Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Rules, 1974
Complete, point-by-point guide to the Rules framed under the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (Act 1 of 1973). Includes all rules, forms, tables, notifications, and FAQs.
📑 Contents (click to jump)
- 1. Short Title & Commencement
- 2. Definitions
- 3. Procedure for Furnishing Declarations
- 4. Publication & Verification
- 5. Computation of Holdings
- 6. Enquiry & Determination of Ceiling Area
- 7. Surrender of Land
- 8. Taking Possession of Surrendered Land
- 9. Reversion of Land (Mortgage etc.)
- 10. Disposal of Lands Vested in Government
- 10A. Re-transfer of Land
- 11. Value of Fruit-Bearing Trees & Structures
- 12. Manner of Payment
- 13. Declaration by Transferor
- 14. Procedure at Tribunal Sittings
- 14A. Where No Tribunal is Constituted
- 15. Appeal
- 16. Nature of Proceedings
- 17. Revision to High Court
- 18. Sanction of Prosecutions
- 19. Fixation of Taram / Bhangana
- 20. Procedure for Fixing Land Revenue
- Forms I – XV
- Tables I – IX
- Notifications
- FAQs
1. Short Title and Commencement
(1) These Rules may be called the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Rules, 1974.
(2) They shall come into force on the date appointed by the Government under sub-section (3) of Section 1 of the Act.
2. Definitions
In these Rules, unless the context otherwise requires:
- (a) 'Act' means the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (Act 1 of 1973).
- (b) 'declarant' means every person who is required to furnish a declaration under Section 8 or Section 18 of the Act.
- (c) 'form' means a form appended to these Rules.
- (d) 'Table' means a Table appended to these Rules.
- (e) 'Tahsildar' means a Tahsildar holding charge of taluk or a Deputy Tahsildar holding independent charge of a taluk or a sub-taluk and includes a Special Deputy Tahsildar appointed by the District Collector for purposes of these Rules.
3. Procedure for Furnishing of Declarations
(1) Every declaration under Section 8 or Section 18 shall be in Form I and shall be furnished by the declarant in triplicate:
Provided that where the holding of the declarant comprises lands in more than one taluk, the declarant shall furnish an additional copy of the declaration for each such taluk.
Explanation: If a declarant's holding comprises lands in two different taluks, the declarant shall submit the declaration in quadruplicate and so on.
(2) The declaration shall be presented either in person or by an authorised agent in the office of the Tribunal or shall be sent by registered post or recorded delivery with acknowledgement due addressed to the Tribunal. The receipt of every such declaration shall be acknowledged in Form II by an officer authorised in this behalf by the Tribunal.
(3) Every declaration received in the Office of the Tribunal shall be assigned a case number serially for each taluk in which the whole or major part of the holding is situated. The name and address of the declarant and the case number assigned shall be entered in a register maintained for this purpose.
(4) The notice to be issued by the Tribunal under sub-section (2) of Section 8 shall be in Form III.
(5) If any person liable to furnish a declaration under sub-section (2) of Section 8 or under Section 18 fails to furnish the declaration within the specified time, without prejudice to any other action, the Tribunal may proceed to determine the ceiling area.
4. Publication and Verification of Declarations
(1) The declaration furnished or information obtained under Section 8 or Section 18 shall be published in the following manner:
- (a) A copy of the declaration or information shall be kept in the office of the Tribunal for public inspection on any working day in the presence of an officer authorised by the Tribunal.
- (b) The fact of receipt of such declaration or information and its availability for public inspection shall be announced by beat of tom-tom in all the villages in which the holding or any part thereof is situated.
(2) A public notice in Form IV containing the particulars of land and the person holding such land shall be published by affixing a copy on the notice boards of the office of the Tribunal, the offices of Tahsildars and the Gram Panchayats within whose jurisdictions the holding or part thereof is situated.
(3) A copy of the declaration shall be furnished by the Tribunal to the Officer authorised by the Government in this behalf.
(4) Every declaration furnished shall be referred by the Tribunal for local inspection and verification by the Tahsildar within whose jurisdiction the holding or any part thereof is situated.
(5) The Tahsildar to whom a declaration has been referred shall make or cause to be made an inspection or verification as soon as may be practicable, and shall submit a full and complete report as to:
- (a) The correctness of the statements made in the declaration;
- (b) The taram or bhaqanna which each land in the declaration bears or is deemed to bear;
- (c) The correct classification and extent of standard holding of each land;
- (d) The relative proportion of the extent of the land of each class to the extent of a standard holding of the appropriate class;
- (e) The land revenue payable on each land; and
- (f) Such other particulars and information as would be useful to the Tribunal for arriving at a correct determination of the ceiling area and the extent of land, if any, held in excess of the ceiling area.
(6) A copy of the report on its receipt by the Tribunal shall be furnished to the declarant and also the officer authorised by the Government in this behalf.
5. Computation of Holdings
In computing the holding of a person or a family unit consisting of lands of different classes:
- (i) Each land shall be placed in the appropriate class in accordance with its classification as shown in the First Schedule to the Act;
- (ii) The extent of the standard holding shall be determined in respect of each class of land in accordance with Section 5, increasing it whenever required under the provisos to sub-section (1);
Explanation: In the case of a lanka or a padugai land or a land on which a coconut garden, guava garden or grape garden is raised, the land shall first be classified in the appropriate class according to the First Schedule to the Act and the standard holding shall be computed accordingly. Where the standard holding of such class of land so computed is in excess of the maximum specified in proviso (vi) to Section 5(1), the extent of the standard holding shall be restricted to such maximum.
