The Andhra Pradesh Bhoodan and Gramdan Act, 1965.

THE ANDHRA PRADESH BHOODAN AND GRAMDAN ACT, 1965.
(ACT NO. 13 OF 1965)
ARRANGEMENT OF SECTIONS
SECTIONS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
CONSTITUTION, POWERS AND FUNCTIONS OF
THE BOARD
3. Constitution and incorporation of the Board
4. Composition of the Board
5. Term of Office
6. Resignation of Chairman, Vice-Chairman or other member
7. Removal of Chairman or other member
8. Filling of casual vacancies
9. Dissolution and reconstitution of the Board
10. Acts of the Board, etc. not to be invalidated by informality
11. Local Committees
12. Donation of land
13. Declarations filed under section 12
14. Grant of land by the Board
15. Preparation of list of lands donated prior to commencement of this
Act
16. Fund and property of the Board
CHAPTER III
CONSTITUTION, POWERS AND FUNCTIONS OF
THE GRAM SABHA
17. Declaration of a village as Gramadan village and constitution of Gram
Sabha
18. Power of grantee of land to donate land to Gram Sabha
19. Power of Gram Sabha to transfer and alienate land
20. Management of the lands vested in Gram Sabha
21. Acts of Gram Sabha or its committee not to be invalidated by
informality, etc.
22. Allotment of land by Gram Sabha
23. Disputes regarding allotment of land
24. Eviction of allottee
25. Funds of Gram Sabha
26. Attachment and sale of lands vesting in Gram Sabha
27. Supersession of a Gram Sabha
CHAPTER IV
MISCELLANEOUS
28. Appeal
29. Filing of suits
30. Grantee or allottee of land not to be a tenant
31. Exemption of stamp duty and registration fee etc
32. Act to over ride other laws
33. Power to make regulations
34. Power to make Rules
35. Repeal and saving
THE ANDHRA PRADESH BHOODAN AND GRAMDAN ACT, 1965
(ACT NO. 13 OF 1965)
[10th May, 1965]
AN ACT TO FACILITATE THE DONATION OF LANDS FOR BHOODAN
YAGNA AND GRAMDAN, THE DISPOSAL OF SUCH LANDS AND
MATTERS CONNECTED THEREWITH.
BE it enacted by the Legislature of the State of Andhra Pradesh in the
Sixteenth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh Bhoodan and Gramdan Act, 1965.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the Government may, by
notification in the Andhra Pradesh Gazette, appoint.
2. Definitions - In this Act, unless the context otherwise requires,-
(a) ‘Bhoodan Yagna’ means the movement initiated by Sri Acharya
Vinobha Bhave for the acquisition of lands by way of donation, for
distribution to the landless poor persons, or for a community
purpose;
(b) ‘Board’ means the Andhra Pradesh Bhoodan Yagna Board
constituted under section 3;
(c) ‘community purpose’ means any purpose which is for the
general good of the community;
(d) ‘Government’ means the State Government;
(e) ‘Gramdan’ means a voluntary donation of land in a village made
in pursuance of Bhoodan Yagna;
(f) ‘Gram Sabha’ means a Gram Sabha constituted under section
17;
(g) ‘Gramdan Village’ means a village notified under section 17;
(h) ‘Land’ includes the benefits arising out of land, things attached
to the earth or permanently fastened to anything attached to the
earth;
(i) ‘landless poor person’ means a person who does not own any
land or who owns land which does not exceed such limit, and
whose annual income does not exceed such sum, as may be
prescribed;
(j) ‘owner’ includes-
(1) in the case of land situate in an estate not taken over by
the Government under the Andhra Pradesh (Andhra Area) Estates
(Abolition and Conversion into Ryotwari) Act, 1948, the ryot in
respect of the land in which he has a permanent right of
occupancy of the land holder in respect of his private land;
(2) in the case of land situate in an estate taken over by the
Government under the Andhra Pradesh (Andhra Area) Estates
(Abolition and Conversion into Ryotwari) Act, 1948, the person
entitled to a ryotwari patta in respect of the land;
(3) in the case of inam land not forming part of an estate the
person entitled to a ryotwari patta in respect of the land;
(4) a protected tenant under the Andhra Pradesh(Telangana
Area) Tenancy and Agricultural Lands Act, 1950 who has been
personally cultivating the land under his protected tenancy at the
time of donation, in respect of the right possessed by him in the
land;
(k) ‘prescribed’ means prescribed by rules made under this Act;
(l) ‘resident’ in relation to the local area of any district means a
person who is ordinarily resident in that local area;
(m) ‘Tahsildar’ means the Tahsildar and includes the Deputy
Tahsildar in independent charge of a taluk or subtaluk, within
whose jurisdiction the land or a part thereof is situate;
(n) ‘Telangana Area’ means the territories specified in sub-section
(1) of section 3 of the State Reorganization Act, 1956;
(o) ‘village’ means a village registered as such in the revenue
accounts and includes,-
 (1) a hamlet for which separate revenue records are
maintained;
(2) a hamlet, the residents of which own lands in a block
comprising not less than five hundred acres including lands
reserved for any communal purpose; or
(3) a hamlet which is declared by the Government to be a
village for purposes of this Act.
