{ "id": 14340, "slug": "andhra-pradesh-andhra-area-estates-abolition-and-conversion-into-ryotwari-act-1948", "title": "Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948", "short_title": "Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948", "act_number": "(Act No. 26 of 1948)", "act_year": 1948, "act_type": "STATE", "location": "Andhra Pradesh", "law_status": "unknown", "enactment_date": null, "description": "Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short title, extent, application and commencement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "(1) all expressions defined in the Estates Land Act shall have the same respective meanings as in that Act with the modifications, if any, made by this Act;\n(2) \"Director\" means the Director of Settlements appointed under Section 4;\n(3) \"estate\" means a zamindari or an under-tenure or an inam estate;\n(4) \"Estates Land Act\" means the Andhra Pradesh (Andhra Area) Estates Land Act, 1908;\n(5) \"Government\" means the State Government;\n(6) \"impartible estate\" means the estate governed immediately before the notified date, by the Madras Impartible Estates Act, 1904;\n(7) \"inam estate\" means an estate within the meaning of Section 3, clause (2) (d), of the A.P. (A.A.) Estates Land Act, 1908 (A.P. Act 1 of 1908).\n(8) \"landholder\" includes (i) a joint Hindu family, where the to collect the rents of the whole or any portion of the estate vests in such family; and (ii) a darmila inamdar;\n(9) \"notification\" means a notification published in the Andhra Pradesh Gazette.\n(10) \"notified\" date in relation to an estate, means the date appointed by a notification issued under Section 1, sub-section (4), as the date on which the provisions of this Act (other than Sections 1, 2, 4, 5, 7, 8, 9, 58-A, 62, 67 and 68) shall come into force in the estate, and the word \"notified\" shall be construed accordingly;\n(11) \"prescribed\" means prescribed by rules made by the Government under this Act;\n(12) \"principal landholder\" means the person who held the estate immediately before the notified date; and\n(a) in the case of an estate held by a joint family immediately before that date, means such joint family; and\n(b) in the case of an impartible estate, means the person entitled to the possession of such estate immediately before that date;\n(13) \"Settlement Officer\" in relation to any estate or part of an estate, means the officer appointed therefor under Section 5, sub- section (1);\n(14) \"Tribunal\" means a Tribunal constituted under Section 8 and having jurisdiction;\n(15) \"under-tenure estate\" means an estate within the meaning of Section 3, clause (2) (e), of the Estates Land Act;\n(16) \"zamindari estate\" means -\n(i) an estate within the meaning of Section 3, clause (2) (a), of the Estates Land Act, after excluding therefrom every portion which is itself an estate under Section 3, clause (2) (b) or (2) (e), of that Act; or\n(ii) an estate within the meaning of section 3, clause (2) (b) or (2) (c) of the Estates Land Act, after excluding therefrom every portion which is itself an estate under Section 3, clause (2) (e) of that Act. Consequences of Notification of Estate", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. Consequences of Notification of estate.", "chapter": null, "content": "(a) the Andhra Pradesh (Andhra Area) Permanent Settlement Regulation, 1802, the Estates Land Act, and all other enactments applicable to the estate as such except the Andhra Pradesh (Andhra Area) Estates Land (Reduction of Rent) Act, 1947, shall be deemed to have been repealed in their application to the estate;\n(b) the entire estate (including minor inams (post-settlement or pre-settlement) included in the assets of the zamindari estate at the permanent settlement of that estate; all communal lands and porambokes; other non-ryoti lands; waste lands; pasture lands; lanka lands; forests; mines and minerals; quarries; rivers and streams; tanks and irrigation works; fisheries; and ferries), shall stand transferred to the Government and vest in them, free of all encumbrances; and the Andhra Pradesh (Andhra Area) Revenue Recovery Act, 1864, the Andhra Pradesh (Andhra Area) Irrigation Cess Act, 1865 and all other enactments applicable to ryotwari areas shall apply to the estate;\n(c) all rights and interests created in or over the estate before the notified date by the principal or any other landholder, shall as against the Government cease and determine;\n(d) the Government may, after removing any obstruction that may be offered, forthwith take possession of the estate, and all accounts, registers, pattas, muchilikas, maps, plans and other documents relating to that estate which the Government may require for the administration thereof:\n(i) if such person is a ryot, pending the decision of the Settlement Officer as to whether he is actually entitled to such patta;\n(ii) if such person is a landholder pending the decision of the Settlement Officer and the Tribunal on appeal, if any, to it, as to whether he is actually entitled to such patta;\n(e) the principal or any other landholder and any other person whose rights stand transferred under clause (b) or cease and determine under clause (c), shall be entitled only to compensation from the Government as provided in this Act;\n(f) the relationship of landholder and ryot shall as between them, be extinguished;\n(g) ryots in the estate and persons holding under them shall, as against the Government, be entitled only to such rights and privileges as are recognized or conferred on them by or under this Act, and any other rights and privileges which may have accrued to them in the estate before the notified date against the principal or any other landholder thereof shall cease and determine and shall not be enforceable against the Government or such landholder.", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "4", "title": "4. Appointment and functions of the Director of Settlements.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "5", "title": "5. Appointment and functions of the Settlement Officers.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6", "title": "6. Managers of estates.