What is the AP POT Act
1977? - Prohibition of Transfer Rules Explained
Welcome to the aprevenue.com resource
for "The A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (Act 9
of 1977)." This protective legislation, effective from January 21, 1977,
is a cornerstone of the Andhra Pradesh Revenue Department's efforts to
safeguard the interests of landless poor persons. The Act explicitly prohibits
the transfer of lands assigned by the Government for cultivation or as
house-sites. This portal provides comprehensive information on the Act's
provisions, its amendments, and the related rules to ensure transparency and
public awareness.
THE A.P. ASSIGNED LANDS
(PROHIBITION OF TRANSFER) ACT. 1977
(Act 9 of 1977)
Act 9 of 1977 is a protective
legislation which came into force on 21-1-1977. The Act prohibits transfer of
lands assigned to landless poor persons for the purpose of cultivation or as
house-sites and provides for restoration of such transferred lands to the
original assignees and also for punishment to the persons acquiring such lands.
Sec. 4(3) of the Act prohibits
transfer of any land assigned to a landless poor person by way of sale, gift,
mortgage, exchange, lease or otherwise and no right or title in such assigned
land shall vest in any person by way of sale, gift, mortgage, exchange, lease
or otherwise and no right or title in such assigned land shall vest in any
person acquiring the land by such transfer which transaction shall be deemed
never to have taken place. A mortgage in favour of Central Government, or the
State Government or any Local Authority or any registered Co-operative Society
or any Bank shall not be regarded as an alienation.
U/s 3(2) of the Act, the assignee
and the purchaser are barred from entering into such transactions which, if
made, shall be null and void (Sec.3(3). U/s 6, the M.R.O (Authorised officer)
is empowered either suomotu on application (From-1) after making an enquiry and
after the entire price in one lumpsum or the first instalment thereof has
ownership in Form - II and on the issue of such certificate free of all
encumbrances w.e.f. 18-8-1975. The enquiry under this section must be full
pledged one giving opportunity to both the occupant & landowner observing
principles of natural justice.
According to the Act 9 of 1977, the
provisions of Section 3 (1) and 3(2) of the Act shall not apply to any assigned
land which was purchased by another landless poor person in good faith and for
valuable consideration prior to 21-1-1977 and which is in possession of such
purchaser on 21-1-1977. But the A.P. High Court has ruled out in several writ
petition’s that the provisions of the Act are retrospective in operation and
that the Act applies to transfers of assigned lands effected before the
commencement of the Act. It was also held whether the purchaser is a landless
poor acted in good faith and purchased for valuable consideration have to be
determined with reference to date of purchase only (AIR 1980 page 198 and A I R
1980 page 257)
If in any case the District
Collector or the officer authorised by him (M.R.O) is satisfied that the
provisions of Sec.3(1) of the Act are contravened, he shall issue a show-cause
notice in Form 1 to the person in possession of the assigned lands allowing 15
clear days for making the representation. If any representation is received in
time, it shall be considered and if it is held that the provisions of Sec.3(1)
of the Act have been contravened, an order shall be passed, directing the V.A.O
to take possession of such land (Rule 3). The land so taken shall be restored
to the original assignee or his legal heirs, only once. If the restored land is
again transferred by the assignee or his legal heirs, it shall be resumed to
the Government for assignment to any other land-less poor person. (Sec.4(1)(b)).
Any order passed in revision u/s 4(b)u/s4(b) and
subject to such order the decision in appeal any order passed u/s 4(1)u/s4(1) shall
be final and shall not be questioned in any court of law and no injunction
shall be granted by any officer or authority or Government in pursuance of any
power conferred by or under the Act.
4(a) Appeal : (1) Any person aggrieved by an
order passed by the M.R.O under sec.4(1) may within 90 days from the date of
receipt by him of such order, appeal to R.D.O. (2) Any person aggrieved by an
order passed by the R.D.O u/s 4(1)u/s4(1) may
within 90 days from the date of receipt by him of such order, appeal to the
District Collector.
4(b) Revision : The District Collector may in
respect of any proceedings not being a proceeding covered by Section 4(a)(2) on
an application made to him and the Govt. may in respect of any proceedings
either suomotu or on an application made to them call for and examine the
regularity of such proceedings etc. and pass orders modifying, annulling,
reversing or remitting for reconsideration.
The District Collector / M.R.O shall
furnish a copy of the order to the Registration Department whenever any land is
assigned to a landless poor person (Rule 4)
NB
: Whenever
assignment of land is ordered, a copy of the list has to be furnished to
Sub-Registrar.
The Registering Officer shall not
register any document relating to transfer of or the creating of any interest
in assigned land without prior permission of the District Collector concerned
(Sec.5)
Whosoever acquires any assigned
lands in contravention of Sec.3 (2) of the Act shall be furnished with
imprisonment up to 6 months and with fine upto Rs. 2,000/- or with both
(Sec.7(1)). Any person who impedes the officer authorised to take possession of
any assigned land under section 4(1) of the Act shall be furnished with
imprisonment upto 6 months and fine of Rs. 5,000/- or with both (Sec.7(2)).
The sanction of the District
Collector shall be necessary for filing prosecution under section 7 (1) and (2)
of the Act (Sec.7(3)).
Compensatory
afforestation:
Utilization of forest land for other than forest purpose is prohibited.
However, in case the forest land is to be utilized for major projects, the
Ministry of Environments, Forests, Govt. of India may accord permission for
utilisation of forest land for other purpose, provided the Department
/ Organization taking up such projects, finances for afforestation in
non-forest land to the extents of forest land to be utilising for other than
purposes. For the purpose of compensatory afforestation the Govt. of Andhra
Pradesh have envisage to institute Land Bank Scheme by identifying blocks of
Govt. waste lands that are suitable for afforestation, for identification of
the Govt. waste land, the Govt. have constituted
District Level and State Level Committee.