CHAPTER II
CONSTITUTION, POWERS AND FUNCTIONS OF THE BOARD
3. Constitution and incorporation of the Board -The Government shall, by
notification in the Andhra Pradesh Gazette constitute a Board by the name of
the Andhra Pradesh Bhoodan Yagna Board which shall be a body corporate
having perpetual succession and a common seal with power to enter into
contracts and to acquire, hold and dispose of property and which may, by the
said name, sue or be sued.
4. Composition of the Board - (1) The Board shall consist of a Chairman, a
Vice-Chairman and 9 other members to be appointed by the Government and
in the consitution of such Board the Government shall consult Sri Acharya
Vinobha Bhave or a person nominated by him.
(2) The appointment of the Chairman, Vice-Chairman and the other
members of the Board shall take effect from the date on which it is notified in
the  Andhra Pradesh Gazette.
5. Term of Office -Every member of the Board, including the Chairman and
Vice-Chairman shall hold office for a term of four years from the date of
notification of his appointment, and shall be eligible for re-appointment.
6. Resignation of Chairman, Vice-Chairman or other member -The
Chairman, Vice-Chairman or any other member of the Board may resign his
office by giving notice in writing to the Secretary to Government in the
administrative department concerned and on the resignation being accepted by
the Government, he shall be deemed to have vacated his office. The acceptance
of every resignation shall be published in the Andhra Pradesh Gazette, as soon
as possible thereafter.
7. Removal of Chairman or other member - (1) The Government, may, by
order, remove the Chairman, Vice-Chairman or any other member of the Board
after giving him an opportunity to make any representation which he may wish
to make, if they are satisfied that he-
(a) has become of unsound mind;
(b) has applied to be adjudicated or has been adjudicated an
insolvent;
(c) has been sentenced by a criminal court for an offence involving
moral turpitude, such sentence not having been reversed;
(d) has become incapable of acting as Chairman, Vice-Chairman or
member or has so abused his position or powers vested in him as
Chairman, Vice-Chairman or member; or
(e) has failed, without excuse sufficient in the opinion of the Board
to attend three consecutive meetings of the Board and the Board
has recommended his removal.
(2) Every order of removal under sub-section (1) shall, as soon as
possible after it is made, be published in the Andhra Pradesh Gazette.
8. Filling of casual vacancies -Any casual vacancy in the office of the
Chairman, ViceChairman or any other member of the Board shall, as soon as
may be, after the occurrence of such vacancy be filled by appointment of
another person and the Chairman, ViceChairman or other member so
appointed shall enter upon office forthwith but shall hold office only for the
residue of the term of his predecessor.
9. Dissolution and reconstitution of the Board -(1) Where the Government
are satisfied that-
(a) the Board has failed without reasonable cause or excuse to
discharge the duties, or to perform the functions, imposed on, or
assigned to, it by or under this Act or has exceeded or abused
powers; or
(b) circumstances have arisen in which the Board is, or may be,
unable to discharge the duties, or to perform the functions,
imposed on, or assigned, to it by or under this Act; or
(c) it is otherwise expedient so to do;
they may, by notification in the Andhra Pradesh Gazette
direct that the Board be dissolved with effect from a specified date
and reconstitute under section 3 either immediately or within six
months from the date of dissolution.
