Revenue Department - Agricultural Land Reforms Act

DESCRIPTION:
Declaration
Ceiling Area
Increase in Ceiling Area
Publication and Verification of Declaration
Public Notice & Verification
Computation of holding
Enquiry, Determination of Ceiling Area & Surrender
Procedure for taking possession
Computation of Land Value
Assignment of Surplus Land & recovery of Land Value
Appeals
Revision
Duties of authorised Officer
In brief:

A.P. Land Reforms Act came in to force with effect from 1st Jan 1975. Every person whose

holding as on 1.1.75 together with any land transferred by him on or after 24.1.1971 exceeds 10

acres of wet or 25 acres of dry should furnish a declaration in the prescribed form before the Land

Reforms Tribunal. Ceiling area has been decided for a holding depending on several criteria. The

LRT determines as whether the person held any land in excess of the ceiling limit as on 1.1.75.

The ceiling area in the case of a family unit consisting of not more than five members shall be one

extent of land equal to one Standard Holding. An additional extent of one fifth in excess of five is

allowed subject to a ceiling of two standard holdings. Every major son of the owner will get one

more unit of Standard Holding. In case a farmer is having both wet and dry lands, the wet extent is

considered as double of the dry land for calculating the Standard Holding.

A notice in Form - IV is served whose holding is an excess of the ceiling area to file surrender

statement.
 After all conditions are met RDO shall authorize any officer to take possession of the land.

Compensation for the land is payable by the government after taking all points in to consideration

based on certain criteria. All surplus lands vested in government shall be allotted for house sites or

for agricultural purpose. Land value has to be recovered from allottees assigned for agricultural

purpose.

A separate register is maintained to record the land acquired by the Government under this

act known as Surplus Land Register. The undistributed lands are written in the PAHANI Register as

Khreez Khatha under 15 column and the surplus lands so distributed are written as ceiling lands

under the same column.

I. Declaration :

Every person whose holding on the notified date (1-1-75) together with any land

transferred by him on or after 24th January 1971, whether by way of sale, gift, usafructory

mortgage, exchange, settlement, surrender and any land in respect of which a trust has been

created by him on or after 24th January, 1971, exceeds the specified limit (i.e., incase of wet lands

acres 10.00. and dry land acress 25.00) shall within 30 days, from the notified date or within any

extended time limit, shall furnish a declaration in Form-I, in triplicate, in respect of his holding

with full details of the land (Sec.8/18).Where the holding comprises land in more than one Mandal,

the declarant shall furnish an additional copy for each such Mandal (Rule-3).

II. Ceiling Area :

In the case of family unit consisting of not more than 5 members, one standard holding and

for a family unit consisting of more than 5 members, an additional extent of one fifth of one

standard holding for every such additional member shall be allowed but the total extent shall not

exceed two standard holdigns (Sec.4).

III. Increase in Ceiling Area :

Where an individual or a member of a family unit has one or more major sons holding no land

or hold extent of land less than the ceiling area, then the ceiling area of the said individual shall be

increased in respect of each such major son by an extent of land equal to the ceiling area

applicable to him. (Sec.4-A).

The Tribunal, if it has reason to believe that a person is holding land in excess of the ceiling

area shall issue a notice in Form-II requiring him to file declaration of his holding or that of his

family in the prescribed form within such period being not less than 15 days. If he fails to file the

declaration, the tribunal may obtain necessary information in the manner prescribed in Sec.8 (2).
UNMARRIED DAUGHTER GETTING MARRIED :

Under this clause unmarried minor daughters also come within the family unit. To decide

whether a person is qualified to come into family unit or not, the notified date is the crucial date.

The status of persons on that notified date is the creterion for deciding whether he should be

included in the family unit or not. If on the notified date a daughter is married, or a minor son

became married they have to be excluded from the family unit because their status on the notified

date does not qualify them to come within the family unit. Rajagopal Pillai vs. State of Tamil Nadu,

(1972) 2 MLI 507 : AIR 1973 Mnd. 68.