- (iii) The relative proportion of the extent of land of each class to the extent of a standard holding of that class shall be worked out by dividing the extent of the land in that class by the extent of the standard holding for the same class with reference to the conversion factors in the relevant Tables; and the aggregate of all such proportions, worked out up to four decimal places, shall be the extent of the holding of the person in terms of the standard holding.
Illustration I
If a double crop wet land in the delta tract of the West Godavari district bears taram No. 1, it is classified according to Clause 1 of the First Schedule to the Act, under Class A. The extent of standard holding for double crop wet land falling under Class A according to the Table under Section 5(1) is 4.05 hectares or 10 acres. If the actual extent of such double crop wet land is 15.45 cents, then the relative proportion of 15.45 acres of the land to the extent of the standard holding for the class of land with reference to Table II may be arrived at as follows: 1.0000 for 10 acres plus 0.5000 for 5 acres plus 0.0400 for 40 cents plus 0.0050 for 5 cents, which is equivalent to 1.5450 standard holding.
Illustration II
If a single crop wet land lying in settlement group No. 12 in the Telangana area bears 9 annas bbaganna, then according to Clause I of the First Schedule to the Act, the land is classified under Class F for which the standard holding according to the Table under Section 5(1) is 13.93 hectares or 27 acres. If the actual extent of such land is 14.20 guntas, then the extent of the land may be deemed to be equivalent to 14.50 cents according to Table I (conversion of guntas to cents). The relative proportion of 14.50 acres of single crop wet land to the extent of the standard holding for that class of land may be calculated with reference to Table V as equivalent to 0.3704 for 10 acres plus 0.1481 for 4 acres plus 0.0185 for 50 cents, which is equivalent to 0.5370 standard holding.
Illustration III
If a dry land in Badevl taluk which is in settlement Tract III (Badevl, Sidhout and Rajampet taluks) of Cuddapah district bears settlement taram No. 12, then according to Clause 2 of the First Schedule to the Act, the land is classified under Class K. In case that land is situated in the drought-prone area as declared by the Government, the extent of standard holding of 21.85 hectares or 54 acres applicable to Class K has to be increased by 20 per centum according to proviso (ix) to Section 5(1); and therefore the extent becomes ac. 64.80 cents. If the actual extent of such land is ac. 34.87 cents, then the relative proportion of the extent of ac. 34.87 cents of dry land to the extent of the standard holding may be calculated with reference to Table VIII as equivalent to 3×0.1534 for 30 acres plus 0.0617 for 4 acres plus 0.0123 for 80 cents plus 0.0011 for 7 cents, which is equivalent to 0.5380 standard holding.
6. Enquiry and Determination of Ceiling Area
(1) The Tribunal shall fix the date, time and place for an enquiry in respect of the declaration or information published and the objections, if any, received thereto. It shall intimate the same by a notice in Form V to the declarant or the holder of the land in respect of which information has been received, to the other persons interested, to the objectors, if any, and to the officer authorised by Government in this behalf.
(2) On the date fixed for the enquiry, the Tribunal shall hear the declarant or holder, the person interested, the objectors, if any, who may be present, and the authorised officer. It may also give them an opportunity to adduce such evidence, both oral and documentary, as may be necessary. After examining the evidence and such other person or documents as the Tribunal may consider necessary, the Tribunal shall, as soon as may be, pass an order under Section 9 determining whether the person holds or is deemed to hold on the notified date or specified date, as the case may be, an extent of land in excess of the ceiling area, and if so, the extent of land so held in excess as on that date.
7. Surrender of Land
(1) The notice to be served on every person whose holding is in excess of the ceiling area under sub-section (2) of Section 10 shall be in Form VI.
(2) The statement required to be filed by a person under sub-section (2) of Section 10 shall be filed either by presenting it in person or by an authorised agent in the office of the Tribunal, or by sending it by registered post or recorded delivery with acknowledgement due addressed to the Tribunal, within the time specified in the notice referred to in sub-rule (1).
(3) Where the Tribunal proposes to refuse to accept the proposed surrender of any land, it shall serve a notice in Form VII on the person concerned requiring him to surrender any other land in lieu thereof.
(4) The Tribunal shall, before passing an order under sub-section (3), (4) or (5) of Section 10, publish the particulars of land proposed to be surrendered or selected in Form VII in the same manner as provided for publication of the notice in Form IV, and consider the objections, if any, received in pursuance of such publication.
(5) In the case of land liable to be surrendered by an alienee in accordance with the proviso to sub-section (8) of Section 7, the Tribunal shall, after giving an opportunity of being heard to the alienee, pass such orders as it deems fit. Where there are more than one alienee, such surrender shall be in proportion to the extent of such land in the possession of each alienee.
(6) Every order passed by the Tribunal under Section 10 shall be communicated in writing to the declarant and objectors, if any, and a copy thereof shall be marked to the Revenue Divisional Officer and the Tahsildar within whose jurisdiction the land surrendered or deemed to be surrendered is situated.
(7)(a) Where the Tribunal proposes to accept the surrender of any land not being the whole of land situated in a survey number or a sub-division or any land which lies in an un-surveyed area, the Tribunal shall forward one copy of the sketch furnished by the person surrendering the lands to the Tahsildar of the taluk in whose jurisdiction the land proposed to be surrendered lies for getting it provisionally sub-divided or surveyed, before the Tribunal passes a final order accepting such surrender.
8. Taking Possession of Surrendered Land
(2) A copy of the order shall be served on the person who has surrendered or is deemed to have surrendered the land and on any other person in possession or occupation of such land.
(3) Where the person concerned voluntarily delivers possession of the land, the officer authorised to take possession shall record a statement of the person to that effect and also record a certificate in Form X and send the same to the Revenue Divisional Officer under intimation to the Tahsildar and Tribunal concerned.
