Act Description : ANDHRA PRADESH LAND REVENUE (ENHANCEMENT) ACT,
1967
Act Details :
ANDHRA
PRADESH
(ENHANCEMENT) ACT, 1967
LAND
REVENUE
8 of 1967
An Act to declare the Government's right to levy and to collect, and to
have levied and collected, land revenue, and to provide, for the levy of
additional land revenue and for the levy of land revenue on certain
lands in the State of Andhra Pradesh and for the revision of the cess
leviable in respect of all lands and for matters connected therewith. Be
it enacted by the Legislature of the State of Andhra Pradesh in the
Eighteenth Year of the Republic of India as follows:
Section 1 Short title, extent and commencement
(1) This Act may be called the Andhra Pradesh Land Revenue
(Enhancement) Act, 1967.
(2) It extends to the whole of the State of Andhra Pradesh.
Section 2 Definitions
In this Act, unless the context otherwise requires,
(a) "Andhra Area" means the territories of the State of Andhra Pradesh
other than the Telangana area;
(b) "dry land" means the land registered as dry manavari, asmantari,
baghat or garden land, or special rate dry land in the land revenue
accounts of the Government or assessed as such:
(c) "fasli year" means a period of twelve months commencing on the
first day of every year.
(d) "Government" means the State Government;
(e) "land" means wet or dry land;
(g) "law" includes any enactment, ordinance, regulation, order, bye
law, rule, scheme, notification or other instrument having the force of
law;
(h) "notification" means the notification published in the Andhra
Pradesh Gazette;
(i) "pattadar" includes every person who holds land directly under the
Government under a patta or whose name is registered in the land
revenue accounts of the Government as pattadar or as occupant or
khatadar and who is liable to pay land revenue;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "Revenue Divisional Officer" means the Revenue Divisional Officer
in whose jurisdiction the land is situate and includes any officer of the
Revenue Department not below the rank of Revenue Divisional Officer
empowered by the Government to exercise the powers and perform
the functions of the Revenue Divisional Officer under this Act.
(1) "State" means the State of Andhra Pradesh;
(m) "Tahsildar" means the Tahsildar in whose jurisdiction the land is
situate and includes a Deputy Tahsildar in independent charge of a
taluk or sub taluk and any other officer of the Revenue Department
not below the rank of a Deputy Tahsildar empowered by the
Government to exercise the powers and perform the functions of the
Tahsildar under this Act;
(n) "Telangana area" means the territories specified in sub section (1)
of Section 3 of the States Re organisation Act, 1956 (Central Act 37 of
1956).
(o) "wet land" means land registered as wet, single crop wet or double
crop wet or compounded double crop wet or special rate wet land, in
the land revenue accounts of the Government, or assessed as such.
Section 2A "Right of the Government to levy and collect
land revenue in respect of every land in the State and
validation
of
the
settlement
and
re
settlement
notifications
(1) The Government shall have the right to levy and collect the land
revenue in respect of every land in the State and it is hereby declared
that the Government shall be deemed always to have had the right
aforesaid; and all land revenue levied and collected shall be deemed to
have been levied and collected by the Government under the authority
of law.
Section 3 Power of Government to levy and collect
additional land revenue
(2) The additional land revenue referred to in sub section (1) in
respect of any land shall be in addition to the land revenue payable by
a pattadar in respect of that land.
Section 4 Declaration of certain wet lands as dry lands and
the determination of land revenue payable thereon
(1) Every wet land in the State which is registered in the land revenue
accounts of the Government as being irrigated under any well, spring,
channel, parekalava, nadinala, vagunala, kasam, sona, bila, uppalwat
bonda, doruvu, bhurki, kole or by cross bunding, shall be treated as
dry land ; and the Tahsildar shall after giving an opportunity to the
pattadar to make his representation determine the land revenue
payable on that land for a fasli year, having due regard to the land
revenue payable for a dry land of similar classification in the vicinity.
(2) There shall be levied and collected by the Government from the
pattadar for such dry land for every fasli year, the land revenue
determined by the Tahsildar under sub section (1) in lieu of the land
revenue payable thereon immediately before the commencement of
this Act.
(3) There shall also be levied and collected by the Government from
the pattadar for such dry land an additional land revenue as provided
in Section 3.
Section 5 Levy of land revenue in respect of lands not
assessed to land revenue
(1) In the case of any land not assessed to land revenue, the Tahsildar
shall, after giving an opportunity to the pattadar to make his
representation, determine the land revenue payable on that land for a
fasli year, having due regard to the land revenue payable for dry or
wet land of similar classification in the vicinity, as the case may be.