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "7", "title": "7. Powers of control of the Board of Revenue.", "chapter": null, "content": "(a) to give effect to the provisions of this Act and in particular to superintend the taking over of estates and to make due arrangements for the interim administration thereof;\n(b) to issue instructions for the guidance of the Director, District Collectors, Settlement Officers and managers of estates;\n(c) to cancel or revise any of the orders, acts or proceedings of any Settlement Officer other than those in respect of which an appeal lies to the Tribunal or of any manager; and\n(d) to cancel or revise any of the orders, acts or proceedings of the Director or of any District Collector, including those passed, done or taken in the exercise of revisional powers.", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8", "title": "8. Constitution of Tribunals for certain purposes.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Determination of Inam Estates.", "chapter": null, "content": "(ii) If, before the commencement of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1957, any order has been passed by the Tribunal dismissing an appeal filed by the Government against a decision of the Settlement Officer on the ground that the Government were not competent to file an appeal under this clause or that such appeal was time-barred, the Tribunal shall, on an application filed by the Government within one year from the commencement of the Amendment Act aforesaid, vacate the order already passed by it and pass a fresh order on merits.\n(b) Where any such appeal is preferred by an aggrieved person, the Tribunal shall give notice thereof to the Government and in the case of all appeals, whether by the Government or by an aggrieved person, the Tribunal shall cause to be published in the village or hamlet or Khandriga granted as inam in the prescribed manner, a notice requiring all persons who have applied to the Settlement Officer under sub-section (1) or filed before him statements under sub-section (2) to appear before it, and after giving them 2 and the Government a reasonable opportunity of being heard, give its decision.\n(c) The decision of the Tribunal under this sub-section shall be final and not be liable to be questioned in any Court of Law.", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "9", "title": "9A. Inquiry under Section 9 not necessary in certain cases.", "chapter": null, "content": "(a) if the decision based on the finding aforesaid was given by the Tribunal under sub-section (4) of Section 9, no fresh inquiry under that section shall be necessary for taking any proceedings under this Act on the basis of that finding; and\n(b) if the decision based on the finding aforesaid was given by the Settlement Officer, and no appeal was filed to the Tribunal, the Government or any person aggrieved, may appeal to the Tribunal against the decision and finding within two months from the commencement of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1960, and if no such appeal is filed, the finding of the Settlement Officer shall be final and no fresh inquiry shall be necessary for taking any proceedings under this Act on the basis of that finding.\nDate of Creation of Under-tenure Estate\nDate of Creation of Under-tenure Estate", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "10", "title": "10. Determination of date on which under-tenure estate was created.", "chapter": null, "content": "(a) in the case of a temporarily settled zamindari, to the date of its temporary settlement; and\n(b) in the case of an unsettled palaiyam or Jagir, to the 13th day of July, 1802.", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "11", "title": "11. Lands in which ryot is entitled to ryotwari patta.", "chapter": null, "content": "(a) all ryoti lands which, immediately before the notified date were properly included or ought to have been properly included in his holding and which are not either lanka lands or lands in respect of which a landholder or some other person is entitled to a ryotwari patta under any other provision of this Act; and\n(b) all lanka lands in his occupation immediately before the notified date, such lands having been in his occupation or in that of his predecessors-in-title continuously from the 1st day of July, 1939;", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "12", "title": "12. Lands in zamindari estate in which landholder is entitled to Ryotwari Patta.", "chapter": null, "content": "(a) all lands (including lanka lands) which, immediately before the notified date, (i) belonged to him as private land within the meaning of Section 3, clause (10) (a), of the Estates Land Act, or (ii) stood recorded as his private land in a record prepared under the provisions of Chapter XI or Chapter XII of the said Act, not having been subsequently converted into ryoti land;\n(b) (i) all lands which were properly included, or which ought to have been properly included, in the holding of a ryot and which have been acquired by the landholder, by inheritance or succession under a will, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour, with his own or hired stock, in the ordinary course of husbandry from the date of such acquisition or the 1st day of July 1939, whichever is later and has been in direct and continuous possession of such lands from such later date;\n(ii) all lands which were properly included, or which ought to have been properly included in the holding of a ryot and which have been acquired by the landholder by purchase, exchange or gift, but not including purchase at a sale for arrears of rent, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour, with his own or hired stock, in the ordinary course of husbandry from the 1st day of July 1945 and has been in direct and continuous possession of such lands from that date;\n(iii) all lands (not being (i) lanka lands, (ii) lands of the description specified in Section 3, clause (16), sub-clauses (a), (b) and (c) of the Estates Land Act, of (iii) forest lands) which have been abandoned or relinquished by a ryot, or which have never been in the occupation of a ryot, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour, with his own or hired stock in the ordinary course of husbandry from the 1st day of July 1939, and has been in direct and continuous possession of such lands from that date.", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "13", "title": "13. Lands in inam estate in which landholder is entitled to ryotwari patta.", "chapter": null, "content": "(a) all lands (including lanka lands) which, immediately before the notified date, (i) belonged to him as private land within the meaning of Section 3, clause (10) (b) of the Estates Land Act, or (ii) stood recorded as private land in a record prepared under the provisions of Chapter XI or Chapter XII of the said Act, not having been subsequently converted into ryoti land; and\n(b) (i) all lands which were properly included, or which ought to have been properly included, in