Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977

An Act to prohibit transfers of certain lands assigned to landless poor persons in the State of Andhra
Pradesh.
Be it enacted by the Legislature of the State of Andhra Pradesh in the Twenty-eight Years of the
Republic of India as follows:-
1. Short title, extent and commencement:- (1) This Act may be called the Andhra Pradesh Assigned
Lands (Prohibition of Transfers) Act, 1977.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on the 21st January, 1977.
Object & Reasons6
2. Definitions:- In this Act, unless the context otherwise requires,-
(1) "assigned land" means lands assigned by the Government to the landless poor persons under the
rules for the time being in force, subject to the condition of non-alienation and includes lands allotted or
transferred to landless poor persons under the relevant law for the time being in force relating to land
ceilings ; and the word "assigned" shall be construed accordingly ;
Explanation:- A mortgage in favour of the following shall not be regarded as an alienation, namely,-
(i) the Central Government, or the State Government or any local authority ;
(ii) any co-operative society registered or deemed to be registered under the Andhra Pradesh Co-
operative Societies Act, 1964; and
(iii) any bank which includes,-
(a) the Agricultural Development Bank ;
(b) the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934 ;
(c) the State Bank of India constituted under the State Bank of India Act, 1955 ;
(d) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 ; and
(e) a corresponding new bank constituted under Section 3 of the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1970 ;
(2) "Government" means the State Government ;
(3) "landless poor person" means a person who owns an extent of land not more than 1.011715
hectares (two and half acres) of wet land or 2.023430 hectares (five acres) of dry land or such other
extent of land as has been or may be specified by the Government in this behalf, from time to time and
who has no other means of livelihood.
Explanation:- For the purposes of computing the extent of land under this Clause, 0.404686 hectares
(one acre) of wet land shall be equal to 0.8093672 hectares (two acres) of dry land ;
(4) "notification" means a notification published in the Andhra Pradesh Gazette and the word "notified"
shall be construed accordingly;
(5) "Prescribed" means prescribed by rules made by the Government under this Act ;
(6) "transfer" means any sale, gift, exchange, mortgage with or without possession, lease or any other
transaction with assigned lands, not being a testamentary disposition and includes a charge on such
property or a contract relating to assigned lands in respect of such sale, gift, exchange, mortgage, lease
or other transaction.
3. Prohibition of transfer of assigned lands:- 

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(1) Where before or after the commencement of this Act any land has been assigned by the Government
to a landless poor person for purpose of cultivation or as a house-site then, notwithstanding to the
contrary in any other law for the time being in force or in the deed to transfer or other document relating
to such land, it shall not be transferred and shall be deemed never to have been transferred, and
accordingly no right or title in such assigned land shall vest in any person acquiring the land by such
transfer.
(2) No landless poor person shall transfer any assigned land, and no person shall acquire any assigned
land, either by purchase, gift, lease, mortgage, exchange or otherwise.
(3) Any transfer or acquisition made in contravention of the provision of sub-section
(a) of sub-section (b) shall be deemed to be null and void.
(4) The Provisions of this section shall apply to any transaction of the nature referred to in sub-section
(2) in execution of a decree or order of a Civil Court or of any award or order of any other authority.
(5) Nothing in this section shall apply to an assigned land which was purchased by a landless poor
person in good faith and for valuable consideration from the original assignee or his transferee prior to
the commencement of this Act and which is in the possession of such person for purposes of cultivation
or as a house-site on the date of such commencement.
4. Consequences of breach of provisions of Section 3:- (1) If in any case, the District Collector or any
other officer not below the rank of a[Mandal Revenue Officer], authorised by him in this behalf, is
satisfied that the provisions of sub-section (1) of Section 3, have been contravened in respect of any
assigned land, he may, by order,-
(a) take possession of the assigned land, after evicting the person in possession in such manner as
may be prescribed ; and
[(b) (i) reassign the said resumed land, other than those lands/areas as may be notified by the
Government from time to time in public interest and for public purpose, to the transferee who
purchased the land in good faith and for valuable consideration on or before 29th January, 2007,
subject to the condition that he/she is landless poor person and is in occupation of the land by
using the said land for agriculture or as house site, as on the date of taking possession by eviction:
Provided that the reassignment in case of transferee shall be limited to only such an extent that
the total holding of the re-assignee including any other land held by him/her does not
exceed 5.00 Acres dry land or 2 1/2 Acres wet land:
Provided further that where the transferee who has purchased the land and got reassignment of
it, or his legal heir, transfers the reassigned land, the land shall be resumed for assignment
to the other eligible landless poor;
(ii) restore the said 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, to the original
assignee, subject to the condition that he or she is landless poor person as on the date of
restoration for one time; or
(iii) assign to other eligible landless poor person:
Provided that the restoration of land shall be limited to only such an extent that the total
holding including any other land held by him/her does not exceed 5.00 Acres dry land or
21/2 Acres wet land:
Provided further that where the original assignee or his legal heir, after first restoration
transfers the assigned land, the land shall be resumed for assignment to the other eligible
landless poor:

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 Provided also that if no eligible landless poor persons are available in the village/area, the
resumed land will be utilised for public purpose.
6. Exemption:- Nothing in this Act shall apply to the assigned lands held on mortgage by the State or
Central Government, any local authority, a co-operative society, a scheduled bank or such other
financial institution owned, controlled or managed by a State Government or the Central Government, as
may be notified by the Government in this behalf.
7. Penalty:- (1) Whoever acquires any assigned land in contravention of the provisions of sub-section
(2) of Section 3 shall be punished with imprisonment which may extend to six months or with fine
which may extend to two thousand rupees or with both.
[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.]
(2) Whoever opposes or impedes the District Collector or any person authorised, in taking possession of
any assigned land under this Act shall be punished with imprisonment which may extend to six months
or with fine which may extend to five thousand rupees or with both.
[(2A) Any Officer, violating the provisions under sub-sections (1) and (2) of Section 5 shall be punished
with simple imprisonment which may extend to six months or with fine which may extend to ten
thousand rupees or with both.]
(3) No Court shall take cognizance of an offence punishable under this section, except with the previous
sanction of the District Collector.
8. Protection of action taken:- (1) No suit, prosecution or other legal proceeding shall lie against any
person, officer or authority for anything which is in good faith done or intended to be done in pursuance
of Act or any rules made thereunder.
(2) No suit or other legal proceedings shall lie against the Government for any damage cause or likely to
be caused or for any injury suffered or likely to be suffered, by virtue of any provision of this Act, or for
anything which is in good faith done or intended to be done in pursuance of this Act, or any rules made
thereunder.
9. Power to make rules:- (1) The Government may, by notification, make rules for carrying out all or
any of the purposes of this Act.
(2) Every rule made under this Act shall immediately after it is made, be laid before each House of the
State Legislature if it is in session and if it is not in session, in the session immediately following, for a
total period of fourteen days which may be comprised in one session, or in two successive sessions and
if before the expiration of the session in which it is so laid or the session immediately following, both
Houses agree in making any modification in the rule or in the annulment of the rule shall, from the date
on which the modification or annulment is notified, have effect only in such modified form or shall
stand annulled, as the case may be, so however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
10. Act to override other laws:- The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in force or any custom, usage or
contract or decree or order of a Court, Tribunal or other authority.
11. Power to remove difficulties:- If any difficulty arises in giving effect to the provisions of this Act,
the Government may, by general or special order, published in the Andhra Pradesh Gazette, make such
provisions not inconsistent with the provisions of this Act, as appears to them to be necessary or
expedient for the removal of the difficulty :
Provided that no such order shall be made after the expiration of two years from the commencement of
this Act.
12. Repeal of Ordinance 2 of 1977:- The Andhra Pradesh Assigned Lands (Prohibition of Transfers)
Ordinance, 1977 is hereby repealed.

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