(4) Where the person concerned fails to voluntarily deliver possession, the officer authorised to take possession may enter on the land and take possession thereof after removing any obstruction or any unauthorised occupant, if necessary, using such force as he thinks fit, and record a certificate in Form X duly attested by two witnesses:
Provided that where there is a seasonal crop on the ground as on the date of taking possession, it shall be allowed to be harvested by the person in actual possession or occupation of the land on that date, as his own risk, and no compensation from the Government for any loss or damage to the crop shall be allowed under any circumstances.
(5) The certificate in Form X shall be prepared in triplicate and a copy in each shall be sent to the Tribunal, the Revenue Divisional Officer and the Tahsildar concerned.
(6) The particulars of all lands so surrendered or deemed to have been surrendered and taken possession of, vesting in the Government free from all encumbrances, shall be entered in a register by the Tahsildar concerned, setting apart separate pages for each revenue village.
(7) All lands vesting in the Government shall be registered in the Revenue accounts of the village as assessed waste Government lands until their allotment or transfer, as the case may be, in accordance with the provisions of the Act, or until their registry is duly altered in accordance with the rules in force relating to Government lands.
9. Reversion of Land Surrendered by Usufructuary Mortgage etc.
(1)(a) Where any land is surrendered or is deemed to have been surrendered under the Act by any usufructuary mortgagee, tenant, or person in possession by virtue of a mortgage by conditional sale or through part performance of a contract for sale or otherwise, the possession of such land shall, as soon as may be after a seasonal crop on the land is harvested, revert to the owner.
(b) Where any land is surrendered or is deemed to have been surrendered under the Act by any limited owner, the possession of such land shall, as soon as may be after a seasonal crop on the land is harvested, revert to the person having a vested interest in the remainder.
(2) Where a person specified in sub-rule (1) fails to deliver possession of the land to the owner or to the person having a vested interest in the remainder, as the case may be, voluntarily, such owner or person may apply to the Revenue Divisional Officer for being put in possession of the land.
(3) The Revenue Divisional Officer shall, after giving an opportunity to the person in possession of making a representation, by order, authorise any officer not below the rank of a Revenue Inspector to take possession of the land and deliver it to such owner or person, as the case may be.
(4) The procedure laid down in Rule 8 shall, so far as may be, apply in taking possession and delivering the land to the owner or person under this rule. A certificate of delivery of possession shall be recorded in Form XI in triplicate and a copy of each shall be sent to the Tribunal, Revenue Divisional Officer and the Tahsildar concerned for purposes of record.
10. Disposal of Lands Vested in the Government
(1) Subject to the reservations provided in the Act, land vested in the Government under the Act shall be allotted by the Tahsildar for use as house sites for agricultural labourers, village artisans or other houseless poor persons; or shall be transferred to landless poor persons for purposes of agriculture or for purposes ancillary thereto in the following manner:
- (i) Displaced tenants having no land;
- (ii) Landless poor persons; and
- (iii) Other poor agriculturists.
Provided that in respect of each category of persons referred to in Section 14 of the Act and in this rule, priority shall be given to persons locally residing, and further, from among whom priority shall be given to an ex-serviceman and a widow of a person employed in the armed forces and who died in a war, belonging to that category.
Provided further that in respect of land surrendered by a Co-operative society, firm or company and vesting in the Government, preference shall, as far as may be practicable, be given to a landless poor person or other poor agriculturist who, as a shareholder of such Co-operative society or company or as a partner of such firm, was cultivating such land on the specified date.
Provided also that land surrendered in the Scheduled Areas shall not be allotted or transferred to persons other than members of the Scheduled Tribes.
(2) The maximum extent of land which may be allotted to an individual or a family unit for use as house-site shall not exceed 0.056 hectares (five cents) and the maximum extent of land which may be transferred to an individual or a family unit for agricultural purposes or for purposes ancillary thereto shall not exceed 1.01 hectares (two and a half acres) of wet land or 2.02 hectares (five acres) of dry land.
(3) The procedure followed for the allotment or assignment of Government lands for use as house-sites or for purposes of agriculture shall mutatis mutandis apply to the allotment or transfer of lands under this rule.
(4) The allotment or transfer of lands shall be made by the Tahsildar concerned subject to the following conditions, namely:
- (a) The allottee or transferee shall pay to the Government the sum specified in sub-section (2) of Section 14 in fifteen equal annual instalments from the date of allotment or transfer, each annual instalment being payable before the 1st day of March of every year.
- (b) Where the land transferred contains any fruit-bearing trees or permanent structures, the transferee shall also be liable to pay the value of such trees or structures, as calculated as per Rule 11, and it shall be recovered in fifteen equal annual instalments along with the sum payable for the land under Clause (a).
- (c) No instalment of the sum payable shall be recovered in a Fasli year in which the land revenue on the land is remitted or suspended, and such instalment shall stand postponed by one Fasli year; the instalment so postponed shall be recovered together with the instalment of the succeeding year.
- (d) The allottee or transferee shall, in addition to the instalment payable under this rule, be liable to pay the land revenue and other rates and taxes, if any, payable on the land.
- (e) Where the land is allotted for use as house site, the allottee shall utilise the same for construction of a house thereon within a period of two years from the date of allotment or such further period as the Tahsildar may permit.
- (f) Where the land is transferred for purposes of agriculture or for purposes ancillary thereto, the land shall be cultivated personally by the transferee or any of the members of his family or by hired labour under the supervision and control of himself or any member of his family.