the holding of a ryot and which have been acquired by the landholder, by inheritance or succession under a will, provided that the landholder has cultivated such lands himself, by his own servants or by hired labour with his own or hired stock, in the ordinary course of husbandry, from the date of such acquisition or the 1st day of July, 1945 whichever is later and has been in direct and continuous possession of such lands from such later date;\n(ii) all lands which were properly included, or which ought to have been properly included in the holding of a ryot and which have been acquired by the landholder by purchase, exchange or gift, including purchase at a sale for arrears of rent; provided that the landholder has cultivated such lands himself, by his own servants or by hired labour, with his own or hired stock, in the ordinary course of husbandry from the 1st day of July 1945 and has been in direct and continuous possession of such lands from that date;\n(iii) all lands (not being (i) lanka lands, (ii) lands of the description specified in Section 3, clause (16), sub-clauses (a), (b) and (c) of the Estates Land Act, or (iii) forest lands) which have been abandoned or relinquished by a ryot, or which have never been in the occupation of a ryot, provided that the landholder has cultivated such lands himself, or by his own servants or hired labour, with his own or hired stock, in the ordinary course of husbandry, from the 1st day of July, 1945 and has been in direct and continuous possession of such lands from that date.", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "14", "title": "14. Lands in an under-tenure estate in which landholder is entitled to ryotwari patta.", "chapter": null, "content": "(a) section 13, if it has been decided under Section 10 that such estate was created before the date of the permanent or temporary settlement of the principal estate or the 13th day of July 1802, as the case may be; and\n(b) Section 12, in other cases.", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "15", "title": "15. Determination of lands in which the landholder is entitled to ryotwari patta under foregoing provisions.", "chapter": null, "content": "(b) If, before the commencement of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1957, any order has been passed by the Tribunal dismissing an appeal filed by the Government against a decision of the Settlement Officer on the ground that the Government were not competent to file an appeal under this sub-section or that such appeal was time-barred, the Tribunal shall, on an application filed by the Government within one year from the commencement of the Amendment Act aforesaid, vacate such order, and pass a fresh order on merits.", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "16", "title": "16. Liability to pay assessment, etc., to Government.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "17", "title": "17. Ryotwari patta in service-tenure lands.", "chapter": null, "content": "(a) if the service to be rendered is personal or private service to the landholder, not being a religious, educational or charitable institution, the land shall be discharged from the condition of such service and the holder of such land shall be entitled to a ryotwari patta in respect of the land with effect on and from the notified date;\n(b) in all other cases, the holder of such land shall have the same rights in the land, and be subject to the same liabilities, as the inamdar of a minor service inam in a ryotwari village has in respect of his land. Provided that no ryotwari patta shall be granted in respect of any land which is forest or which falls under Section 3, clause (16), sub-clause (a) or (b), of the Estates Land Act.", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "18", "title": "18. Vesting of buildings situated in estates.", "chapter": null, "content": "(a) which belonged to any such landholder on the 1st day of July 1947; and\n(b) (i) which on that date was being used by him as an office in connection with the administration of the estate, and for no other purpose, or\n(ii) the whole or principal part whereof was on that date in the occupation of any religious, educational or charitable institution has after the 1st day of July 1947 and before the notified date, been sold or made a gift of, by the landholder, or ceased to be used by him as an office as aforesaid, or ceased to be in the occupation of such institution, the value of the building shall be assessed by the Tribunal in such manner as may be prescribed; and the Tribunal shall pay to the Government such value from out of the compensation deposited in its office under Section 41, sub-section (1).\n(i) in every case, to levy the appropriate assessment thereon; and\n(ii) in the case of a building which vests in a person other than a landholder, also to the payments which such person was liable immediately before the notified date to make to any landholder in respect thereof, whether periodically or not and whether by way of rent or otherwise, in so far as such payments, may accrue due on or after the notified date.\n19. to ryoti or non-ryoti land sold for non-agricultural purpose before 1st July, 1945.", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "20", "title": "20. Saving of rights of certain lessees and others.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "21", "title": "21. Survey of estates.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "22", "title": "22. Manner of effecting ryotwari settlement of estate.", "chapter": null, "content": "(a) the rates of assessment set out in the resettlement notification in force on the date of the passing of this Act, in the district in which the estate is situated, or\n(b) if more than one such notification is in force in the district, or if the estate is situated in more than one district, the rates set out in that one of those notifications, which the Government consider to be most appropriate to the case.", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "23", "title": "23. Determination of land revenue before ryotwari settlement is brought into force.", "chapter": null, "content": "(a) In respect of any land held for the purpose of agriculture, not being private land, the land revenue shall be -\n(i) where the rent payable to the landholder immediately before the notified date has been determined under the Andhra Pradesh (Andhra Area) Estates Land (Reduction of Rent) Act, 1947, the rent so determined; or\n(ii) where the rent has not been so determined, the rent which would have been payable to the landholder in respect of the fasli year in which the estate is notified; or\n(iii) where no rent was payable the rent which would have been payable to the landholder immediately before the notified date, by a ryot holding similar land with similar advantages, in the neighbourhood;\n(b) In respect of other lands, the land revenue payable shall be calculated at such rate or rates as the Government may, by general or special order, determine.