(2) Before directing the dissolution of the Board under sub-section (1),
the Government shall communicate to the Board the grounds on which they
propose to do so, fix a reasonable period for the Board to show cause against
the proposal and consider its explanation and objections, if any.
(3) On the date fixed for the dissolution of the Board under sub-section
(1), all its members including the Chairman and Vice-Chairman shall be
deemed to have vacated their offices.
(4) During the interval, if any, between the dissolution and the
reconstitution of the Board the Government may, by order, appoint any officer
or authority to exercise the powers and discharge the duties of the Board,
subject to such restrictions and limitations as may be specified in the order.
(5) Where the Board is dissolved under this section, the Government,
until the date of the reconstitution thereof, and the reconstituted Board
thereafter, shall be entitled to all the assets and be subject to all the liabilities
of the Board.
10. Acts of the Board, etc. not to be invalidated by informality -No act of
the Board or of any person acting as the Chairman, Vice-Chairman or a
member thereof shall be deemed to be invalid by reason only of a defect in the
constitution of the Board or of such act having been done during the period of
any vacancy in the office of the Chairman, Vice-Chairman or member or on the
ground that the Chairman, Vice-Chairman or member of the Board was not
entitled to hold or to continue in such office.
11. Local Committees -(1) The Board may, for any district or part thereof,
constitute a Local Committee consisting of a Chairman, Vice-Chairman and
three other members to be appointed by the Board from amongst the residents
of the area concerned. The appointment of such Chairman, ViceChairman and
the other members shall be for a period of four years. Such appointment shall
take effect from the date of notification in the Andhra Pradesh Gazette.
(2) The Board may, with the approval of the Government and subject to
such restrictions and limitations as it may impose, authorise any Local
Committee constituted under sub-section (1) to exercise in the area for which
such Local Committee is constituted, all or any of the duties, powers or
functions vested in the Board by or under this Act and the Board may in like
manner withdraw such authorisation.
(3) The provisions of sections 6, 7, 8, 9 and 10 shall apply to a Local
Committee as they apply to the Board subject to the modification that the
powers exercisable by, and the duties imposed on, the Government under the
said sections shall, in relation to a Local Committee, be exercised and
discharged by the Board:
Provided that the dissolution or reconstitution of a Local committee shall
be subject to the prior approval of the Government:
Provided further that where the Government are satisfied that the
removal of the Chairman, Vice-Chairman or a member of a Local Committee or
the dissolution of a Local Committee is necessary and that the Board has failed
to take action in that regard, the Government may, after consulting the Board,
remove such Chairman, ViceChairman or member or dissolve and reconstitute
such Local Committee and the provisions of sections 7 and 9 shall, as for as
may be, apply therefore.
12. Donation of land -(1) Any owner may, by declaration made in the
prescribed manner, donate his land for Bhoodan Yagna or for Gramdan:
Provided that—
(a) where a land is owned jointly by two or more persons, the
donation of such land shall not be valid unless the declaration is
signed by all such joint owners; and
(b) a declaration made by, or on behalf of a person who has not
completed the age of 21 years shall not be valid.
(2) Every declaration made under sub-section (1) shall be filed with the
Tahsildar.
13. Declarations filed under section 12 -(1) Every declaration filed under
sub-section (2) of section 12 shall, as soon as possible, be published in the
Andhra Pradesh Gazette and in such other manner as may be prescribed,
together with a notice requiring all persons interested to submit their
objections, if any, in writing to the Tahsildar within two months from the date
of the publication of the declaration in the Gazette.
(2) A copy of the declaration together with the notice referred to in sub-
section (1), shall also be served in the prescribed manner by the Tahsildar on
each of the person known or believed to be interested in the land specified in
the declaration, so far as such service may be practicable.