CO-WIDOWS :

Co-Widows are spouses of the husband and each of them will constitute a seperate family

unit within the meaning of the definition. (1976).2.An.W.R.429 : (1976) 2 A.PL.I.277. In a

subsequent decision also it has been held that each of the widow is a spouse of an individual who

had died and who was not alive as on the notified date. It is therefore clear that each of the widows

is a spouse of her husband who was not alive on the notified date. In such a case, each widow will

be an individual who has no spouse and she along with her minor sons and unmarried minor

daughters constitute a family unit within the meaning of sub-clause (ii). State of A.P. vs. Malapati

Parvathamma, (1977) 2 AN.W.R.531.

WOMEN MARRIED TO A PERSON ALREADY HAVING WIFE

The definition of `Family Unit' in the Ceiling Act Contemplates an individual having more

than one spouse. Section 5 of the Hindu Marriage Act lays down that, for solemnisation of a

marriage between two Hindus neither party must have a spouse living at the time of marriage. Any

marriage performed contrary shall be null and void. Therefore a woman who is married to a person

who has already had a living spouse cannot be treated as a spouse in the eye of law. She cannot

therefore be included in the family unit, inspite of the fact that her marriage has not been declared

as null and void by any Court. Pothila Manik Reddy vs. Government of Andhra Pradesh, (1978) 2
An.W.R.188; (1978); ALT 342: (1978) : A.P.L.T.306.

IV. Publication and Verification of Declaration :

The declaration u/s 8 or 18 received in Tribunal Office shall be published as follows :

1) One copy shall be kept in the office of the Tribunal for public inspection.

2) The fact of receipt of such declaration or information and its availability in the office of the

Tribunal shall be published by beat of Tom Tom in village in which the holding or any part thereof

is situated (Rule 4 a&b)

V. Public Notice :

A public Notice in Form IV with the full particulars as furnished in the declaration shall be

published in the manner as prescribed in Rule 4 (2) and a copy of the declaration shall be

furnished to the Authorised Officer.

VI. Verification :

Every declaration shall be refered to the M.R.O. concerned for local inspection and for

verification report (Rupe 4 (4). The M.R.O. shall submit his verification report to the Tribunal with

full details covering all points specified in Rule 4 (5) (a) to (f). A copy of the report shall be furnised

to the declarant and also to the Authorised Officer (Rule 4 (6)

VII. Computation of holding :

In computing the holding of a person or family unit, each land shall be placed in appropriate

class in accordance with its classification as shown in the first schedule in the Act. The extent of

standard holding shall be determined as shown in the following statement (Sec.5)

TABLE

Extent of standard holding

Class of land

(2)
(1)

Wet land other than double crop

Wet - Double crop wet land
wet land
(a) (b)
Hectares Hectares
Class-A 4.05 (10 acres) 6.07 (15 acres)
Class-B 4.86 (12 acres) 7.28 (18 acres)
Class-C 5.46 (13.5 acres) 8.09 (20 acres)
Class-D 6.07 (15 acres) 9.11 (22.5 acres)
Class-E 6.68 (16.5acres) 10.12 (25 acres)
Class-F 7.28 (18 acres) 10.93 (27 acres)
DRY DRY
Class-G - - 14.16 (36 acres)
Class-H - - 16.19 (40 acres)
Class-I - - 18.21 (45 acres)
Class-J - - 20.23 (50 acres)
Class-K - - 22.85 (54 acres)

VIII. Enquiry and Determination of Ceiling Area :

The Tribunal shall fix a date for enquiry and issue notice in Form V to the declarant or to all

other persons having on interest in the land calling, for objections, if any and conduct enquiry. The

Tribunal shall take both oral and recorded evidence adduced for arriving at a firm decision and

pass orders under section 9 determining the excess land to be surrendered.

IX. Surrender of excess land :

A notice in Form VI shall be served on every person, whose holding is in excess of the Ceiling

area to file surrender statement [Rule 7 (1)].

X. Tribunal may refuse to accept the surrender :

The Tribunal may refuse to accept the proposed surrender of any lands if they do not fulfill

the conditions stipulated in Section 10 (5).

The Tribunal shall serve a notice in Form VII in all such cases on the person concerned

directing him to surrender alternate land [Rule 7 (3)].

XII. Calling for objections :

The Tribunal shall publish a notice in Form VIII calling for objections, if any, in the prescribed

manner before accepting the surrender.