(2) There shall be levied and collected by the Government from the
pattadar for such land, for every fasli year, the land revenue
determined under sub section (1) and the additional land revenue as
provided in Section 3.
Section 6 Exemption of pattadars from payment of land
revenue and additional land revenue in certain cases
(1) Every pattadar who is liable to pay for the fasli year which
commenced on the first day of July 1967, or for any subsequent fasli
year, on all the lands held by him, an aggregate amount not exceeding
rupees ten towards the land revenue and the additional land revenue,
shall be exempt from the land revenue and the additional land revenue
payable in respect of the dry land held by him.
(2) If any question arises as to whether any pattadar is exempt from
the payment of land revenue and the additional land revenue or the
dry assessment component thereof under this section in respect of any
land held by him, the Tahsildar shall, after giving an opportunity to the
pattadar concerned, decide such question and his decision shall,
subject to the provisions of section 12 be final.
(3) Notwithstanding anything in the Andhra Pradesh (Andhra Area)
District Boards Act, 1920, the Andhra Pradesh (Andhra Area)
Elementary Education Act, 1920 and the Andhra Pradesh (Telangana
Area) District Boards Act, 1955, every pattadar mentioned in sub
section (1) or sub section (1-A) shall be liable to pay the cess at the
rate of five paise in the rupee of the annual rent value of all the lands
held by him, or five paise in every rupee of land revenue and the
additional land revenue or the dry assessment component thereof, as
the case may be, which would have been leviable in respect of any
land held by him, if the pattadar had not been exempt from the
payment of the land revenue and additional land revenue or the dry
assessment component thereof under that section.
Explanation I:- For purposes of this section, the expression dry lands
shall not include dry lands which are irrigated during the fasli year
from any Government source of irrigation other than a source of
irrigation specified in sub section (1) of Section 4.
Explanation III: In computing the extent of land held by a pattadar for
the purpose of sub section (1-A) 0.404686 hectare (one acre) of wet
land shall be deemed to be equal to 0.809372 hectare (two acres) of
dry land.
Explanation IV:- For the purpose of computing the dry assessment
component under sub section (1-A) twenty per cent of the
consolidated wet assessment shall be deemed to be the dry
assessment component.
Explanation V:- For the purpose of sub section (1-A), the expression
"additional land revenue in so far as it relates to wet lands shall
include the additional land revenue assessment on wet lands payable
under the Andhra Pradesh Land Revenue (Additional Wet Assessment)
Act, 1975.
Section 7 Determination of additional land revenue
(1) The additional land revenue payable under this Act by each
pattadar in respect of his land in every village shall ordinarily be
determined for the first fasli year after the commencement of this Act,
and assessed by the Tahsildar in accordance with the provisions of
Section 3 or Section 4 or Section 5, as the case may be. The additional
land revenue so determined shall continue in force until modified by
the competent authority in accordance with the provisions of this Act.
(2) The Tahsildar shall cause a notice to be served on each pattadar
specifying the particulars and the extent of the land held by him, the
land revenue payable on that land and the additional land revenue
payable under this Act and may publish the notice in such form and in
such manner as may be prescribed.
(3) Any person interested, and objecting to the land revenue or the
additional land revenue specified in the notice may make an
application in writing to the Tahsildar within thirty days from the date
of service of the notice on him and the Tahsildar shall consider any
such objection and pass such orders thereon as he thinks proper.
Section 8 Appeal
Any person aggrieved by an order passed by the Tahsildar under
Section 7, may within thirty days from the date of service on him of
the order, appeal to the Revenue Divisional Officer, who shall pass
such order as he may think confirming, modifying or annulling the
order appealed against.
Section 9 Additional land revenue and land revenue
payable under this Act to be treated as public revenue due
upon the land
The additional land revenue or land revenue payable under this Act, by
a pattadar in respect of any land shall be deemed to be public revenue
due upon the said land, and the provisions of the Andhra Pradesh
Revenue Recovery Act, 1864, shall apply.
Section 10 Remission of additional land revenue
(1) Where on account of total or partial failure of crops, the land
revenue has been remitted in respect of any land, in accordance with
such rules as may be prescribed, the additional land revenue payable
in respect of such land under this Act shall stand remitted by such
amount which bears to the total additional land revenue the same
proportion as the amount of land revenue remitted in respect of such
land bears to the total amount of land revenue in respect of such land.
(2) Where any question arises, whether any pattadar is entitled to
remission of additional land revenue under sub section (1), or
regarding the extent of such remission, the question shall be decided
by such authority and in such manner, as may be prescribed.