- (g) All lands allotted or transferred shall be heritable, but shall not be transferable, except by way of mortgage in favour of the Government, a Bank or a Co-operative Society, including a Land Mortgage Bank.
Explanation I: For the purposes of these rules, "poor agriculturist" means a person who or together with the members of his family unit in the aggregate does not own more than 1.01 hectares (2-1/2 acres) of wet land or 2.02 hectares (5 acres) of dry land, and in computing the area owned by such person, 0.405 hectares (one acre) of wet land shall be treated as equivalent to 0.809 hectares (2 acres) of dry land.
Explanation II: While transferring land for purposes of agriculture, the land owned by the transferee or any of the members of his family unit shall be taken into account, such that the land transferred to him under these rules together with the lands already owned by him or the members of the family unit do not, in the aggregate, exceed the maximum extent of 1.01 hectares (2-1/2 acres) of wet land or 2.02 hectares (5 acres) of dry land.
(5) Where any person fails to pay the instalment due or violates any of the conditions of allotment or transfer, the Revenue Divisional Officer may, after giving an opportunity to the person concerned of making a representation in this behalf within thirty days from the date of communication of a notice, pass an order forfeiting the amount already paid and resuming the land, and also authorise any officer not below the rank of a Revenue Inspector to take possession of the land:
Provided that no such land shall be taken possession of until the seasonal crop on the ground is harvested.
(6) Against every order of forfeiture of the amount or resumption of the land passed by the Revenue Divisional Officer, an appeal shall lie to the District Collector within thirty days from the date of the communication of the order.
10A. Re-transfer of Land Vested in Government in Certain Cases
(1) Where as a result of the fresh determination of excess land or approval of fresh surrender of excess land or selection of the land to be surrendered in accordance with the provisions of the Act as amended by the Andhra Pradesh Land Reforms (Ceiling and Agricultural Holdings) Amendment Act, 1977 (Act 10 of 1977), any land vested in the Government under Section 11 is to be re-transferred to the person who surrendered such land, the Tribunal shall pass an order to the effect that the said person is entitled for re-transfer of such land and specify the extent of such land and also the amount, if any, to be repaid by him to the Government in respect of that land, and communicate the order to the Revenue Divisional Officer.
(2) The Revenue Divisional Officer shall, on receipt of the order of the Tribunal under sub-rule (1), ascertain whether such land has been allotted or transferred to any person prior to the 30th April, 1977. Where such land has not been allotted or transferred, the Revenue Divisional Officer shall issue a notice to the person who surrendered the land intimating that the land shall be re-transferred to him on repayment of the amount specified in the notice, being the amount paid to him by the Government in respect of that land, within such time as may be specified in the notice. On such repayment, the Revenue Divisional Officer shall issue an order authorising an officer not below the rank of a Revenue Inspector to deliver possession of the land to such person. The Revenue Inspector shall, in pursuance of the said order, deliver possession of the land and furnish a certificate to the effect in Form XI-A.
(3)(a) In any case where the Revenue Divisional Officer has found that the land to be re-transferred has been allotted or transferred to any person prior to the 30th April, 1977, he shall furnish a report of the case to the District Collector specifying the period during which such allottee or transferee has been in possession of the land and the extent to which such allottee or transferee has incurred any expenditure on making improvements to such land. On receipt of such report, the District Collector shall determine whether or not such land should be resumed from the allottee or transferee. Where the District Collector determines that such land should be so resumed, he shall direct the Revenue Divisional Officer to resume possession of the land from the transferee or allottee for being re-transferred to the person who surrendered such land. On such direction, the Revenue Divisional Officer shall resume possession of the land and take action in accordance with the provisions of sub-rule (2):
Provided that no possession of the land shall be resumed until after a seasonal crop on the land raised by the transferee is harvested by him.
(b) In lieu of land so resumed and re-transferred, the District Collector shall direct the Revenue Divisional Officer to take steps to allot or transfer to the allottee or transferee any other land vesting in the Government.
(4) In case where the District Collector considers that the resumption of land from the allottee or transferee is likely to cause undue hardship to him, the District Collector shall, after obtaining the approval of the Government, pay to the person who is entitled to receive the amount in respect of the land under the Act, in lieu of re-transferring the land, a sum equal to the amount as determined, in accordance with the proviso to sub-section (5) of Section 7 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Amendment Act, 1977 (Act 10 of 1977).
(5) Where, as a result of the orders passed by the Appellate Tribunal on an appeal filed under Section 20 or by the High Court on an application for revision filed under Section 21 of the Act, any land vested in the Government under Section 11 is to be re-transferred to the person who surrendered such land, the Tribunal shall pass an order to the effect that the said person is entitled to transfer of such land and it shall specify the extent of such land and also the amount, if any, to be repaid by him to the Government in respect of that land, and communicate the order to the Revenue Divisional Officer.
(6) The Revenue Divisional Officer shall, on receipt of the order of the Tribunal under sub-rule (5), ascertain whether such land has been allotted or transferred to any person. Where such land has not been allotted or transferred, the Revenue Divisional Officer shall issue a notice to the person who surrendered the land intimating that the land shall be re-transferred to him on repayment of the amount specified in the notice, being the amount paid to him by the Government in respect of that land, within such time as may be specified in the notice. On such repayment, the Revenue Divisional Officer shall issue an order authorising an Officer not below the rank of a Revenue Inspector to deliver possession of the land to such person. The Revenue Inspector shall, in pursuance of the said order, deliver possession of the land and furnish a certificate to the effect in Form XI-A.
