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The Andhra Pradesh Land Revenue (Additional Wet Assessment) Act, 1975.

Andhra Pradesh · state statute
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THE ANDHRA PRADESH LAND REVENUE
(ADDITIONAL WET ASSESSMENT) ACT, 1975
ACT No.2 OF 1975
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Definitions
3. Levy of additional land revenue assessment on wet lands
4. Determination of additional land revenue assessment
5. Remission of additional land revenue assessment
6. Appeal
7. Revision
8. Additional land revenue assessment payable under this Act to
be treated as public revenue due upon the land
9. Notification of Government source of irrigation
10. Power to make rules
11. Bar of Jurisdiction of Courts
12. Act to override other laws
13. Repeal of Andhra Pradesh Ordinance 10 of 1974
THE ANDHRA PRADESH LAND REVENUE
(ADDITIONAL WET ASSESSMENT) ACT, 1975
ACT No.2 OF 1975
[1st  March, 1975]
AN ACT TO PROVIDE FOR THE LEVY OF ADDITIONAL LAND REVENUE
ASSESSMENT ON WET LANDS IN THE STATE OF ANDHRA PRADESH.
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Twenty-sixth year of the Republic of India as follows:-
1. Short title, extent and commencement - (1) This Act may be called the
Andhra Pradesh Land Revenue (Additional Wet Assessment) Act, 1975.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on the1[first day of July,
1986].
2. Definitions - In this Act, unless the context otherwise requires,-
(a) "fasliyear" means a period of twelve months commencing on the
first day of July of every year;
(b) "Government" means the State Government;
(c) "Government source of irrigation" means any source of
irrigation which is owned or controlled by the Government or
constructed or maintained by them but does not include a rain-fed
tank which ordinarily supplied water for a period of less than eight
months in a fasli year;
Explanation - The expression 'rain-fed tank' means a tank which
derives supply of water from a source other than a river;
(d) "land revenue" means the amount of land revenue as defined in
clause (f) of section 2 of the Andhra Pradesh Land Revenue
(Enhancement) Act, 1967 (Act 8 of 1967),  or as the case may be as
determined under section 5 of that Act, in regard to the wet land,
together with the additional land revenue as determined and
payable for any wet land under that Act;
(e) "law" includes any enactment, Ordinance, regulation, order,
bye-law, rule, scheme, notification, or other instrument having the
force of law;
(f) "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;
(g) "Revenue Divisional Officer" means the Revenue Divisional
Officer in whose jurisdiction the wet land is situate and includes
any officer of the Revenue Department not below the rank of a
Revenue Divisional Officer empowered by the Government to
exercise the powers and perform the functions of the Revenue
Divisional Officer under this Act;
(h) "Tahsildar" means the Tahsildar in whose jurisdiction the wet
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;
1 . Substituted by Act 12 of 1986, sec 3.
(i) "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 but does not include a wet land which is
registered in the land revenue accounts of the Government as
being irrigated under any well, spring channel, parrekalva,
naddinala, vagunala, kasam, sona, bila, uppalwatbonda, doruvu,
bhurki, kole or by crossbunding.
3. Levy of additional land revenue assessment on wet lands - (1) In respect
of every wet land in the State held by a pattadar and served by a Government
source of irrigation, there shall be levied and collected by the Government from
the pattadar for every fasli year commencing on the first day of July, 1974 and
for each subsequent fasli year, an additional land revenue assessment at the
rate of one hundred per cent of the land revenue payable thereon for that fasli
year.
(2) The additional land revenue assessment referred to in sub-section (1)
in respect of any wet land shall be in addition to the land revenue payable by a
pattadar in respect of that land.
1[(3) In respect of every wet land in the State held by a pattadar and
served by a Government source of irrigation, there shall be levied and collected
by the Government from the pattadar for every fasli year commencing on the
first day of July, 1986 and for each subsequent fasli year, an additional land
revenue assessment at the rate of one hundred percent, of the total amount of
land revenue and the additional land revenue assessment under sub-section
(1) payable thereon for that fasli year.
(4) The additional land revenue assessment referred to in sub-section (3)
in respect of any wet land shall be in addition to the land revenue payable by a
pattadar in respect of that land and the additional land revenue payable under
sub-section (1).]
4. Determination of additional land revenue assessment - (1) The additional
land revenue assessment payable under this Act by each pattadar in respect
his wet lands in every village shall ordinarily be determined for the fasli year
commencing on the first day of July, 1974  and assessed by the Tahsildar in
accordance with the provisions of section 3. The additional land revenue
assessment so determined shall continue in force until modified by the
competent authority in accordance with the provisions of this Act.