Section 11 Provision relating to adjustment of additional
assessment already paid
Where, in respect of any land, any sum has been paid by, or collected
from, any pattadar as additional assessment under Andhra Pradesh
Land Revenue (Additional Assessment) and Cess Revision Act, 1962
(Act XXII of 1962), such sum shall be adjusted by the Tahsildar
towards the amount of additional land revenue, land revenue or cess
payable in respect of the land; Provided that
(a) where the sum so paid by, or collected from, the pattadar is in
excess of the said amount, such excess shall be adjusted towards the
land revenue, additional land revenue or cess that may become
payable thereafter, in such manner as may be prescribed; and
(b) where the sum so paid is less than the said amount, the pattadar
shall be liable to pay the balance in such manner and in such number
of instalments as may be prescribed.
Section 12 Revision by the Board of Revenue or the
District Collector
The Board of Revenue or the District Collector may either suo motu or
on application call for and examine the records of any officer
subordinate to it or him in respect of any decision, order or other
proceedings made under this Act to satisfy itself or himself as to the
correctness, legality or propriety of any such decision or order or as to
the regularity of such proceedings and if in any case it appears to the
Board of Revenue or the District collector that such decision, order or
proceedings should be modified, annulled, reversed or remitted for re
consideration, it or he may pass orders accordingly:
Provided that the Board of Revenue or the District Collector shall not
pass any order prejudicial to any party unless he has been given an
opportunity of making representation.
Section 13
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Section 14 Bar of jurisdiction of courts
The rates of additional land revenue or of the land revenue levied in
accordance with the provisions of this Act shall not be questioned in
any court of law.
Section 15 Exemption, reduction or other modification
(2) Any notification issued under sub section (1) shall be laid, as soon
as may be after it is issued, on the Table of the Legislative Assembly
of the State while it is in session for a total period of fourteen days,
which may be comprised in one session or in two successive sessions,
and shall be subject to such modification or annulment as that
Assembly may make.
Section 16 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 section 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, 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.
Section 17 Repeal and savings
The following Acts are hereby repealed:
(a) The Andhra Pradesh (Andhra Area) Land Revenue (Additional Wet
Assessment) Act, 1956 (Act XXII of 1956);
(b) The Andhra Pradesh Commercial Crops (Assessment) Act, 1957
(Act XIX of 1957);
(c) The Andhra Pradesh Land Revenue (Surcharge) Act, 1957 (Act XX
of 1957): Provided that such repeal shall not affect the previous
operation of the said Acts or any right, privilege, obligation, liability
already accrued or incurred thereunder, and all arrears of assessment,
special assessment, surcharge or the like levied but not collected at
the commencement of this Act may be recovered as if they had
accrued under this Act.
(2) The Andhra Pradesh Land Revenue (Additional Assessment) and
Cess Revision Act, 1962 (Act XXII of 1962) is hereby repealed.
Section 18 Amendment of District Boards Acts
(1) In Section 78 of the Andhra Pradesh (Andhra Area) District Boards
Act, 1920 (Act XIV of 1920), for the words thirty one naye paise , the
words "eighteen paise" shall be substituted.
(2) In sub section (1) of Section 135 of the Andhra Pradesh
(Telangana area) District Boards Act, 1955 (Act 1 of 1956) for the
words "thirty one naye paise" the words "twenty five paise" shall be
substituted.
Section 19 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
inforce, custom or usage having the force of law, or contract or
judgment, decree or order of a court or other authority.
RULE:
ANDHRA PRADESH LAND REVENUE (ENHANCEMENT)
RULES, 1967
In exercise of the powers conferred under sub section (1) of Section
16 of the Andhra Pradesh Land Revenue (Enhancement) Act, 1967
[Andhra Pradesh Act 8 of 1967] the Governor of Andhra Pradesh
hereby makes the following rules.
Rule 1
These rules may be called the Andhra Pradesh Land Revenue
(Enhancement) Rules, 1967.
Rule 2
In these rules, unless the context otherwise requires
(a) Act means the Andhra Pradesh Land Revenue (Enhancement) Act,
1967:
(b) Form means a Form appended to these rules;
(c) Section means a section of the Act.
Rule 3
The notices referred to in sub section (2) of Section 7 shall be
(i) the individual notice in Form 1 to be served on each Pattadar; and
(ii) the public notice in Form 2, to be published.
Rule 4
Before determining the land revenue payable on the class of lands
referred to in section 4, an opportunity shall be given to the pattadar
to make his representation by issuing a notice in Form 3.
Rule 5
Before determining the land revenue payable on lands not assessed
already to land revenue referred to in Section 5, an opportunity shall
be given to the pattadar to make his representation by issuing a notice
in Form 4.