(7)(a) In any case where the Revenue Divisional Officer has found that the land to be re-transferred has been allotted or transferred to any person, he shall resume possession of the land from the transferee or allottee for being re-transferred to the person who surrendered such land and take action in accordance with the provisions of sub-rule (6):
Provided that no possession of the land shall be resumed until after a seasonal crop on the land raised by the transferee is harvested by him.
(b) In lieu of the land so resumed and re-transferred, the Revenue Divisional Officer shall take steps to allot or transfer to the allottee or transferee any other land vesting in the Government.
(8) The Revenue Divisional Officer shall cause necessary changes to be effected in the relevant village accounts in respect of the lands dealt with under this rule.
11. Fixation of Value for Fruit-Bearing Trees and Structures etc.
(1) The amount payable for fruit-bearing trees shall be at the seignorage rates notified by the District Forest Officer as applicable to the district from time to time. The Tribunal may require the District Forest Officer in whose jurisdiction the land is situated to furnish an estimate of the amount payable for such trees.
(2) The amount payable for structures of permanent nature shall be equivalent to the depreciated value of the structure as on the specified date. For this purpose, the Tribunal may require the Executive Engineer, Roads and Buildings Division, in the district to furnish an estimate of the depreciated value of such structure.
12. Manner of Payment
(1) A notice in Form XII shall be issued by the Tribunal to every person known or believed to be interested in the land vested in the Government for determining the amount payable under Section 15.
(2) The notification containing particulars of lands vested and the amount payable therefor shall be in Form XIII, and such notification shall be published in the Andhra Pradesh Gazette and shall also be affixed to the notice boards at the office of the Tribunal, the Taluk Office and the Gram Panchayat Office in whose jurisdiction the lands are situated. The fact of such publication shall also be announced by beat of tom-tom in all the villages in which the lands are situated.
(3) Where there is no claim by any person as being entitled to receive the payment or where a person entitled to receive the payment refuses to receive the amount, the Tribunal shall deposit the amount in the sub-treasury as a revenue deposit.
13. Form of Declaration to be Filed by a Transferor at the Time of Registration
(1) The declaration to be filed with the registering office under sub-section (1) of Section 19 shall be in Form XIV.
14. Procedure at the Sittings of Tribunal and Appellate Tribunal
(1) Where a Tribunal is constituted under Section 6:
- (a) The Chairman of the Tribunal shall preside at all the meetings of the Tribunal;
- (b) The Chairman of the Tribunal shall fix the date, time and place of hearing of each case;
- (c) The quorum for every meeting of the Tribunal consisting of two or three members shall be two including the Chairman, except as otherwise provided in these rules;
- (d) All decisions of the Tribunal shall be by a majority opinion of the members present, and where the opinion is equally divided, the decision of the Chairman shall be the decision of the Tribunal;
- (e) If any member of the Tribunal other than the Chairman is interested in any proceeding before the Tribunal, such member shall withdraw from such proceedings. If there is any doubt about the alleged interest of any member in any proceeding, the decision of the Chairman in this regard shall be the decision of the Tribunal;
- (f) Where a meeting is adjourned for want of quorum and there is no quorum at the adjourned meeting also, the Chairman shall himself dispose of the business at the adjourned meeting, and the decision of the Chairman in such case shall be deemed to be the decision of the Tribunal.
(2) The provisions of sub-rule (1) shall apply in relation to an Appellate Tribunal constituted under Section 20 with the substitution of reference to the Appellate Tribunal for reference to the Tribunal.
14A. Where No Tribunal is Constituted
Where no Tribunal has been constituted under Section 6, and if the Revenue Divisional Officer who is functioning as Tribunal under Section 3(u) is interested in any proceeding before him, the Appellate Tribunal having jurisdiction over such Tribunal may, either suo motu or on an application and for reasons to be recorded in writing, transfer any proceeding before such Revenue Divisional Officer functioning as Tribunal to any other Revenue Divisional Officer functioning as Tribunal within its jurisdiction.
15. Appeal
(1) Every appeal under Section 20 shall be in writing and shall bear a Court-fee stamp of Rs. 10. It shall be presented in person or by an authorised agent in the office of the Appellate Tribunal (or of the Tribunal at any of the District headquarters falling within the jurisdiction of the Appellate Tribunal) or sent by registered post or recorded delivery with acknowledgement due addressed to the Appellate Tribunal:
Provided that no Court-fee stamp shall be affixed to any appeal filed by or on behalf of the Government.
(1-A) Every appeal presented in the office of the Tribunal at the district headquarters under sub-rule (1) shall be transmitted by the Tribunal to the Appellate Tribunal immediately.
(2) Every appeal shall set forth concisely the grounds thereto and shall be accompanied by an authentic copy of the order appealed against and sufficient number of spare copies of the appeal petition, for service on the officer authorised by the Government in this behalf, the Principal Government Pleader of the district and the respondents mentioned therein.
(3) The Appellate Tribunal shall, before hearing the appeal, give notice to the parties concerned fixing the date, time and place at which such appeal shall be heard. The notice shall be in Form XV, and in the case of notice to respondents, such notice shall be accompanied by a copy of the appeal petition. Where in any case, other than in an appeal filed by the Government, the Government are not made the respondent, the Appellate Tribunal shall include the Government as a respondent and issue the notice to the officer authorised by the Government in this behalf and the Principal Government Pleader of the district, accompanied by a copy of the appeal petition.
(4) The Appellate Tribunal may, pending disposal of the appeal, stay the orders of the Tribunal or Revenue Divisional Officer appealed against.
16. Nature of Proceedings Before the Tribunal
(1) All proceedings before the Revenue Divisional Officer, the District Collector, Tribunal or the Appellate Tribunal shall be summary and shall be governed, as far as may be, by the provisions of the Code of Civil Procedure, 1908.