\n(c) Notwithstanding anything in clause (a), in the case of wet lands whose irrigation facilities are improved by an irrigation scheme executed by the Government, they may levy additional wet assessment on such lands at such rate as they may, by order, determine having regard to the cost incurred by them and the additional benefit derived by the ryot in respect of such irrigation scheme.\nDetermination, Apportionment and Payment of Compensation\nDetermination, Apportionment and Payment of Compensation", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "24", "title": "24. Compensation how determined.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "25", "title": "25. Compensation to be determined for estate as a whole.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "26", "title": "26. Basic annual sum.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "27", "title": "27. Component parts of basic annual sum in zamindari estates.", "chapter": null, "content": "(i) one-third of the gross annual ryotwari demand in respect of all lands in the estate (excluding lanka lands) in respect of which any person other than the landholder is entitled to a ryotwari patta, as ascertained under Section 28, less the deductions specified therein;\n(ii) one-third of the gross annual ryotwari demand in respect of -\n(a) all lanka lands in the estate in respect of which a person other than the landholder is entitled to a ryotwari patta, and\n(b) all lanka lands which in the opinion of the Government or sufficiently permanent (that is to say, similar to the permanent portions of Government lanka lands) to enable the levy thereon of ryotwari assessment, as ascertained under Section 28, in so far as it may be applicable, less the deductions specified therein:\n(iii) one-third of the average net annual income derived from all lanka lands in the estate other than those -\n(a) in respect of which a ryot or the landholder is entitled to a ryotwari patta, and\n(b) which in the opinion of the Government are sufficiently permanent (that is to say, similar to the permanent portions of Government lanka lands) to enable the levy thereon of ryotwari assessment as ascertained under Section 29, less the deduction specified therein;\n(iv) one-third of the average net annual miscellaneous revenue derived from all other sources in the estate specified in Section 3, clause (b) 1 including water-cess not consolidated with the assessment under Section 22 but not including lands in respect of which the landholder is entitled to a ryotwari patta, as ascertained under Section 30; and\n(v) the whole of the jodi, kattubadi or other amount, if any (excluding local cesses and taxes), payable annually to the landholder of the estate immediately before the notified date, by the landholder of every inam village or under-tenure estate including the value, as ascertained in the prescribed manner, of whatever was deliverable in kind annually.", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "28", "title": "28. Computation of ryotwari demand and deductions there from.", "chapter": null, "content": "(a) five per cent of the gross annual ryotwari demand as computed above in respect of the lands referred to in the said clause (i) or (ii), as the case may be, on account of establishment charges, deficiencies in collection and the like; and\n(b) three and one-third per cent of such gross demand on account of the maintenance of irrigation works serving the estate:", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "29", "title": "29. Computation of income from lanka lands.", "chapter": null, "content": "(b) Where such lands have not been in existence for a period of five complete fasli years as aforesaid, their average net annual income shall be computed in such manner as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "30", "title": "30. Computation of net miscellaneous revenue.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "31", "title": "31. Component parts of basic annual sum in inam estates.", "chapter": null, "content": "(i) the whole of the gross annual ryotwari demand in respect of all lands in the estate (excluding lanka lands), in respect of which any person other than the landholder is entitled to a ryotwari patta, as ascertained under Section 32, less the deduction specified therein;\n(ii) the whole of the gross annual ryotwari demand in respect of all -\n(a) lanka lands in the estate in respect of which a person other than the landholder is entitled to a ryotwari patta, and\n(b) all lanka lands which, in the opinion of the Government, are sufficiently permanent (that is to say, similar to the permanent portions of Government lanka lands), to enable the levy thereon of ryotwari assessment, as ascertained under Section 32, in so far as it may be applicable, less the deduction specified therein;\n(iii) the whole of the average net annual income derived from all lanka lands in the estate other than those -\n(a) in respect of which a ryot or the landholder is entitled to a ryotwari patta, and\n(b) which in the opinion of the Government are sufficiently permanent (that is to say, similar to the permanent portions of Government lanka lands), to enable the levy thereon of ryotwari assessment, as ascertained under section 33, less the deduction specified therein;\n(iv) the whole of the average net annual miscellaneous revenue derived from all other sources in the estate specified in Section 3, clause (b), including water-cess not consolidated with the assessment under Section 22 but not including lands in respect of which the landholder is entitled to a ryotwari patta, as ascertained under Section 34.", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "32", "title": "32. Computation of ryotwari demand and deduction therefrom.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "33", "title": "33. Computation of income from lanka lands.", "chapter": null, "content": "(b) Where such lands have not been in existence for a period of five complete fasli years as aforesaid, their average net annual income shall be computed in such manner as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "34", "title": "34. Computation of net miscellaneous revenue.