XII. Order under Section 10 (3) of the Act. :

After considering the objections, if any, received, the Tribunal shall pass an order u/s 10(3)

of the Act accepting the surrender (Rule 7(4) & (5). The Tribunal shall send a copy of the Order

under section 10 (3) to the declarant. Objectors if any, R.D.O and the M.R.O. concerned [Rule 7(6)].

XIII. Procedure for taking possession on the surplus land :

The R.D.O on receipt of Order under section 10(3) from the Tribunal, shall issue an order in

form IX authorising any Officer not below the rank of Revenue Inspector to take possession of the

land. The Officer authorised shall record a statement from the person, if handing over possession

of the land is voluntary, and record a certificate in Form X, in triplicate and send one copy to the

Tribunal, one copy to the R.D.O and the third to the M.R.O. concerned (Rule 8 (1) to (5) The lands

so surrendered and taken possession shall vest in the Government free from all encumbrances.

XIV. Fixation of compensation for land, fruit bearing trees and structures:

Land value shall be computed in terms of the total land revenue payable on all the lands

surrendered by the person and vested in the Government as prescribed in schedule II. If there are

fruit bearing trees or permanent structures, their value as determined, shall be paid together with
compensation for lands vested in Government.

A Notice in Form XII shall be issued to all persons interested and a notification in Form XIII

with the particulars of land vested in the Government and amount payable therefor shall be

published in the A.P. Gazette and by affixture to the Notice Board of the Office of the Tribunal,

M.R.O's. Office and the Gram Panchayat.

If there is no claim or refusal to accept the compensation, the amount shall be kept in

Revenue Deposits (Sec.15).

XV. Disposal of land vested in Government :

All the surplus lands vested in Government under the Act. shall be allotted for use as house

sites for agriculture labourers, village artisans or other poor persons or for agriculture or for

purposes auxiliary there to as prescribed to weaker sections of the people depending on

agriculture at the following rates.

i) One-half of the total extent of land to the S.Cs and S.Ts;

ii) And in the remaining half, not less than 2/3rds to the Backward Classes;

iii) And in the remaining 1/3rd, the land can be leased out by the Government or reserved for any

common use or benefit of the community.

The maximum limit of land that can be allotted to an individual or a family unit shall be as follows

[Rule 10 (2)] :

For house sites :- not exceeding five cents.

For agriculture :- not exceeding 2½ acres of wet or 5 acres of dry.

XVI. Land value to be recovered from allottees :

Every person to whom the land is allotted shall pay the land value together with the value of

trees and structures therein within a period of 15 years from the date of allotment.

Land Value : 50 times the land revenue on the land, subject to a maximum of Rs.1250/- per

hectare for wet, and Rs.375/- per hectare for Dry (Sec.14(2).

XVII. Appeals :

1) An appeal shall lie within 30 days against an order passed by the Tribunal or R.D.O to the

appellate Tribunal and the Orders passed by the Appellate Tribunal, subject to the revision u/s. 21,

shall be final.

2) Where the Government interests are involved the Authorised officer, on behalf of Government,

shall file an appeal within the time prescribed in Land Reforms Apellate Tribunal through the

Government Pleader.

In Primary Tribunal, the Authorised Officer will argue and file written statements and

arguments instead of Government Pleader. If necessary, the Collector may direct the Government

Pleader to appear in the Primary Tribunal also, to safeguard the interests of Government.

XVII. Revision :

A revision shall lie to the High Court within the prescribed period from any order passed by

the Appellate Tribunal either by parties or by Government on the following grounds :

1) that it exercised jurisdiction not vested in it by law.

2) that it failed to exercise a jurisdiction so vested.

3) that it exercised jurisdiction illegally or with material irregularities.

XIX. Duties of Authorised Officer :

The Authorised Officer shall examine each and every order passed by the Tribunal, Land

reforms Appellate Tribunal. High Court and Supreme Court. If any Government interests are

involved, he should consult the Government Pleader and obtain orders of the Joint Collector and

file necessary appeal or revision in Appellate Court or High Court, as the case may be. The

Government Pleader, High Court will send a copy of High Court Order to the Land Reforms

Commissioner with his legal opinion and the Land Reforms Commissioner will direct the Collector

to file special leave petition or appeal in the Supreme Court. New Delhi drafts necessary
ACTS

A.P.Land Reforms (COAH) Act, 1973

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