Rule 6
(1) As soon as may be after the accounts of the village are
provisionally settled for the fasli year, the Tahsildar shall cause the
publication of a notice in the village in Form 5, of the list of the
pattadars eligible for exemption under sub section (1) of Section 6
from the land revenue and the additional land revenue payable in
respect of the dry lands held by them.
(2) Any pattadar who is exempt from the land revenue and the
additional land revenue but whose name does not find a place in the
notice may make an application in writing to the Tahsildar, who shall,
after giving an opportunity to the pattadar concerned, pass such order
as he may think fit. Every order passed under this sub rule shall be
communicated to the pattadar concerned.
Rule 7
(1) Every appeal to the Revenue Divisional Officer under Section 8
shall be accompanied by the original or on authenticated copy of the
notice in Form 1, Form 3 or Form 4, as the case may be, and the order
of the Tahsildar appealed against. No such appeal petition shall be
liable to be stamped.
(2) Where the Revenue Divisional Officer considers, while hearing an
appeal, that any further inquiry is necessary, he may make the inquiry
on such date and in such manner as may be specified by him.
Explanation:- In making an inquiry under these rules, the Tahsildar or
the Revenue Divisional Officer, shall have all the powers vested in him
in holding an inquiry under the Andhra Pradesh Revenue Summonses
Act, 1869.
Rule 8
(1) A statement shall be prepared by the Tahsildar in Form 6 for each
patta khata for the faslis commencing from 1372 to 1376 showing the
demand and collection of additional assessments and cesses made
under Andhra Pradesh Land Revenue (Additional Assessment) and
Cess Revision Act, 1962 and the land revenue and additional land
revenue and cesses determined under the Andhra Pradesh Land
Revenue (Enhancement) Act, 1967 for aforesaid period and including
the excess or short collection, if any which is to be adjusted or to
recovered, as the case may be;
(2) The statement in Form 6 shall be served on the pattadar;
(3) The sum paid in excess by the pattadar as indicated in Form 6
shall be adjusted towards the land revenue, additional land revenue or
cess payable by the pattadar for the fasli year or years subsequent to
1st July 1967.
(4) The balance to be paid by the pattadar as indicated as due in the
notice in Form 6 shall be recovered in four equal monthly instalments
as specified in that form.
Rule 9
(1) Every notice under these rules shall be issued under the signature
or the facsimile signature of the Tahsildar.
(2) The service of the individual notice in Form I or any other notice
shall be effected by delivering it or tendering it to the pattadar
concerned or in his absence to his agent or to his agent or to any adult
member of his family; or where none of the above courses is
practicable, by affixing the notice at the last known place of residence
of the pattadar or at any of the lands referred to in the notice.
(4) The public notice in Form 2 and any other public notice shall be
published by affixture in the village chavadi or if there no such chavadi
at a conspicuous place in the village.
APPENDIX 1 Individual Notice to Pattadar
FORM [Rule 3 (i)]
FORM 1
[Rule 3 (i)]
Individual Notice to Pattadar
Under Section 7 (2) of
(Enhancement) Act, 1967
the
Andhra
Pradesh
Land
Revenue
To
........................................
........................................
Take notice that in respect of lands under patta khata
number....................of .............village in.......... taluk held by you
jointly..........the additional land revenue has been determined for the
fasli year commencing on the 1st day of July, 1962 and for every
subsequent fasli year under the provisions of Section 7(1) of the
Andhra Pradesh Land Revenue (Enhancement) Act, 1967 and that the
land revenue payable on these lands and the additional land revenue,
payable thereon shall be as shown in the Schedule hereto appended.
Objections, if any, to the land revenue or the additional land revenue
specified in the notice made by an application in writing to the
Tahsildar of this ...........within thirty days from the date of service
notice on you.
If no application is made within the period specified above by you or
any person interested, it will be taken that there is no objection for the
land revenue or the additional land revenue specified in this notice and
the same shall become final and continue until modified by any
competent authority in accordance with the provision of the Act.
SCHEDULE 1 SCHEDULE
These rules may be called the Andhra Pradesh Land Revenue
(Enhancement) Rules, 1967.
APPENDIX 2 Public Notice
FORM [Rule 3 (ii)]
FORM 2
[Rule 3 (ii)]
Public Notice
Under Section 7 (2) of
(Enhancement) Act, 1967.
the
Andhra
Pradesh
Land
Revenue
Notice is hereby given that in respect of the lands held by the
pattadars of ........village in ...........taluk, the additional land revenue
has been determined for the fasli year commencing on the first day of
July 1962 and every subsequent fasli year under the Andhra Pradesh
Land Revenue (Enhancement) Act, 1967 and the land revenue payable
on those lands and the additional land revenue payable thereon shall
be as shown in the schedule hereto appended. Any person interested
in and objecting to the revenue of the additional land revenue
specified in this notice in respect of lands under any patta, may make
an application in writing to the Tahsildar......within thirty days from the
date of publication of this notice.