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "35", "title": "35. Jodi, etc., to be deducted.", "chapter": null, "content": "(a) the whole of the jodi, quit-rent or other amount, if any of a like nature, payable annually by the landholder to the Government; and\n(b) the whole of the jodi, kattubadi or other amount, if any (excluding local cesses and taxes), payable annually by the landholder immediately before the notified date, to a landholder of some other estate, including the value, as ascertained in the prescribed manner, of whatever was deliverable in kind annually:\nBasic Annual sum for Under-tenure Estates\nBasic Annual sum for Under-tenure Estates", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "36", "title": "36. Basic annual sum in the case of under-tenure estates.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "38", "title": "37. Scale of compensation except in the case governed by Section 38.", "chapter": null, "content": "(i) Where the basic annual sum does not exceed Rs.1,000 30 times such sum.\n(ii) Where the basic annual sum exceeds Rs.1,000 but does not exceed Rs.3,000 25 times such sum or Rs.30,000 whichever is greater.\n(iii) Where the basic annual sum exceeds Rs.3,000 but does not exceed Rs.20,000 20 times such sum or Rs.75,000 whichever is greater.\n(iv) Where the basic annual sum exceeds Rs.20,000 but does not exceed Rs.50,000 17 1/2 times sum or Rs.4,00,000, whichever is greater.\n(v) Where the basic annual sum exceeds Rs.50,000 but does not exceed Rs.1,00,000 15 times such sum or Rs.8,75,000 whichever is greater.\n(vi) Where the basic annual sum exceeds Rs.1,00,000 12 1/2 times such sum or Rs.15,00,000 whichever is greater.\nPayments to Religious, Educational and Charitable Institutions\nPayments to Religious, Educational and Charitable Institutions", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "38", "title": "38. Payment of tasdik allowance and additional compensation to institutions.", "chapter": null, "content": "(a) Where an inam estate or part thereof was held immediately before the notified date by any religious, educational or charitable institution, and\n(b) where a zamin or under-tenure estate or part thereof was held immediately before the notified date by any such institution, such estate or part having been endowed for its maintenance the Government shall subject to the provisions of sub-sections, (3-A) and (4-A) pay to the Institution every year as a tasdik allowance:\n(i) in the case of an entire estate, the basic annual sum;\n(ii) in the case of a part of an estate, such portion of the basic annual sum as may, on a calculation in the prescribed manner, be ascribed to that part.\n(a) the average net annual income derived by the institution from all sources in the estate or part as calculated in the prescribed manner during the five complete fasli years immediately preceeding the notified date or during that portion of those fasli years in which the estate or part was held by the institution, and\n(b) the income as calculated in the prescribed manner which the institution may be expected to receive from the lands in respect of which it is entitled to a ryotwari patta, the deficiency shall be made good to the institution by the Government every year.", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "38A", "title": "38A. Payment of allowance by religious institutions.", "chapter": null, "content": "Determination of Basic Annual sum and of total compensation\nDetermination of Basic Annual sum and of total compensation", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "39", "title": "39. Determination of basic annual sum and of total compensation.", "chapter": null, "content": "(a) the basic annual sum in respect thereof; and\n(b) except in the case governed by Section 38, also the total compensation payable in respect of the estate.\n(i) the originally notified estate being split up into two more estates;\n(ii) some area being added, or excluded from such estate; or\n(iii) the variation in the tenure of such estate or of any estate estates as so re-notified; it shall be lawful for the Director to determine, in accordance with such of the foregoing provisions as may be applicable to the estate or estates as so re-notified.\n(a) the basic annual sum in respect of such estate or estates; and\n(b) except in the case governed by Section 38, also the total compensation payable in respect of such estate or estates; and all the provisions of this section shall apply to every such determination made by the Director.", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "40", "title": "40. Compensation, etc., to be paid in prescribed manner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "41", "title": "41. Compensation to be deposited in office of Tribunal.", "chapter": null, "content": "(a) the advance compensation referred to in sub-section (1) of Section 54-A.\n(b) all moneys, if any, still remaining due to them\n(i) in respect of peshkash, jodi, quit-rent or other amounts of like nature, and cesses; and\n(ii) in respect of any claim which was secured immediately before the notified date by a mortgage of, or a charge on, the estate or any portion thereof;\n(c) the rents, if any, collected before the notified date by the landholder from the ryots in respect of the fasli year in which the Estate is notified and any amount collected by him from the ryots in excess of the rent determined under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947 (Act XXX of 1947) and outstanding to the credit of the ryots on the first day of that fasli year, which rent or amounts cannot be adjusted by deduction under Section 50; and\n(d) all interim payments deposited under sub-section (5) of section 50 in excess of the amounts finally found to be payable under that section, together with interest thereon as provided in sub-section (9) of the same section:", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "42", "title": "42. Claims to be made within six months.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "43", "title": "43. Duty of Tribunal.