(2) As soon as may be, on the commencement of this Act the Tahsildar
shall, subject to any general or special orders issued by the Government in this
regard, cause a list to be prepared and published in such form as may be laid
down by the rules made in this behalf, containing the names of the pattadars
in every village within his jurisdiction and the extent of the wet lands held by
them, the land revenue payable thereon and the additional land revenue
assessment payable under this Act.
(3) The list prepared under sub-section (2) shall be published in such
manner as may be laid down by the rules made in this behalf in the village and
on such publication, every pattadar who is liable to pay the additional land
revenue assessment under this Act shall be deemed to have had notice of such
assessment.
(4) Any person interested in and objecting to the additional land revenue
assessment specified in the list published under sub-section (3), may make an
application in writing to the Tahsildar within thirty days from the date of
publication of the said list and the Tahsildar shall after considering the
objections in every such application pass such order thereon as he thinks fit
and serve the same on the person concerned. Every such order shall, subject to
the provisions of sections 6 and 7 be final.
1 . Inserted by Act No. 12 of 1986, s 2.
(5) If no application is made under sub-section (4) within the period
specified, the additional land revenue assessment specified in the list
published under sub-section (3) shall, subject to the provisions of sections 6
and 7, be final.
5. Remission of additional land revenue assessment - (1) Where on account
of total or partial failure of crops, the land revenue in respect of any wet land
has been remitted in accordance with the rules made therefor, the additional
land revenue assessment payable in respect of such land under this Act shall
stand remitted at the same rate at which the land revenue was remitted.
(2) Where any question arises whether any pattadar is entitled to
remission of additional land revenue assessment under sub-section (1), or
regarding the extent of such remission the question shall be decided by the
Tahsildar.
6. Appeal - (1) Any person who has not made an application under  sub-
section (4) of section 4 may within thirty days from the date on which the
additional land revenue assessment specified in the list published has become
final under subsection (5) of that section, appeal against such additional land
revenue assessment, to the Revenue Divisional Officer who shall pass such
order as he may think fit confirming, modifying or annulling such additional
land revenue assessment appealed against.
(2) Any person aggrieved by a decision or an order passed by the
Tahsildar under this Act may within thirty days from the date of service on him
of the decision or order, appeal to the Revenue Divisional Officer, who shall
pass such order as he may think fit, confirming, modifying or annulling the
decision or order appealed against.
7.Revision -The District Collector may either suo-motu or on an application,
call for and examine the records of any officer subordinate to him in respect of
any decision, order or other proceedings made under this Act to satisfy 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 him that
such decision, order, or proceedings should be modified, annulled, or reversed
or remitted for reconsideration, he may pass order accordingly:
Provided that the District Collector shall not pass an order adversely
affecting any party unless the party has been given an opportunity of making
representation.
8. Additional land revenue assessment payable under this Act to be
treated as public revenue due upon the land - The additional land revenue
assessment payable under this Act, by a pattadar in respect of any wet land
shall be deemed to be public revenue due upon the said land and provisions of
the Andhra Pradesh Revenue Recovery Act, 1864 (Act II of 1864). shall apply.
9. Notification of Government source of irrigation - (1) For the purpose of
levying additional land revenue assessment under section 3, the Board of
Revenue shall, by notification published in the Andhra Pradesh Gazette and
the District Gazette, specify the Government source of irrigation and may in
like manner include in, or exclude from, such notification any such source.
(2) Any person aggrieved by a notification published under
sub-section (1) may, within thirty days from the date of publication of the
notification in the Andhra Pradesh Gazette and the District Gazette, whichever
is later, prefer an appeal to the Government whose decision thereon shall be
final.
10. Power to make rules - (1) The Government may, by notification published
in the Andhra Pradesh Gazette, make rules for carrying out all or any of the
purposes of this Act.
(2) Every rule made under this Act shall, immediately after it is made, be
laid before each House of the State Legislature if it is in session and if it is not
in session in the session immediately following, for a total period of fourteen
days which may be comprised in one session or in two successive sessions, and
if, before the expiration of the session in which it is so laid or the session
immediately following, both Houses agree in making any modification in the
rule, or in the annulment of the rule, the rule shall, from the date on which the
modification or annulment is notified in the Andhra Pradesh  Gazette 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.
11. Bar of jurisdiction of Courts - The rates of additional land revenue
assessment levied in accordance with the provisions of this Act shall not be
called in question in any court of law.
12. Act to override other laws - The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law for
the time being in force, custom or usage having the force of law, or contract or
judgment, decree or order of a court or other authority.
13. Repeal of Andhra PradeshOrdinance 10 of 1974 - The Andhra Pradesh
Land Revenue (Additional Wet Assessment) Ordinance, 1974 is hereby
repealed.

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