(2) Subject to the other provisions of these Rules, the Revenue Divisional Officer, the District Collector, the Tribunal and the Appellate Tribunal may regulate the proceedings before him or it in such manner as he or it may deem fit.
(3) The hearing and enquiries by the Revenue Divisional Officer, the District Collector, the Tribunal and the Appellate Tribunal shall be in public.
(4) All decisions of the Revenue Divisional Officer, the District Collector, Tribunal and the Appellate Tribunal shall be in writing and shall set forth the reasons for the same.
(5) The Revenue Divisional Officer, the District Collector, Tribunal and the Appellate Tribunal shall have the power:
- (a) To make orders incidental or ancillary to the decisions of such officer or authority;
- (b) To correct any clerical or arithmetical mistakes in judgments or errors arising therein from any accidental slip or omission, either of its own motion or on the application of the parties. (Substituted by G.O.Ms.No.403 dated 6-4-1976).
(6) A party shall be entitled to be represented by his agent or legal practitioner in any proceedings before the Revenue Divisional Officer, the District Collector, Tribunal or Appellate Tribunal.
(7) Any person, other than a party, who satisfies the Revenue Divisional Officer, the District Collector, Tribunal or the Appellate Tribunal that he has substantial interest in the matter, may at any time during the pendency of the proceedings be permitted to appear and be heard and to adduce evidence and cross-examine witnesses.
(8) Every notice or summons under the Act or these Rules shall be issued under the signature of the Revenue Divisional Officer, the District Collector, the Chairman of the Tribunal or Appellate Tribunal, as the case may be, or under his facsimile signature, or under the signature or facsimile signature of an officer authorised in this behalf.
(9) Every notice or summons issued or order passed by the Tahsildar, Revenue Divisional Officer, District Collector, Tribunal or Appellate Tribunal shall be served or communicated to the persons concerned either by personal delivery to him or, where the above course is not feasible, by sending it by post under certificate of posting to his address at the last known place of residence:
Provided that where a notice, summons or order is sent under certificate of posting, it shall be deemed to have been served on such person on the date on which it would, in the usual course of post, be received by the addressee.
(10) In making any enquiry under the Act, the Revenue Divisional Officer, the District Collector, the Tribunal, or Appellate Tribunal shall have the power:
- (a) To summon witnesses and call for the production of any documents, including any public record;
- (b) To examine the parties and witnesses on oath and affirmation and reduce into writing the statement made by the persons so examined, to receive on affidavits and to issue commissions for examination of witnesses;
- (c) To enter upon and inspect any land, but not a dwelling house, and do any other act which in his or its opinion may be necessary for carrying out the provisions of the Act or these Rules.
(11) Every miscellaneous application filed before the Revenue Divisional Officer, the District Collector, Tribunal or Appellate Tribunal shall bear a Court-fee stamp of one rupee.
17. Revision to High Court
(1) The period for filing an application for revision to the High Court shall be ninety days from the date of communication of the order, and every such application for revision shall bear a Court-fee stamp of five rupees if the value of the proceeding to which the order sought to be revised relates does not exceed Rs. 1000, and ten rupees if it exceeds Rs. 1,000.
(2) The rules issued by the High Court from time to time for filing applications for revisions before it shall apply mutatis mutandis to an application for revision under the Act.
18. Sanction of Prosecutions
(1) Before according any sanction for prosecution under the Act, the District Collector shall issue a show cause notice to the person who is proposed to be prosecuted, giving him an opportunity of making a representation in writing, and consider such representation. Where the District Collector is satisfied that prima facie the person has committed the offence wilfully and without reasonable cause or excuse and that the person should be prosecuted in the interest of justice, he shall accord the sanction for taking cognizance of the offence by the Court.
(2) Every sanction for prosecution shall be in writing and shall set out the reasons for sanctioning the prosecution.
19. Fixation of Taram or Bhangana for a Land for Which No Taram or Bhangana Exists
(1) For fixing the taram or bhangana in respect of a land for which no taram or bhangana is recorded in the revenue or settlement records of the Government, or which bears a taram or bhangana not shown in the Table under Clause 1 or Clause 2 of the First Schedule to the Act, the Tahsildar shall, subject to confirmation by the Tribunal and after issue of a notice to the party affected, provisionally determine the taram or bhangana having due regard to the taram or bhangana of a similar land in the vicinity for which a taram or bhangana has been specified in the said Table.
(2) For fixing a taram or bhangana of a land deemed to be dry or wet under the Act, but is registered as wet or dry land in the land revenue accounts of the Government, the Tahsildar shall, subject to confirmation by the Tribunal and after issue of a notice to the party affected, provisionally determine the same having due regard to the taram or bhangana of a similar registered dry or wet land in the vicinity.
20. Procedure for Fixing Land Revenue in Certain Cases
For fixing the land revenue in respect of the land falling within any of the provisos to Explanation to the Second Schedule of the Act, the Tahsildar shall, subject to confirmation by the Tribunal and after issue of a notice to the party affected, provisionally determine the land revenue having due regard to the land revenue payable for similar land in the vicinity.
Forms I – XV (Complete Details)
The rules prescribe the following forms for various purposes. Key contents of each form are summarised below.
Form I – Declaration (See Rule 3)
Contains the full name of the declarant, father's/husband's name, postal address, whether declaration is on his own behalf or on behalf of any other person, whether it relates to an individual, family unit, trust, company, firm, society, association of individuals. If a family unit, details of members as on the specified date (name, relationship, date of birth, age). Enclosures I to VI require details of:
- Enclosure I: All lands held as owner by the declarant (and family unit members) on the specified date – district/taluk/village, S.No., sub-division, double crop wet / single crop wet / dry, source of irrigation, whether lanka/padugai/coconut garden/guava garden/grape garden, extent, and if in possession of any other person, full name and address.