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "44", "title": "44. Compensation to be apportioned by Tribunal.", "chapter": null, "content": "(i) if any additional amount becomes due to any person owing to such revised apportionment, it shall be paid to him in accordance with the provisions of this Act; or\n(ii) if any payment made to any person is found to be not due to him or to be in excess of the amount due to him, such payment or excess payment, as the case may be, shall be recoverable under Section 54D\n(a) in the case of the impartible estates referred to in Section 45, in accordance with the provisions contained in that section and in such rules, not inconsistent with that section, as may be made by the Government in this behalf; and\n(b) in the case of other estates, in accordance with such rules as may be made by the Government in this behalf.", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "45", "title": "45. Apportionment in the case of certain impartible estates.", "chapter": null, "content": "(a) the principal landholder and his legitimate sons, grandsons and great-grandsons in the male line living or in the womb on the notified date, including sons, grandson and great-grandsons adopted before such date (who are herein after called sharers'); and\n(b) other persons who immediately before the notified date, were entitled to maintenance out of the estate and its income either under Section 9 or 12 of the A.P. (Andhra Area) Impartible Estates Act, 1904, or under any decree or order of a Court, award, or other instrument in writing or contract or family arrangement which is binding on the principal landholder (who are hereinafter called maintenance-holders'):\n(i) the compensation payable in respect of the estate;\n(ii) the number of persons to be maintained out of the estate;\n(iii) the nearness of relationship of the person claiming to be maintained;\n(iv) the other sources of income of the claimant; and\n(v) the circumstances of the family of the claimant;\n(b) For the purpose of securing (i) that the amount of compensation payable to the maintenance-holders does not exceed the limit specified in sub-section (4) and (ii) that the same is apportioned among them on an equitable basis, the Tribunal shall have power, wherever necessary, to re-open any arrangement already made in respect of maintenance, whether by a decree or order of a Court, award, or other instrument in writing, or contract or family arrangement.\n(a) the principal landholder and his legitimate sons, grandsons and great-grandsons in the male line living or in the womb on the notified date, including sons, grandson and great-grandsons adopted before such date (who are herein after called sharers'); and\n(b) other persons who immediately before the notified date, were entitled to maintenance out of the estate and its income either under Section 9 or 12 of the A.P. (Andhra Area) Impartible Estates Act, 1904, or under any decree or order of a Court, award, or other instrument in writing or contract or family arrangement which is binding on the principal landholder (who are hereinafter called maintenance-holders'):\n(i) the compensation payable in respect of the estate;\n(ii) the number of persons to be maintained out of the estate;\n(iii) the nearness of relationship of the person claiming to be maintained;\n(iv) the other sources of income of the claimant; and\n(v) the circumstances of the family of the claimant;\n(b) For the purpose of securing (i) that the amount of compensation payable to the maintenance-holders does not exceed the limit specified in sub-section (4) and (ii) that the same is apportioned among them on an equitable basis, the Tribunal shall have power, wherever necessary, to re-open any arrangement already made in respect of maintenance, whether by a decree or order of a Court, award, or other instrument in writing, or contract or family arrangement.", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "46", "title": "46. Claims of creditors.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "47", "title": "47. Grant of ryotwari patta to maintenance-holders in certain impartible estates.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 47 }, { "number": "48", "title": "48. Certain estates to be treated as impartible estates for purposes of compensation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "49", "title": "49. Devolution of interest in compensation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "50", "title": "50. Interim payments to principal landholder and others.", "chapter": null, "content": "(i) the rents if any, collected before the notified date by the landholder from the ryots in respect of the fasli year aforesaid and any amount collected by him from the ryots in excess of the rents determined under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947 (Act XXX of 1947) and outstanding to the credit of the ryots on the first day of that fasli year; and\n(ii) the peshkash,jodi, quit-rent or other amounts of like nature and cesses due to the Government from the landholder:\n(a) In respect of the fasli year in which the estate is notified, the basic annual sum as finally determined under Section 39 after deducting therefrom an amount bearing to the basic annual sum the same proportion as the amount of the advance compensation referred to in Section 54-A bears to the compensation as finally determined under Section 39, in case the deposit in pursuance of Section 54-A is made in the fasli year in which the estate is notified.\n(b) In respect of each of the subsequent fasli years, the basic annual sum as finally determined under Section 39, after deducting therefrom an amount bearing to the basic annual sum the same proportion as the amount of the advance compensation referred to in Section 54-A together with any further instalment or instalments of compensation deposited up to the end of the fasli year concerned bears to the compensation as finally determined under Section 39. If the aggregate interim payment thus determined less the deductions already made under sub-sections (3) and (4) exceeds, or is less than, aggregate of the amounts already deposited under sub-section (5), the balance with interest thereon at three per cent per annum shall be deposited by the Govt., with the Tribunal after deducting the amounts of the nature specified in the proviso to sub-section (3) and still due to the Government, or, as the case may be, the amount of deficiency shall be intimated by the Government to the Tribunal.\n(i) in the case of an estate where compensation is payable in one lumpsum from the fasli year in which the Director would have determined the compensation under Section 39 but for the re-calculation or re-determination as aforesaid; and\n(ii) in any other case, from the fasli year in which the last instalment of the compensation would have fallen due but for the re-calculation or re-determination as aforesaid.