(3) On the expiry of the period of two months specified in sub-section (1)
and after giving notice to the Board and the Local Committee concerned, and to
the donor and the person, if any, who has filed objections, the Tahsildar shall
proceed to investigate as to the right, title and interests of the donor in respect
of the land donated by him and consider all the objections filed under sub-
section (1), and thereafter he may by an order either accept the declaration or
reject it for any of the reasons mentioned in sub-section (6).
(4) Where the Tahsildar accepts the declaration and if it is confirmed or
deemed to have been confirmed by the Board under sub-section (6), the donor
shall deliver possession of the land to the Board; and thereupon, the donation
of the land shall, subject to any order in an appeal under section 28 or any
decision in a suit under section 29 or in a further proceeding in relation to
such suit, be irrevocable and all the rights, title and interest of the donor in
such land shall stand transferred to, and vest in, the Board.
(5) Every order accepting a declaration under subsection (3) which is
confirmed or deemed to have been confirmed by the Board under sub-section
(6) shall be published in the Andhra Pradesh Gazette.
(6) The Board may at any time within two months from the date of the
order passed by the Tahsildar under subsection (3), by order confirm any
declaration accepted by the Tahsildar, or reject it for any of the following
reasons, namely:—
(i) that there are encumbrances on the land;
(ii) that there are arrears of land revenue or rent due on the
land;
(iii) that the donor is not the owner of the land or is
otherwise not competent to make the donation; or
(iv) that there is any other good or sufficient reason:
Provided that if no order is passed by the Board
rejecting any declaration accepted by the Tahsildar within
the said period of two months, it shall be deemed that the
declaration has been confirmed by the Board.
(7) Where a declaration is rejected under this section or in an appeal
under section 28 or in a suit under section 29 or in a further proceeding in
relation to such suit, the donation shall stand cancelled and the donor shall be
deemed to continue to have all the rights, title and interest as well as all the
liabilities in respect of such land as if no such declaration was ever made.
14. Grant of land by the Board -(1) The Board may, after taking into
consideration the wishes of the donor as far as possible, grant any land which
has vested in it to a landless poor person who is able and willing to cultivate
the land, or to the Government or a local authority, for a community purpose.
The grantee of the land shall then acquire therein such rights and be subject to
such liabilities, conditions, restrictions and limitations, as may be prescribed.
(2) No permanent grant of land shall be made under sub-section (1) until
three months have expired from the date of the order confirming the
declaration by the Board or from the date when the Board shall be deemed to
have confirmed the declaration or where an appeal is preferred under section
28 or a suit is instituted under section 29, until such appeal or the suit or any
further proceeding in relation thereto is finally disposed of upholding such
declaration.
(3) The Board may take such steps for the temporary management of the
lands vested in it as it thinks fit in accordance with the rules made in this
behalf, until they are disposed of under this Act.
15. Preparation of list of lands donated prior to commencement of this
Act - (1) The Board shall prepare a draft of a list of all the lands in the
territories of the State of Andhra Pradesh other than those in the Telanagana
area which have been donated and accepted for the purposes of Bhoodan
Yagna or Gramdan prior to the commencement of this Act showing therein—
(a) the area, description and other particulars of the land;
(b) the name and address of the donor;
(c) the date of the donation;
(d) the nature of the interest of the donor in the land;
(e) where the land was granted to any person in pursuance of
Bhoodan Yagna or Gramdan, the name and address of the grantee
and the date of the grant; and
(f) such, other particulars as may be prescribed.
(2) The draft list prepared under sub-section (1) shall be published in the
Andhra Pradesh Gazette and in such other manner as may be prescribed,
together with a notice requiring all persons interested to submit their
objections, if any, in writing to the Board within two months from the date of
publication of the draft list in the Andhra Pradesh Gazette.
(3) On the expiry of the period of two months specified in sub-section (2),
the Board shall after considering the objections filed under that sub-section
and after holding such inquiry as it deems fit finalize the draft list with or
without modifications.