THE ANDHRA PRADESH ASSIGNED LANDS
(PROHIBITION OF TRANSFERS)
(AMENDMENT) ORDINANCE, 2006.
Whereas, the Legislative
Assembly of the State is not now in session and the Governor of Andhra Pradesh
is satisfied that circumstances exist which render it necessary for him to take
immediate action.
Now,
therefore, in exercise of the powers conferred by clause (1) of Article 213 of
the Constitution of India, the Governor hereby promulgates the following
ordinance :
- This
Ordinance may be called the Andhra Pradesh Assigned Lands (Prohibition of
Transfers)
(Amendment) Ordinance, 2006. - It
extends to the whole of the State of Andhra Pradesh.
- It
shall come in to force at once.
- In
the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, in
Section 4, in Sub- Section(b), for clause(b) together with the proviso
there under, the following shall be substituted, namely:
“(b) except in certain areas as may be notified by the Government from time to time depending upon the need and circumstances and on the case by case basis in this behalf, restore the assigned land to the original assignee or his/her legal heir, if the assigned land is being used for the purpose of the
original assignment and it is reasonably practicable to restore it to the original assignee or his/her legal heir.
Provided
that for such restoration, the original assignee or his/her legal heir, as the
case may be, shall be eligible for such land assignment at the time of such
restoration.
Provided further that the
assigned land shall not be restored more than once to either the original assignee
or his/her legal heir as the case may be.
Provided also that in case, the
assigned land can not be so restored to the original assignee or his/her legal
heir due to any of the reasons mentioned above, it shall be resumed to the
Government.
Provided also that the lands
resumed by the Government shall be utilized for weaker sections housing, public
utilities, infrastructure development or for any other public purpose.
Any land, the possession of
which has been taken under clause (a) but the restoration of the same cannot be
made under clause, (b) to the original assignee or his/her legal heir, as the
case may be, shall be resumed by the Government.
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Rules - The
Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 - Issued.
REVENUE (ASSN-POT) DEPARTMENT
G.O.Ms.No.208
G.O.Ms.No.281 Revenue (B1) Department Dt.02-02-1978.
ORDER:
The following Notification will be published in the extraordinary issue of the
AP Gazette dated 22-02-2007.
NOTIFICATION
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 suppression of
the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 1977 issued
in G.O.Ms.No.281 Revenue,
dt.02-02-1978, 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.I 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 abode or to their authorised
agent or by affixing a copy thereof at some conspicuous place of their last
know 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.III 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.
THE POT ACT 1977 HAS BEEN AMENDED BY
THE ACT OF 8 OF 2008
ACT NO.8 OF 2008
AN
ACT FURTHER TO AMEND THE ANDHRA PRADESH ASSIGNED LANDS (PROHIBITION OF
TRANSFERS) ACT,1997
- Be
it enacted by the Legislative Assembly of the State of Andhra Pradesh in
the fifty –aovonth your of the Republic of India as follows.
- This
Act may be called the Andhra Pradesh Assigned Lands (Prohibition of
transfers) (Amendment) Act,2008
- In
the Andhra Pradesh Assigned Lands (Prohibition of transfers) Act, 1997,
(hereinafter referred to as the principal Act), in section 4, in sub
–section (1), for clause (b) and clause (c), the following shall be
substituted, namely
- “(b)
restore the assigned land, other than those lands/areas as may be notified
by the Government from time to time in public interest and for public
purpose.
- (i)
to the original assignee if he or she is eligible as for the norms fixed
in this behalf, as on the date of restoration for one time ; or
- (ii)
Assign to other eligible landless poor person: Provided that where the
original assignee or his legal heir, after the first restoration transfers
the assigned land, the land shall be resumed for assignment to the other
eligible landless poor:
- Provided
further that if no eligible landless poor persons are available in the
village/area, the resumed land will be utilized for public purpose.
- Explanation
:- For the purpose of this clause, “Public interest” and “Public Purpose”
shall mean and include, the weaker section Housing public Utility
infrastructure development, promotion of industries and Tourism or for any
other public purpose:
- (c)
In the areas which may be notified by Government from time to time, lands
resumed under clause 4(a) above shall be utilized for public purpose.
- For
section 5of the principal Act, the following shall be substituted, namely:
- “5.(1)
The District Collector or any other Officer, not below the rank of a
Mandal Revenue Officer authorized by him in this behalf, shall within 45
(forty five) days from the date of commencement a list of lands assigned
to the landless poor persons with all particulars of assignment and
further furnish such particulars of new assignment forthwith.
- (2)
Notwithstanding anything in the Registration Act, 1908, no Registering
Officer shall accept for registration of any document relating to the
transfer of or creation of any interest in any assigned lands as furnished
in the list under sub –section (1)”.
- In
section 7 of the principal Act.
- “Provided
that any person who has voluntarily disclosed and surrendered the assigned
land in his possession or discloses and surrenders the assigned land in
his possession within 90 days from the commencement of Andhra Pradesh
Assigned Lands (prohibition of Transfers) (Amendment) Act, 2006 shall be
exempted from Prosecution.
- 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 clause (a) and (b) of sub – section (1) of section 4 of the Act,
issue notices in form No. I 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 abode or to their authorized agent or
by affixing a copy there of 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 thereupon the land shall be
disposed of in accordance with the provisions of section 4 of the Act.
- 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.III 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.