- Enclosure II: All lands owned by others but held by the declarant (or family unit) as limited owner, usufructuary mortgagee, tenant, or in any other capacity on the specified date – similar details plus full name and address of owners and capacity held.
- Enclosure III: All lands held as owner on 24th January, 1971 but transferred (sale, gift, usufructuary mortgage, exchange, settlement, surrender, or otherwise) or in respect of which a trust was created on or after that date – details of transfer/trust, date, transferee, registration details.
- Enclosure IV: Lands converted into non-agricultural lands within 5 years before the notified date – district/taluk/village, S.No., sub-division, whether double crop wet or single crop wet or dry before conversion, extent, nature and date of conversion.
- Enclosure V: Lands on which there are encumbrances – district/taluk/village, S.No., sub-division, double crop wet / single crop wet / dry, extent, nature of encumbrance, details of registered document, full name and address of person interested.
- Enclosure VI: Lands held as owner in any other part of India outside the State as on the specified date – state/dist./taluk/village, S.No., sub-division, double crop wet / single crop wet / dry, extent, whether any declaration filed under any law relating to ceiling on agricultural holdings in that State and date.
Notes: For definitions of double crop wet land, family unit, wet land, refer to Sec. 3(d), 3(f), 3(v) of the Act. In the case of a family unit, all particulars in each Enclosure shall be furnished in three parts: Part I – adult male members; Part II – adult female members; Part III – minor sons/unmarried minor daughters including offspring of minor sons. All lands held by a person including a member of the family unit separately shall be declared together with the share to which such person or member is entitled in lands held by a joint family, co-operative society, company, firm. If a person is the author of a recoverable private trust, the lands owned or held by such private trust shall be declared by that person as his own lands. If a person is a beneficiary of a non-recoverable private trust, such person shall declare that portion of the land relatable to his interest in such trust or the income derived therefrom as his own lands. Where a trust is partly private and partly public, the lands covered by that part of the trust relatable to the private trust shall be declared as his own by the person creating the trust or the beneficiaries, as the case may be. Declaration shall be furnished in triplicate; if holding comprises lands in more than one taluk, an additional copy for each taluk shall be filed.
Form II – Receipt (See Rule 3)
Acknowledgement of receipt of declaration in the office of the Land Reforms Tribunal, showing date, name of declarant, and ceiling case number assigned.
Form III – Notice (See Rule 3(4))
Notice under Section 8(2) requiring a person to furnish a declaration in triplicate in Form I on or before a specified date, failing which prosecution under Section 24.
Form IV – Public Notice (See Rule 4(2))
Public notice that declarations have been received or information obtained, with schedule of declarant name, case no., date of receipt, total members of family unit, taluk/village, S.No./sub-divn., wet or dry, extent, capacity held. Objections may be filed within 15 days.
Form V – Notice of Enquiry (See Rule 6(1))
Notice that an enquiry under Section 9 will be held on a specified date, time and place to determine whether the extent of land held is in excess of the ceiling area. A copy of the verification report is furnished.
Form VI – Notice to Surrender Excess Land (See Rule 7(1))
Notice under Section 10(2) requiring the person to file a statement showing location, description and other particulars of land proposed to be surrendered, failing which the Tribunal will select the land under Section 10(4).
Form VII – Notice Refusing Surrender (See Rule 7(3))
Notice that the Tribunal proposes to refuse to accept the surrender of lands proposed, with reasons, requiring the person to file a statement showing full details of other lands to surrender in lieu thereof.
Form VIII – Public Notice of Proposed Surrender (See Rule 7(4))
Public notice that lands specified in the schedule are proposed to be surrendered or selected for surrender under Section 10, with objections invited within 15 days.
Form IX – Order to Take Possession (See Rule 8(1))
Order by Revenue Divisional Officer to take possession of lands surrendered or deemed surrendered under Section 11, directing delivery of possession, with provision for seasonal crop.
Form X – Certificate for Taking Possession (See Rule 8(3), (4) & (5))
Certificate in triplicate that possession of lands described in the schedule has been taken on a specified date, with witnesses.
Form XI – Certificate of Delivery of Possession to Owner (See Rule 9(4))
Certificate in triplicate that possession of lands has been taken and delivered to the owner or person having vested interest in the remainder.
Form XI-A – Certificate of Delivery of Possession of Re-transferred Land (See Rule 10-A(2) & (6))
Certificate in triplicate that possession of re-transferred land has been delivered to the person entitled.
Form XII – Notice for Determining Amount Payable (See Rule 12(1))
Notice to persons interested in lands vested in Government that the Tribunal proposes to determine the amount payable under Section 15.
Form XIII – Notification of Lands Vested and Amount Payable (See Rule 12(2))
Notification published in the Andhra Pradesh Gazette that lands have vested in Government under Section 11, inviting claims for the amount payable within 30 days.
Form XIV – Declaration by Transferor (See Rule 13)
Declaration in duplicate under Section 19(1) that the transferor's holding does not exceed the ceiling area, with schedule in two parts: Part A – lands held by transferor; Part B – lands held by other members of family unit.
Form XV – Notice of Appeal (See Rule 15(3))
Notice that an appeal has been filed under Section 20(3), with date, time and place of hearing, and copy of appeal petition enclosed.
Tables I – IX (Conversion Factors for Standard Holdings)
These tables provide conversion factors for extents in acres and cents to standard holdings for different classes of land (A to K), including double crop wet, single crop wet, dry lands, drought-prone areas, and lankas/padugais/coconut gardens/grape gardens/guava gardens.