(4) The list so finalized by the Board under sub-section (3) shall be
published in the Andhra Pradesh Gazette, and on such publication-
(a) the rights, title and interest of the donor in such land shall with
effect from the date of donation and subject to any decision in a
suit under section 29 or in a further proceeding in relation to such
suit, be deemed to stand transferred to, and vest in the Board as if
declaration has been duly filed and confirmed in respect thereto
under, and in accordance with, the provisions of sections 12 and
13; and
(b) where such land, in pursuance of Bhoodan Yagna or Gramdan
was granted to any person, it shall, with effect from the date of the
grant, and subject to any decision in a suit under section 29 or in
a further proceeding in relation to such suit, be deemed to have
been granted to him under, and in accordance with, the provisions
of section 14.
16. Fund and property of the Board -(1) The Board shall have its own Fund
called the Andhra Pradesh Bhoodan Yagna Board Fund; and all moneys which
may, from time to time, be paid to it by the Central Government or State
Government or any local authority or any person shall be carried to the Fund
and all payments by the Board shall be made therefrom.
(2) All moneys belonging to the Fund shall be deposited in such banks or
invested in such manner as may, subject to the approval of the Government, be
decided by the Board.
(3) The Board may spend such moneys as it thinks fit for performing
functions under this Act, and such moneys shall be treated as expenditure
payable out of the Fund of the Board.
(4) The Board may accept any land in exchange for the land donated in
pursuance of Bhoodan Yagna or Gramdan.
(5) All properties, funds and other assets received by, or vested in, the
Board shall be held and applied by it subject to the provisions, and for
purposes, of this Act.
CHAPTER III
CONSTITUTION, POWERS AND FUNCTIONS OF
THE GRAM SABHA
17. Declaration of a village as Gramadan village and constitution of Gram
Sabha -(1) Where, in a village:
(a) the extent of lands donated for Bhoodan Yagna or Gramdan in
respect of which declarations filed and deemed to have been filed
under section 12 have been confirmed and deemed to have been
confirmed is not less than fiftyone per cent of the total extent of
lands under private ownership in that village;
(b) the number of persons whose declarations have been so
confirmed is not less than seventy-five per cent of the total number
of persons owning lands and residing in the village; and
(c) not less than seventy-five per cent of the persons who have
completed the age of twenty-one years and who are residing in the
village have declared in the prescribed form and manner their
desire to participate in the Gramdan movement;
(d) the Government may, on the recommendation of the Board,
declare by notification in the Andhra Pradesh Gazette, that village
to be a Gramdan village with effect from the date specified in such
notification.
(2) As soon as may be after the publication of the notification under sub-
section (1), there shall be constituted for the Gramdan Village specified in the
notification, a Gram Sabha, and every person who has completed the age of
twenty one years who, either has donated any land for Bhoodan Yagna or
Gramdan or who owns any land or house or whose name is included in the
electoral roll of that village under the Andhra Pradesh Panchayat Raj Act,
1994], shall be a member of such Sabha: Provided that a person shall be
disqualified for being a member such Sabha if he is not a citizen of India or is
of unsound mind and stands so declared by a competent court.
(3) The Gram Sabha shall be a body corporate having perpetual
succession and a common seal with power to enter into contracts, and to
acquire, hold and dispose of property and which may, by the said name, sue or
be sued.
(4) The Board shall cause to be prepared and published in the prescribed
manner a list of the names of members of each Gram Sabha. The Gram Sabha
may, from time to time, amend the list for the purpose of bringing it upto-date
and a copy of every such amendment shall be sent to the Board which shall
cause it to be published in the prescribed manner. Every such list and the
amendments thereto published under this sub-section shall be final and shall
not be questioned in any court of law.
(5) With effect from the date on which the list of members of the Gram
Sabha is first published in the Andhra Pradesh Gazette, all the lands in the
Gramdan Village which have vested in the Board under this Act, shall stand
transferred to and vest in, the Gram Sabha. Any land in the Gramdan Village
which vests in the Board by way of donation after the date aforesaid shall also
stand transferred to, and vest in, the Gram Sabha with effect from the date on
which it vested in the Board.
(6) (a) There shall be a President and a Vice-President for each Gram
Sabha who shall be elected from among themselves by the members of Gram
Sabha in the manner prescribed.