SCHEDULE 2 SCHEDULE
In these rules, unless the context otherwise requires
(a) Act means the Andhra Pradesh Land Revenue (Enhancement) Act,
1967:
(b) Form means a Form appended to these rules;
(c) Section means a section of the Act.
APPENDIX 3 Notice
FORM [Rule 4]
FORM 3
[Rule 4]
Notice
Under Section 4 of the Andhra Pradesh Land Revenue (Enhancement)
Act, 1967
To
......................................
......................................
(1) Take notice that it is proposed to classify the following wet lands
held by you jointly under Patta Khata under..........of village in
........taluk, which are registered under Spring Channel, Parrekalva,
Nadinala, Vagunala, Kasam, Sona, Bila, Uppalwatbonda, Doruvu,
Bhurki, Kole or by Cross bunding as dry lands and also to determine
the land revenue payable thereon as shown in the schedule hereto
appended for the fasli year commencing on the first day of July 1967,
under the provisions of Section 4 of the Andhra Pradesh Land Revenue
(Enhancement) Act, 1967,
(2) Objections, if any, to the proposed land revenue specified in this
notice may be made in writing to the Tahsildar.......within thirty days
from the date of service of this notice.
SCHEDULE 3 SCHEDULE
The notices referred to in sub section (2) of Section 7 shall be
(i) the individual notice in Form 1 to be served on each Pattadar; and
(ii) the public notice in Form 2, to be published.
APPENDIX 4 FORM
FORM
FORM 4
[Rule 5]
Notice
Under Section 5 of the Andhra Pradesh Land Revenue (Enhancement)
Act, 1967.
To
..............................................
..............................................
(1) Take Notice that in respect of the following lands held by you
jointly under patta khata number .........of............. village in
.........taluk, which have not been so far assessed to land revenue, it is
proposed to determine the land revenue payable thereon as shown in
the Schedule hereto appended for the fasli year commencing on the
.............under the provisions of Section 5 of the Andhra Pradesh Land
Revenue (Enhancement) Act, 1967.
(2) Objections, if any, to the proposed land revenue specified in this
notice may be made in writing to the Tahsildar ......... within thirty
days from the date of service of this notice.
SCHEDULE 4 SCHEDULE
Before determining the land revenue payable on the class of lands
referred to in section 4, an opportunity shall be given to the pattadar
to make his representation by issuing a notice in Form 3.
APPENDIX 5 FORM
FORM
FORM 5
(Rule 6)
List of pattadars Khatadars eligible for exemption under Section 6(1)
of the Andhra Pradesh Land Revenue (Enhancement) Act, 1967 in the
village............of ...........taluk.............. district for the fasli year.
Patta No. Name of thePattadar/Khatadar Total Land revenue and
additionall and revenue payable Extent of dry land seligible for
exemption Land Revenue and addional land revenue payable on the
extent in column (4) and falling to be exempted Remarks (1) (2) (3)
(4) (5) (6)
2. Any pattadar who is exempted from the payment of the land
revenue and the additional land revenue but whose name does not
find place in this notice may make an application in writing to the
Tahsildar for his decision.
Place:
Date: Tahsildar.
APPENDIX 6 FORM
FORM
FORM 6
[Rule 8 (1)]
Statement showing the Demand and Collections of the Additional
Assessments under the Andhra Pradesh Land Revenue (Additional
Assessment) and Cess Revision Act, 1962. The Land Revenue and
Additional Land Revenue determined and payable for Faslis 1372 to
1376 under the Andhra Pradesh Land Revenue (Enhancement) Act,
1967, and the amounts adjustable in respect of Patta Khata number
of...........Village in...........Taluk.
Patta No................ Name of the Pattadar.............
Fasli 1372 Fasli 1373 Fasli 1374 Fasli 1375 Fasli 1376 Items Demand
Collection Demand Collection Demand Collection Demand Collection
Demand Collection TotalDemand TotalCollection (1) (2) (3) (4) (5) (6)
(7) (8) (9) (10) (11) (12) (13)
------------------------------------------------------------------------------1. The assessment plus assessment
under the Andhra Pradesh Land
Revenue (Additional Assessment)
and Cess Revision Act, 1962.