\n(a) an order or decision passed or given by the Board in appeal or in revision, or\n(b) an order passed by a court in any proceedings, after setting aside or modifying the order of determination passed under Section 39 and remanding the case to him with a direction to determine afresh the basic annual sum or compensation, it shall not be necessary to make interim payments under this section,\n(i) in the case of an estate where compensation is payable in one lumpsum, from the fasli year in which the Director had originally determined the compensation under Section 39; and\n(ii) in any other case, from the fasli year to which the last instalment of the compensation would have fallen due but for the determination afresh.", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "54-AA", "title": "50A. Cessation of interim Payments in cases falling under Section 54-AA.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "51", "title": "51. Appeals.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "52", "title": "52. Restrictions on jurisdiction of Tribunal and Special Tribunal.", "chapter": null, "content": "(a) to the apportionment of the compensation among the persons referred to in Section 43 and the apportionment of the interim payments among the persons referred to in Section 50; and\n(b) in cases falling under Section 47, to the division of the lands in respect of which a ryotwari patta may be granted under Section 12 or 14, and neither the Tribunal nor the Special Tribunal shall have jurisdiction to go into the question of the correctness of the determination, or the adequacy of the compensation.", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "53", "title": "53. Disbursement of Compensation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "54", "title": "54. Interim payment to institutions.", "chapter": null, "content": "(a) in respect of the fasli year in which the estate is notified, such sums as they may, on a rough calculation, determine to be payable to the institution under sub-sections (1) and (2) of Section 38.\n(b) in respect of each subsequent fasli year, the sums determined under clause (a), unless data for the better calculation thereof have since become available, in which case the sums to be paid shall be revised by the Government with reference to such data.", "footnote": "", "is_definition": false, "sort_order": 55 }, { "number": "54A", "title": "54A. Advance payment of compensation and its apportionment, etc.", "chapter": null, "content": "(a) one-half of all moneys referred to in the first proviso to Section 41 (1); and\n(b) one-half of the basic annual sum referred to in sub-section (3) of Section 50, if the deposit in pursuance of this section is made in the fasli year in which the estate is notified but after the interim payment in respect of that fasli year has been deposited under Section 50.\n(b) Where any amount of advance compensation deposited in respect of any estate under this section exceeds or is less than the amount as recalculated in accordance with clause (a), such amount available with the Tribunal may be withdrawn by the Government, and in the case of a deficiency the Government may deposit with the Tribunal such amount as may be necessary to make up the deficiency.", "footnote": "", "is_definition": false, "sort_order": 56 }, { "number": "54AA", "title": "54AA. Provisional payment of final compensation and its apportionment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 57 }, { "number": "54B", "title": "54B. Additional compensation and its apportionment.", "chapter": null, "content": "(a) all the zamindari estates, and\n(b) all the under-tenure estates in respect of which there is no decision under Section 10 either of the Settlement Officer or of the Tribunal on appeal from the Settlement Officer, that they were estates created before the dates of the permanent or temporary settlement of the principal estates concerned or before the 13th day of July, 1802, as the case may be if it is found that the aggregate of such amounts falls short of twelve and a half crores of rupees, the Government shall be under an obligation to distribute among the zamindari estates and under tenure estates aforesaid an amount equal to that by which the aggregate so falls short, the sum payable in respect of each such estate being in proportion to the amount of compensation as finally determined in respect thereof under Section 39.", "footnote": "", "is_definition": false, "sort_order": 58 }, { "number": "41", "title": "54C. Amounts which may be deducted under Section 41 recoverable as arrear of land Revenue.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 59 }, { "number": "54D", "title": "54D. Wrong and excess payments to be recoverable as arrear of land revenue.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "1", "title": "54E. Recovery of amount paid on cancellation of notification issued under Section 1 (4).", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 61 }, { "number": "55", "title": "55. Collection of arrears of rent which accrued before the notified date.", "chapter": null, "content": "(a) ten per cent thereof on account of collection charges;\n(b) the arrears of peshkash, quit-rent, jodi or other amount, if any, of a like nature, due from the landholder to the Government; and\n(c) the rent, if any, collected before the notified date by the landholder from the ryots in respect of the fasli year in which the estate is notified under this Act and any amount collected by the landholder from the ryots in excess of the rent determined under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947 (Act XXX of 1947), and outstanding to the credit of the ryots on the first day of the fasli year.\n(a) has paid before the notified date or pays within two years of that date, or\n(b) where the rate of rent for the land has not been fixed under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947, before the notified date, pays within two years of the date on which such rates of rent are fixed under that Act, the rent due for the fasli years 1356 and 1357 and any interest payable thereon together with any costs which may have been decreed, then, all arrears of rent due from such ryot in respect of all prior fasli years, including interest and costs, if any, shall be deemed to have been completely discharged.