(b) The President or Vice-president shall hold office for a period of
four years from the date of his election.
(c) The President may resign his office by giving notice in writing to
the Gram Sabha and on the resignation being accepted by the
Gram Sabha, he shall be deemed to have vacated his office.
(d) The Vice-President may resign his office by giving notice in
writing to the president and he shall be deemed to have vacated
his office with effect on and from the date on which the notice was
received by the president.
(e) The Vice-President shall exercise such powers and perform such
functions of the president as the president may, from time to time,
delegate to him in writing.
(f) Any casual vacancy, in the office of the president or vice-
president shall, as soon as may be after the occurrence of such
vacancy be filled by the election of another person from among
themselves by the members of Gram Sabha and the president or
the vice-president so elected shall enter upon office forthwith but
shall hold office only for the residue of the term of his predecessor.
18. Power of grantee of land to donate land to Gram Sabha- (1) Any person
who is, or who is deemed to have been granted land by the Board under section
14 or section 15, or any person to whom land donated for the purpose of
Bhoodan Yagna or Gramdan was granted in the Telangana area before the
commencement of this Act, may by a declaration made in the prescribed
manner, donate that land to the Gram Sabha established for the village in
which such land is situate.
(2) Where a declaration made under sub-section (1) is confirmed by the
Board, the donation of the land, shall, notwithstanding anything to the
contrary in section 14 or section 15, be irrevocable and all the rights, title and
interest of the donor in such land shall stand transferred to, and vest in, the
Gram Sabha.
19. Power of Gram Sabha to transfer and alienate land -(1) No Gram Sabha
shall, without the previous sanction of the Government alienate or transfer any
land vested in it or any right or interest therein: Provided that the Gram Sabha
may, with the previous sanction of the District Collector exchange lands for the
purpose of securing consolidation of holding or hypothecate the lands vested in
it in favour of the Government or a Cooperative Society or Land Mortgage Bank
for the purpose of securing a loan.
(2) Any transaction made in contravention of subsection (1) shall be null
and void.
20. Management of the lands vested in Gram Sabha - (1) The Gram Sabha
may, —
(a) arrange for the cultivation of all the lands vested in it either by
itself or by allotting to the residents of the village, whether jointly
or individually, on such terms and conditions as it thinks fit;
(b) apportion the produce or income of the lands cultivated jointly;
(c) set apart lands for the general good of the community as may be
specified in the rules;
(d) make advances either in kind or in cash to persons to whom
lands are allotted and recover these advances;
(e) carry out measures for the improvement of the methods of
cultivation, the reclamation of waste lands and such other
purposes as may be specified in the rules.
21. Acts of Gram Sabha or its committee not to be invalidated by
informality, etc. - No act of a Gram Sabha or any committee thereof shall be
deemed to be invalid by reason only of defect in the constitution of the Gram
Sabha or the Committee.
22. Allotment of land by Gram Sabha -The allotment of land in a Gramdan
Village for cultivation shall be subject to the following conditions, namely:—
(a) the allottee shall, unless specifically exempted by the Gram
Sabha, cultivate the land personally;
(b) the allottee shall not transfer his interest in the land allotted,
but such interest shall be heritable.
Explanation—For the purpose of this sub-section and section 24,
land shall not be deemed to be cultivated personally unless the
person himself or any member of his family puts in such minimum
labour on the land as may be laid down by the regulations made
by the Gram Sabha.
23. Disputes regarding allotment of land -(1) Any person aggrieved by an
order of allotment of land made by a Gram Sabha may make an application to
the Gram Sabha within sixty days from the date of such order for arbitration
by an Arbitration Board. On receipt of such application the Gram Sabha shall
refer the dispute to arbitration.
(2) An Arbitration Board under sub-section (1) shall consist of,—
(i) one member nominated by the applicant;
(ii) one member nominated by the Gram Sabha; and
(iii) one member nominated jointly by the members referred
to in clauses (i) and (ii) but if there is no agreement in that
regard, one member to be appointed by the Tahsildar.
(3) The decision of the Arbitration Board shall be final and binding on the
parties.