2. Cesses ............ ..........
3. Total ............... ........
4. Land Revenue plus additional land
revenue payable under the Andhra
Pradesh Land Revenue (enhancement)
Act, 1967
5. Cesses ............ .............
6. Total ........... ...............
7. Different (Excess less)
Take notice that the sum of Rs........being the excess paid by you shall
be adjusted towards land revenue : additional land revenue or cess
that may be payable for Fasli 1377 or subsequent Faslis.
Take notice that the sum of Rs......being the balance amount due from
you is payable in the following monthly instalments according to the
Kistabandi.
Fasli Instalment
Place:
Date: Tahsildar.
ANDHRA PRADESH LAND REVENUE (ADDITIONAL WET
ASSESSMENT) RULES, 1974
In exercise of the powers conferred by sub section (1) of Section 10 of
the Andhra Pradesh Land Revenue (Additional Wet Assessment)
Ordinance, 1974 (Andhra Pradesh Ordinance No. 10 of 1974), the
Governor of Andhra Pradesh hereby makes the following rules,
namely:
Rule 1
These rules may be called the Andhra Pradesh Land Revenue
(Additional Wet Assessment) Rules, 1974.
Rule 2
In these rules, unless the context otherwise requires,
(a) Ordinance means the Andhra Pradesh Land Revenue (Additional
Wet Assessment) Ordinance, 1974.
(b) form means a form appended to these rules.
(c) section means a section of the Ordinance.
Rule 3
(a) The list referred to in sub section (2) of Section 4 shall be in Form
I.
(b) The list shall be published by affixture in the village chavidi, if
there is no such chavidi at a conspicuous place in the village.
Rule 4
(1) Every appeal to the Revenue Divisional Officer under sub section
(2) of Section 6 shall be accompanied by the original or an
authenticated copy of the decision or order of the Tahsildar appealed
against.
Rule 5
The notification referred to in sub section (1) of Section 9 shall be in
Form 2.
Rule 6
No appeal petition filed under provisions of the Ordinance shall be
liable to be stamped.
Rule 7
The service or the communication of any decision or order passed
under the Ordinance or under these rules shall be effected by
delivering it or tendering it to the pattadar concerned or in his absence
to his agent or to any adult member of his family; or where it is not
practicable to so deliver, by sending it to him to the last known place
of residence of the pattadar under a certificate of posting:
Provided that where an order is sent as aforesaid, it shall be deemed
to have been served on such person on the date on which the order so
sent will, in the usual course of post, be received by the addressee.
APPENDIX 1 FORM 1
FORM
FORM 1
[See Rule 3 (a)]
List
[Under Section 4 (2) of the Andhra Pradesh Land Revenue (Additional
Wet Assessment) Ordinance, 1974]
In respect of the wet lands held by the pattadar of village in taluk, and
served by the land revenue payable on those lands and the additional
land revenue determined for the fasli year commencing on the first
day of July, 1974 and every subsequent fasli year under the Andhra
Pradesh Land Revenue (Additional Wet Assessment) Ordinance, 1974,
shall be as shown below:
Any person interested in and objecting to the additional land revenue
specified in this list in respect of wet lands under any patta, may make
an application in writing to the Tahsildar, within thirty days from the
date of publication of this list.
Village:
Taluk:
Patta/Khata No. Name of pattadar/Khatadar Survey Number Land
Revenue Additional Land Revenue Total Assessment Extent
Assessment Extent Assessment (1) (2) (3) (4) (5) (6) (7) (8) Ac. Rs.
Ac. Rs. Rs.
Place :
Dated :
Tahsildar
APPENDIX 2 FORM 2
FORM
FORM 2
[See Rule 5]
List of Government Sources of Irrigation
Under sub section (1) of Section 9 of the Andhra Pradesh Land
Revenue (Additional Wet Assessment) Ordinance, 1974, the Board of
Revenue hereby specifies the Government sources of irrigation for the
purposes of levying the additional land revenue assessment under
Section 3 of the said Ordinance.
District Name of the source
An appeal against the above notification shall lie to the Government
within thirty days from the date of publication of the notification in the
Andhra Pradesh Gazette or the District Gazette whichever is later as
provided in sub section (2) of Section 9 of the said Ordinance.
Place:
Date:
Secretary
Board of Revenue
ANDHRA PRADESH LAND REVENUE REMISSION AND
SUSPENSION RULES, 1968
In exercise of the powers conferred by sub section (1) of Section 10,
read with sub section (1) of Section 16 of the Andhra Pradesh Land
Revenue (Enhancement) Act, 1967 (Act 8 of 1967), the Governor of
Andhra Pradesh hereby makes the following rules
Rule 1 Short title
These rules may be called the Andhra Pradesh Land Revenue
Remission and Suspension Rules, 1968.