\n(a) where the rate of rent for the land has been fixed by the Andhra Pradesh (Andhra Area) Estates Land (Reduction of Rent) Act, 1947, has paid before the notified date, or pays within two years of that date or within two years from the date of the commencement of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1965 whichever is later, or\n(b) where the rate of rent for the land has not been fixed under the Andhra Pradesh (Andhra Area) Estates Land (Reduction of Rent) Act, 1947, before the notified date, pays within two years of the date on which such rate of rent is fixed under that Act or within two years from the date of the commencement of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1965, whichever is later, the rent due for the two fasli years immediately preceding the fasli year in which the estate is notified and any interest payable thereon together with any costs which may have been decreed, then, all arrears of rent due from such ryot in respect of all fasli years preceding the said two fasli years, including interest and costs, if any, due on such arrears shall be deemed to have been completely discharged; but nothing in this proviso shall apply to areas which become estates by virtue of the Andhra Pradesh (Andhra Area) Estates Land (Amendment) Act, 1956 and the ryots in respect of which, had already availed themselves of the benefit of the discharge under sub-section (5) of Section 3-A of the Andhra Pradesh (Andhra Area) Estates Land (Reduction of Rent) Act, 1947.", "footnote": "", "is_definition": false, "sort_order": 62 }, { "number": "56", "title": "56. Decision of certain disputes arising after an estate is notified.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 63 }, { "number": "57", "title": "57. Peshkash, Jodi and quit-rent.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 64 }, { "number": "58", "title": "58. Payment of jodi, Kattubadi, etc., by landholder of inam village which is not an inam estate.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 65 }, { "number": "58A", "title": "58A. Stay of execution proceedings and setting aside of certain Court sales and foreclosures.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 66 }, { "number": "59", "title": "59. Transitional provision in regard to other liabilities of landholder, etc.", "chapter": null, "content": "(a) against the interim payments or the compensation or other sums paid or payable to him under this Act, to the same extent to which such claims and liabilities were enforceable against his interest in the estate immediately before the notified date; and\n(b) against his other property, if any, to the same extent to which such claims and liabilities were enforceable against such property immediately before the notified date.", "footnote": "", "is_definition": false, "sort_order": 67 }, { "number": "60", "title": "60. Provisions for existing estate staff.", "chapter": null, "content": "(1) The Government shall have power to terminate the services of any such person after giving him one calendar month's notice or paying him one month's pay in lieu of such notice.\n(2) Persons whose services are retained shall be governed by such rules as the Government may make in regard to them.", "footnote": "", "is_definition": false, "sort_order": 68 }, { "number": "61", "title": "61. Maintenance by Government of institutions maintained by landholder.", "chapter": null, "content": "62.", "footnote": "", "is_definition": false, "sort_order": 69 }, { "number": "63", "title": "63. Decision of questions regarding forests.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "63", "title": "63A. Decision under Section 63 to have over-riding effect.", "chapter": null, "content": "(a) the decision of -\n(i) the Settlement Officer under Section 63, if no appeal or revision is preferred;\n(ii) the Director, if no revision is filed;\n(iii) the Board of Revenue in revision;\n(b) Where a final decision as aforesaid is given under Section 63 either before or after an order is passed, or a decision is given by any tribunal or other authority under Section 11 or Section 15, the said final decision shall prevail over such order or decision of the tribunal or other authority.", "footnote": "", "is_definition": false, "sort_order": 71 }, { "number": "64", "title": "64. Rights of owner or occupier not to be affected by temporary discontinuance of possession or occupation.", "chapter": null, "content": "(b) has not on that date lost his to remove the possession or occupation of such land or building; he shall, for the purposes of this Act and subject to the provisions thereof, be deemed to be the owner, or to be in possession or occupation, of such land or building;", "footnote": "", "is_definition": false, "sort_order": 72 }, { "number": "64A", "title": "64A. Resjudicata.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 73 }, { "number": "64B", "title": "64B. Saving of limitation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 74 }, { "number": "65", "title": "65. Jurisdiction of Courts barred in certain cases.", "chapter": null, "content": "(b) No officer or servant of the Government shall be liable in respect of any such act in any civil or criminal proceeding, if the act was done in good faith in the course of the execution of the duties, or the discharge of the functions imposed by or under this Act.", "footnote": "", "is_definition": false, "sort_order": 75 }, { "number": "66", "title": "66. Repeals.", "chapter": null, "content": "(ii) the A.P. (Andhra Area) Tenants and Ryots Protection Act, 1946 shall be deemed to have been repealed in its application to private lands in the estate.", "footnote": "", "is_definition": false, "sort_order": 76 }, { "number": "67", "title": "67. Power to make rules.", "chapter": null, "content": "(a) all matters expressly required or allowed by this Act to be prescribed.\n(b) the procedure to be followed by the Tribunals, Special Tribunal, authorities and officers appointed, or having jurisdiction, under this Act;\n(c) the delegation of the powers conferred by this Act on the Government or any other authority, officer or person;\n(d) the time within which applications and appeals may be presented under this Act, in cases for which no specific provision in that behalf has been made herein;\n(e) the application of the provisions of the Code of Civil Procedure, 1908, and the Indian Limitation Act, 1908, to applications, appeals and proceedings under this Act;\n(f) the fees to be paid in respect of applications and appeals under this Act;\n(g) the filling up of vacancies in Tribunals;\n(h) the transfer of proceedings from one authority or officer to another.", "footnote": "", "is_definition": false, "sort_order": 77 }, { "number": "68", "title": "68. Power to remove difficulties.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 78 } ], "metadata": { "Act ID": "Last Updated 5th June, 2019 [ap284]", "Act Number": "(Act No. 26 of 1948)", "Enactment Date": "", "Act Year": "1948", "Short Title": "Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948", "Type": "STATE", "Location": "Andhra Pradesh" }, "updated_at": "2026-09-29 21:55:18" }