24. Eviction of allottee -The Tahsildar may on application made by a Gram
Sabha and, after giving him an opportunity of making a representation, evict
any  allottee from the land allotted to him if he fails, without sufficient cause,
to cultivate the land personally during a period of two consecutive agricultural
years.
Explanation—In this section agricultural year means the year commencing on
the 1st day of June or such other date as may be notified by the Government in
the Andhra Pradesh Gazette in respect of any locality having regard to the
usage or custom of the locality for the commencement of agricultural
operations.
25. Funds of Gram Sabha -Every Gram Sabha shall have a fund into which
shall be credited all sums and moneys received by such Sabha including the
proceeds of any cultivation undertaken by it and the sums collected from the
persons to whom the lands have been allotted by the Sabha. The fund shall be
administered by the Gram Sabha in accordance with the provisions of this Act,
the rules and the regulations made thereunder.
26. Attachment and sale of lands vesting in Gram Sabha -The land vesting
in a Gram Sabha shall not be liable to attachment or sale in execution of any
decree or order passed by a civil or revenue court in respect of an unsecured
debt.
27. Supersession of a Gram Sabha  -(1) If at any time, the Government are of
opinion, that a Gram Sabha—
(a) is not competent to perform, or persistently makes default in
performing, the duties assigned to it by or under this Act; or
(b) exceeds or abuses the powers assigned to it by or under this
Act; or
(c) is not functioning in a manner consistent with the provisions of
this Act or the rules framed thereunder; the Government may, by
notification in the Andhra Pradesh Gazette and stating the reasons
therefor, supersede the Gram Sabha for such period not exceeding
one year as may be specified therein:
Provided that before issuing any such notification, the
Government shall give an opportunity to the Gram Sabha to show
cause why it should not be superseded and shall consider its
explanations and objections, if any.
(2) On the publication of a notification under sub-section (1) superseding
the Gram Sabha,—
(a) the President and Vice-President of the Gram Sabha and the
President and the members of all committees constituted by the
Gram Sabha shall as from the date of notification vacate their
offices as such;
(b) all the powers and duties of the Gram Sabha, during the period
of supersession, be exercised and performed by such person or
persons as the Government may, from time to time, appoint in this
behalf;
(c) all properties vested in the Gram Sabha shall vest in the
Government.
(3) At any time on or before the expiration of the period of supersession
specified in the notification issued under sub-section (1), the Government may
extend the period of supersession of a Gram Sabha for such further period not
exceeding one year at a time, as they may consider necessary, and on the
expiration of the period of supersession either as originally specified or as
extended, the Gram Sabha shall resume its functions and elect its President
and Vice-President and constitute the committees, in the manner provided in
this Act:
 Provided that the Government may at any time before the expiration of
the period of supersession by notification published in the Andhra Pradesh
Gazette reduce the period of supersession specified in the notification issued
under sub-section (1).
(4) The income derived from the Gramdan Village during the period of
supersession, shall first be utilized towards the cost of management during the
period of supersession and liquidation of liabilities of the Gram Sabha and the
balance if any, shall be credited to the fund of the Gram Sabha.
CHAPTER IV
MISCELLANEOUS
28. Appeal - Against an order passed by the Tahsildar under sub-section (3) of
section 13 an appeal shall lie to the Revenue Divisional Officer concerned
within thirty days from the date of the order.
29. Filing of suits -Any person whose interests are affected as result of the
donation of any land for the purpose of Bhoodan Yagna or Gramdan whether
before or after the commencement of this Act, may institute a suit in a civil
court having jurisdiction—
(a) in the case of land donated before the commencement of this
Act, within three months from the date of publication of the list
under sub-section (4) of section 15;
(b) in the case of land donated after the commencement of this Act,
within three months from the date of publication of the order of the
Tahsildar under section 13, or where an appeal is filed under
section 28 within three months from the date of the order passed
in the appeal:
 Provided that a person who had not filed objection under
section 13 and who was not present or represented in the
proceedings before the Tahsildar or the Revenue Divisional Officer
under section 13 or section 28, may institute a suit within three
months from the date of publication of the order under sub-section
(5) of section 13.