Rule 2 Nature of Remissions
Remission and suspension of land revenue shall be under the following
categories namely:
1. Seasonal remissions and general remissions of land revenue;
2. Suspension of land revenue. Seasonal Remissions
Rule 3 Grounds on which remission may be granted
Remission of land revenue shall ordinarily be granted when the land is
left waste or the crop is lost for one or more of the following reasons
namely:
(a) lack of adequate supply of water from the Government source of
irrigation;
(b) extensive damage to crop due to pests or pestilence;
(c) submersion of land on account of excessive water or inundation
rendering the cultivation of the land impossible;
Rule 4
Remission shall be granted only when the entire survey field or the
recognized sub division (Pote number) thereof is left waste or the crop
thereon has failed.
Provided, that if any portion of a wet land covered by entire survey
field or a recognized sub division (Pote number) is left fallow for any of
the reasons referred to in Rule 3, remission may be granted for the
actual extent kept fallow.
Explanation:- Tahsildars shall have the discretion to determine
whether in any particular case, the loss over the field taken as a whole
may be reasonably rated as total.
Rule 5
No remission shall be granted to a single crop wet land where water is
made available for raising a second crop. If a ryot fails due to any
neglect on his part to raise a second crop in spite of an adequate
supply of water for raising a second crop successfully, the remission if
any, granted for the failure of first crop may be revoked.
Rule 6 Scale of remission of land revenue on lands
registered as wet, double crop wet and compound double
crop wet
(1) Remission shall be granted in respect of wet lands for the reasons
noted in Rule 3, at the following scale.
Rule 7 Remission of Revenue on the mamul waste lands
No remission of land revenue shall be granted in respect of lands
termed as mamul waste, including small portions of Mamul waste
lands in survey fields or reorganised sub divisions. Explanation:Mamul waste means the occupied land which is not cultivated regularly
in a normal year, and which would have been kept uncultivated even if
the season and water supply had been normal.
Rule 8 Procedure for claim in remission
(1) Every ryot who desires to claim remission under these rules shall
apply in writing and duly signed, to the Tahsildar, Deputy Tahsildar or
any officer not below the rank of a Revenue Inspector, of the firka,
having jurisdiction, specifying the fields for which remission of the land
revenue is sought.
(2) Every such application shall be presented before a date to be
specified by the notification in the District Gazette by the District
Collector having regard to the harvest time, the local agricultural
practices and seasonal conditions in respect of each crop (first crop
and second crop). Such notification shall be given wide publicity in the
village by beat of tom tom and by affixture of the same in the village
chavadi or any public place of importance in the village.
(4) As soon as an application is received, the Revenue Inspector shall
without any delay, inspect the crop in all the fields mentioned in the
application and before the expiry of a period of 30 days, and submit
his report to the Tahsildar, or the Deputy Tahsildar concerned. The
Tahsildar or the Deputy Tahsildar, as the case may be, shall inspect a
fair percentage of the affected fields, being not less than 10 per cent
of such fields in each village. As far as possible the Revenue Divisional
Officer shall also inspect some fields in each village by adopting
random sampling method. Crop cutting experiments shall be arranged
to be conducted by the Tahsildar, wherever possible to note the yield,
and compulsorily in any village where the area in respect of which
applications made for granting remission, exceeds 50 acres.
(5) The Revenue Inspector or Deputy Tahsildar shall submit his
inspecting report and recommendation to the Tahsildar for sanction of
remission and order passed in this regard by the Tahsildar shall be
duly communicated to the Village Officers.
(6) The orders of the Tahsildar shall be subject to revision by the
Revenue Divisional Officer of the Jamabandi Officer. It shall be open to
Revenue Divisional Officer to consider any fresh cases not considered
by the Tahsildar or to the Jamabandi Officer to consider any fresh
cases not considered by the Tahsildar or the Revenue Divisional
Officer.
Rule 9 Remission of land revenue on dry lands
No seasonal remission shall ordinarily be granted for any dry land
except by the Government under Rule 15.
Rule
10
General
remissions
under
exceptional
circumstances due to occurrence of widespread calamities
Remission of Land revenue may be proposed by the Collector of a
district in seasons of exceptional drought or famine or general failure
of crops due to local calamities like hail storms, floods, locusts and the
like.
Rule 11 Remissions of Land Revenue on wet lands
(1) When the crop on wet lands is totally lost on account of any
calamity remission may be granted as per the scale specified in Rule 6
for seasonal remission.
