistant Collector], or may himself retain charge thereof. Any 3[Deputy or Assistant Collector] so made in charge of any taluq shall perform all the duties and exercise all the powers imposed or conferred...

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