30. Grantee or allottee of land not to be a tenant -No person to whom any
land is granted by the Board or is allotted by a Gram Sabha under this Act
shall be deemed to be a tenant in respect of such land for the purpose of any
law relating to tenancy for the time being in force.
31. Exemption of stamp duty and registration fee etc. - Every declaration
and any grant or allotment of land made or deemed to have been made under
this Act shall be, and be deemed always to have been, exempt from the
payment of fee for encumbrance certificate, stamp duty, registration fee and fee
for the attestation of power of attorney under sub-section (2) of section 33 of
the Indian Registration Act, 1908.
32. Act to over ride other laws -The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law for
the time being in force.
33. Power to make regulations -(1) The Board may, with the previous
sanction of the Government, by notification in the Andhra Pradesh Gazette
make regulations not inconsistent with this Act and the rules made
thereunder, to provide for the conduct of its business and all other matters for
which provision is necessary and expedient for the purpose of enabling it to
discharge its functions under this Act.
(2) Subject to the provisions of this Act, and the rules, if any, made
thereunder, every Gram Sabha may make regulations to carry-out the
purposes of this Act and in particular for the conduct of business, election of
office bearers, appointment of Committees, maintenance of accounts and the
audit thereof, appointment of servants and the remuneration payable to them,
the principles to be followed in the allotment of land and for the levy of sums
for such allotment, the grounds on which the allottees may be evicted from the
lands, the manner of eviction of the allottees and any other matter for which
provision is necessary and expedient for the purposes of enabling it to
discharge its functions under this Act.
34. Power to make Rules -(1) The Government may, by notification in the
Andhra Pradesh Gazette make rules for carrying out all or any of the purposes
of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power such rules may provide for—
(a) the matters to be taken into account by the Board in granting
lands to landless poor persons;
(b) the form of declaration and the manner in which it shall be filed
and the documents to be filed along with the declaration;
(c) the manner of inquiry, and hearing and disposal of objections
under section 13;
(d) the service of notices under this Act;
(e) the payment of traveling and other allowances to the Chairman,
Vice-Chairman and members of the Board and Local Committees;
(f) the procedure to be followed by the Board and Local Committees
in respect of financial matters generally, including the manner in
which, and the restrictions, limitations and conditions subject to
which, expenditure may be incurred by the Board and the Local
Committees;
(g) the form in which the accounts of the Board and Local
Committees shall be kept, the audit and publication of such
accounts and the charges, if any, to be made for such audit;
(h) the preparation of an annual budget and the reports and
returns to be furnished by the Board to the Government and by
the Local Committees to the Board;
(i) the appointment of a secretary and staff for the Board and the
Local Committees and the remuneration payable to them and the
delegation of the powers of the Board and Local Committees to the
respective Chairman, Vice-Chairman and Secretary;
(j) the summoning and holding of meetings of the Board and the
Local Committees and the time and place at which such meeting
shall be held, the conduct of business thereat and the number of
members necessary to constitute a quorum;
(k) the sub-division of lands where any portion of land is granted or
donated under this Act;
(l) the settlement of disputes in regard to the allotment of lands by
a Gram Sabha, the levy of sums for such allotment and the
eviction of allottees from the lands allotted;
(m) the enforcement of the decision of a Gram Sabha;
(n) any other matter which has to be, or may be, prescribed.
(3) Every rule made under this section shall be laid immediately after it is
made, 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 thereafter 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.
35. Repeal and saving -The Shri Acharya Vinoba Bhave Sarvodaya Bhoo-
Yagna, Hyderabad Land Revenue Special Rules, 1951, are hereby repealed:
Provided that such repeal shall not affect the previous operation of the
said rules or any right, title, obligation or liability already acquired, accrued or
incurred thereunder and subject thereto, anything done or any action taken in
the exercise of any power conferred by or under the said rules shall be deemed
to have been done or taken in the exercise of the powers conferred by or under
this Act as if this Act was in force on the date on which such thing was done or
action was taken:
Provided further that all the lands donated under the said rules and
vested in the Government before the commencement of this Act shall after such
commencement be deemed to vest in the Board.

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