Table I – Conversion of Guntas to Cents
1 acre = 40 guntas = 100 cents. Table gives cents for each gunta from 1 to 40.
Table II – Double Crop Wet Lands (Classes A to F)
Standard holdings: A=10 acres, B=12, C=13.50, D=15, E=16.50, F=18. Conversion factors for acres/cents to standard holdings.
Table III – Double Crop Wet Lands (Godavari Delta, 12.5% enhancement)
Classes A to F with enhanced standard holdings: A=11.25, B=13.50, C=15.19, D=16.88, E=18.56, F=20.25 acres.
Table IV – Double Crop Wet Lands Irrigated by Private Tube Wells (25% enhancement, max 81 acres)
Classes A, B, C, and (D, E & F) with standard holdings: A=12.50, B=15.00, C=16.88, D/E/F=18.00 acres.
Table V – Single Crop Wet Lands (Classes A to F)
Standard holdings: A=15, B=18, C=20, D=22.5, E=25, F=27 acres.
Table VI – Single Crop Wet Lands Irrigated by Class-V Government Sources (16.5% enhancement)
Enhanced standard holdings: A=17.44, B=20.93, C=23.25, D=26.16, E=29.06, F=31.39 acres.
Table VII – Dry Lands (Classes G to K)
Standard holdings: G=35, H=40, I=45, J=50, K=54 acres.
Table VIII – Dry Lands in Drought Prone Areas (12.5% or 20% enhancement)
Enhanced standard holdings: G=39, H=45, I=54, J=60, K=65 acres.
Table IX – Lankas, Padugais, Coconut Gardens, Grape Gardens, Guava Gardens
Standard holding = 27 acres. Table applies only if the class of land has standard holding exceeding 27 acres.
Notifications
1. Re-designation of Land Reforms Appellate Tribunals (G.O.Ms.No. 793, dated 3-12-1995)
In exercise of powers under Section 20(1) of the Act, the Governor re-designated the following Land Reforms Appellate Tribunals as Additional District and Sessions Courts of their respective districts: East Godavari, West Godavari, Warangal, Nalgonda, Karimnagar, and Ranga Reddy.
2. Re-Constitution of Six Appellate Tribunals (G.O.Ms.No. 701, dated 13-7-1994)
Constituted Appellate Tribunals with headquarters and jurisdiction:
| Sl. No. | Name of Appellate Tribunal | Head Quarters | Jurisdiction |
|---|---|---|---|
| 1. | Land Reforms Appellate Tribunal, Kakinada | Kakinada | East Godavari District |
| 2. | Land Reforms Appellate Tribunal, Eluru | Eluru | West Godavari, Krishna & Guntur Districts |
| 3. | Land Reforms Appellate Tribunal, Nalgonda | Nalgonda | Nalgonda District |
| 4. | Land Reforms Appellate Tribunal, Warangal | Warangal | Warangal and Khammam Districts |
| 5. | Land Reforms Appellate Tribunal, Karimnagar | Karimnagar | Karimnagar, Nizamabad and Adilabad Districts |
| 6. | Land Reforms Appellate Tribunal, Ranga Reddy | Hyderabad | Ranga Reddy and Medak Districts |
3. Land Committee – Koneru Ranga Rao Recommendations (G.O.Ms.No.563, dated 31.3.2008)
Government decided to issue instructions to all District Collectors that while following existing guidelines for assignment of land, they should also take into account total land available for assignment in the village, number of beneficiaries, nature of land (wet or dry), and viability of the size of land holding being assigned, while ensuring wider coverage among all eligible aspirants.
4. Implementation of Recommendations 4.2 & 4.3 (G.O.Ms.No.655, dated 9.5.2008)
Recommendation 4.2: MRO may be empowered to resume ceiling surplus lands in case of violation of conditions of allotment/transfer, as in the POT Act. Recommendation 4.3: Allotment of ceiling surplus land to landless poor shall be done free of cost in the case of assignment of Government lands. Government issued amendment to Sec. 14(2) & (5) of the Act vide Act No.3 of 2008 dated 16-4-2008.
5. Amendment Act 2008 – Coming into Force (G.O.Ms.No.786, dated 25-6-2008)
The Governor appointed 16th April, 2008 as the date on which the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Amendment Act, 2008 (Act No.3 of 2008) shall come into force.
6. Grant of Exemption for Prawn/Pisciculture Projects (G.O.Ms.No.878, dated 15-07-2008)
Government relaxed conditions regarding ceiling limits of land holding for individual entrepreneurs intending to take up Pisciculture/Prawn Culture to a maximum limit of 100 hectares to encourage integrated projects.
❓ Frequently Asked Questions (Click to expand)
What is the main objective of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Rules, 1974?
Who is a 'declarant' under these rules?
In how many copies must a declaration be filed?
What is the maximum extent of land that can be allotted for a house site?
What is the maximum extent of agricultural land that can be transferred to a landless poor person?
Can allotted or transferred land be sold?
What happens if an allottee fails to pay instalments or violates conditions?
How is the value of fruit-bearing trees and permanent structures determined?
What is the time limit for filing a revision application in the High Court?
Is there any exemption for prawn/pisciculture projects?
What is the priority order for disposal of lands vested in the Government?
How is the ceiling area computed for lands of different classes?
What is the role of the Tahsildar in the verification process?
Can a party be represented by a legal practitioner?
What is the court-fee for filing an appeal under Section 20?
This is a comprehensive summary of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Rules, 1974. For authoritative legal reference, please consult the official Gazette or the bare Act.