(2) When the crop on wet lands is partially lost, remission may, if
sanctioned by Government, be granted with reference to the average
loss in the whole tract in which such remission is granted. where the
calamity is so grave and of such magnitude as to warrant grant of
remission on a scale higher than that specified in Rule 6, the Collector
shall submit proposals stating the extant of the land affected and the
nature of remission to be granted.
(3) Mamul waste:- The Collector, may, while submitting proposals for
granting remission under sub rules (1) and (2) for satisfactory reasons
include mamul waste including small portions contained in survey
numbers or recognised sub divisions in the tract for which relief is
proposed provided that the land could not in any case have been
cultivated owing to want of water.
(4) If it is not possible to determine a uniform rate of remission for
any tract as in cases where the loss of crop is confined to limited areas
such as the ayacut of small tank, the collector may recommend the
grant of remission for recognised fields or portions thereof not less
than an acre on which the crop has been totally lost.
Rule 12 Remission of land revenue on dry lands
For loss of crops in dry lands, remission of land revenue may be
granted by Government at the rates specified in the scale below:I. When the yield of crop is 1/3rd and below of Full remission normal
yield.
II. When the yield of crop is above 1/4th, but below Half remission
3/5th of the normal yield.
Rule 13 Remission of land revenue on dry lands left waste
Remission shall be granted at the scale laid down in Rule 12 for dry
lands left waste within the tract.
Rule 14 Land cultivated without permission
Remission may be granted for unauthorised cultivations of
Government land provided that such occupations are held not
objectionable.
Rule 15 Suspension of the Collection of land revenue
which is likely to be remitted
The Tahsildar may by an order in writing and for sufficient reasons
suspend temporarily the collection of land revenue on such lands on
which remission of land revenue is permissible under the rules. Copies
of such orders shall be submitted forthwith to the Revenue Divisional
Officer concerned.
Rule 16 Suspension of land revenue
(1) Any suspension of the collection of land revenue must relate to a
definite kist and must be sanctioned by the Board of Revenue
ordinarily for a specified period in a fasli year; where the suspension of
land revenue has to be extended beyond a fasli sanction of the
Government shall be necessary.
(2) When the sanction of the Board cannot be obtained before the date
on which the collection of a kist should commence, the Collector may
by a formal order, postpone the collection of the kist to a date within
the fasli year, subject to ratification by the Board of Revenue.
(3) As soon as an order directing the postponement of the collection of
a kist has been made, it shall be promptly published for the
information of the ryots of the village or tracts concerned by beat of
tom tom and by affixture in the village chavadi or any other place of
public importance in the village.
(4) If the period for which the collection of any kist has been
postponed expires before definite orders as to the collection or
remission of the kist have been received, the Collector shall extend the
period of suspension within the fasli and shall report to the Board of
Revenue.
(5) In all cases in which postponements of kist extended beyond the
financial year in which the kists are due, the Board of Revenue shall
forward copies of its own order or that of the Collector, as the case
may be immediately to the Government in the Revenue and Finance
Departments with information as to the financial effect of such
postponement on the revised estimate for the financial year for which
collection of kists are postponed.
(6) Government alone shall order suspension of land revenue beyond
the fasli year and remission of suspended land revenue. In exceptional
circumstances where the Collector considers that suspension beyond
the fasli year or remission of any kist, which has been suspended
under this rule is absolutely necessary, the Collector shall obtain
orders from the Government in time.
Rule 17 Method of collecting suspended land revenue
(1)The land revenue suspended shall be collected only after one fair
harvest subsequent to the failure has been reaped.
(2) Collectors shall submit, for the consideration and orders of the
Board of Revenue and Government two months before commencement
of the kistbandi of the year following that in which revenue was
suspended a report as to the condition of the early crops of that year
and whether the whole of the suspended land revenue, and if not what
portion thereof, can be collected in the current kist. Similar reports as
to the portion of the suspended land revenue to be collected in the
subsequent kists shall be submitted in succeeding years until the
whole of the suspended land revenue is either realised or written off.
Rule 18 Circumstances justifying remission of suspended
kist
(1) Land revenue which has been under suspension for three years
continuously shall ordinarily and as a matter of course, be remitted
and shall for the purpose be included in the quarterly statement of
irrecoverable arrears.
(2) In the case of fully assessed tracts with a fairly constant out turn
the amount of land revenue under suspension at any given time shall
not as a rule exceed the land revenue demand of an ordinary year.
When the amount suspended exceeds this limit, remission of the
excess may ordinarily be recommended in the manner indicated
above.
Rule 19 Adjustments or refunds
In all cases, where remission is granted amounts already paid may be
adjusted towards the next instalment of the kist.
Act Type : Andhra Pradesh State Acts