The Andhra Pradesh Occupants of Homesteads (Conferment of Ownership) Act, 1976.

THE ANDHRA PRADESH OCCUPANTS OF HOMESTEADS
(CONFERMENT OF OWNERSHIP) ACT, 1976
ACT NO. 21 OF 1976
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent, commencement and application.
2. Declaration as to giving effect to certain directive principles.
3. Definitions.
4. Bar to eviction of an occupant of homestead for dwelling
house or homestead.
5. Occupant of homestead to become owner.
6. Issue of certificate of ownership of homestead.
7. Disputes to be decided by the authorised officer.
8. Appeal.
9. Revision.
10. Powers of authorized officer to call for information,
Summoning of witnesses etc.
11. Bar of jurisdiction of Civil Courts.
12. Authorised officer etc., to be public servants.
13. Protection of action taken in good faith.
14. Act to over-ride other laws.
15. Power to make rules.
16. Exemptions.
17. Repeal of Ordinance 3 of 1975.
THE ANDHRA PRADESH OCCUPANTS OF HOMESTEADS
(CONFERMENT OF OWNERSHIP) ACT, 1976.
ACT No. 21 of 1976.
[9th March, 1976].
AN ACT TO PROVIDE FOR THE CONFERMENT OF RIGHT OF
OWNERSHIP ON LANDLESS AGRICULTURISTS, AGRICULTURAL
LABOURERS AND ARTISANS, IN RESPECT OF SITES OCCUPIED
BY AND ADJACENT TO, THEIR DWELLING HOUSES OR HUTS IN
RURAL AREAS OF THE STATE OF ANDHRA PRADESH.
BE it enacted by the Legislature of the State of Andhra Pradesh in the
Twenty-seventh Year of the Republic of India, as follows:-
1. Short title, extent, commencement and application -(1) This Act
may be called the Andhra Pradesh Occupants of Homesteads (Conferment
of Ownership) Act, 1976.
(2) It extends to the whole of the State of AndhraPradesh.
(3) It shall be deemed to have come into force on the 14th August,
1975.
(4) It shall apply to all local areas of the State, other than those
comprised within the jurisdiction of the Municipal Corporation of
Hyderabad and of any Municipality constituted under the Andhra Pradesh
Municipalities Act, 1965 (Act 6 of 1965).
2. Declaration as to giving effect to certain directive principles- It
is hereby declared that this Act is for giving effect to the policy of the State
towards securing the principles specified in clauses (b) and (c) of article 39
of the Constitution of India.
3. Definitions - In this Act, unless the context otherwise requires,-
(1) ‘agricultural labourer’means a person whose principal
means of livelihood is the income derived from the wages for his manual
labour on agricultural land;
(2) ‘agricultural land’means any land used for any of the
following purposes namely:-
(a) horticulture;
(b) the raising of crops, grass or garden produce;
(c) grazing;
(d) the raising of manure crops;
(e) dairy farming;
(f) poultry farming;
(g) live-stock breeding;
(h) growing of tress; and
(i) includes any land used for any purpose subservient to the
above purposes, any forest land, pasture land, plantation, orchard and
tope; but does not include house-site or land used exclusively for
non-agricultural purposes;
(3) ‘agriculturist’means a person who cultivates agricultural
land by the contribution of his own manual labour or of the manual
labour of any member of his family;
Explanation-For the purposes of this clause, the term ‘family’ shall
consist of the agriculturist, his wife and dependent parents and children;
(4) ‘artisan’includes a village carpenter, blacksmith, barber,
washerman, potter and other persons engaged in such other callings or
employment as may be specified by the Government in this behalf;
(5) ‘authorised officer’ means any Tahsildar specially
authorised by the Government by notification to exercise the powers
conferred on, and perform the functions entrusted to, the authorised
officer by or under this Act, for such areas as may be specified in the
notification;
(6) ‘date of commencement of this Act’means the date
specified in sub-section (3) of section 1;
(7) ‘dwelling house’includes a hut;
(8) ‘Government’means the State Government;
(9) ‘homestead’means the site of any dwelling house occupied,
either as licensee or otherwise, by any landless agriculturist or
agricultural labourer or artisan in any village and includes such other
area adjacent to the dwelling house as may be necessary for the
convenient enjoyment of such dwelling house;
(10) ‘landless agriculturist’means an agriculturist, who does not
hold any agricultural land as owner, or who owns an extent of agricultural
land which does not exceed one hectare if it is a wet land, and two
hectares if it is a dry land;
(11) ‘land-owner’means an owner of the homestead and includes
a lessor licensor in relation to any homestead, trustee, usufructuary
mortgagee and any other intermediary who has an interest in the
homestead;
(12) ‘notification’means a notification published in the Andhra
Pradesh Gazette; and the work ‘notified’ shall be construed accordingly;
(13) ‘occupant of homestead’means any landless agriculturist or
agricultural labourer or artisan for the time being in occupation of the
dwelling house built at his expense or at the expense of his predecessor in
title on a homestead belonging to a land owner;
Explanation.-It shall be presumed until the contrary is proved that
the dwelling house has been built by the occupant thereof, at his expense;
(14) ‘prescribed’means prescribed by rules made by the
Government under this Act;
(15) ‘village’means any local area which is recognised as village
in the revenue accounts of the Government.
4. Bar to eviction of an occupant of homestead from dwelling
house or homestead - (1) If in any village, an occupant of home-stead is
in occupation of a dwelling house on the date of commencement of this
Act, the said occupant of homestead shall not be evicted from such
dwelling house or homestead, unless the land-owner proves that the
homestead belongs to him and that the dwelling house thereon was built
at his expense and the person occupying the dwelling house is only a
tenant and not an occupant of homestead.
(2) The provisions of sub-section (1) shall not apply to a dwelling
house which is situated on any agricultural land from which a tenant of
such agricultural land has been evicted consequent upon the lawful
resumption of the land by the land-owner in accordance with any law for
the time being in force in that behalf.
(3) If an occupant of homestead who was in occupation of a
dwelling house on or after the 6th October, 1971, has been evicted before
the commencement of this Act, the authorised officer shall, on an
application made by the said occupant of the home-stead, within six
months from the date of such commencement or may, suo motu at any
time, after making such inquiry as may be prescribed, restore the
possession of the homestead and dwelling house to the said occupant of
homestead and on such restoration, the provisions of this Act shall apply
as if he were in occupation of the said homestead and dwelling house on
the date of commencement of this Act.
Explanation.-For the purposes of this section ‘tenant’ means any
person who has paid or has agreed to pay rent or other consideration for
his being allowed by another to enjoy the land of the latter under a
tenancy agreement express or implied, and includes his heirs and legal
representatives.
5. Occupant of homestead to become owner - (1) Subject to the other
provisions of this Act, an occupant of homestead in occupation of a
dwelling house on the date of commencement of this Act, or an occupant
of homestead who is restored to possession of the homestead and dwelling
house under sub-section (3) of section 4 shall, with effect on and from the
said date of commencement, be the owner of such homestead and
dwelling house:
Provided that the extent of homestead which the occupant of
homestead is entitled to become an owner under this sub-section shall
not exceed 0.056 hectares (5 cents).
(2) The right of ownership conferred on an occupant of
homestead under sub-section (1) shall be heritable but not alienable.
6. Issue of certificate of ownership of homestead - (1) As soon as
may be, after the commencement of this Act, the authorised officer may
either suo motu or shall on an application made by an occupant of
homestead, after making such enquiry as may be prescribed, determine
the total extent of homestead in his occupation on the date of
commencement of this Act, the extent of homestead in respect of which he
is entitled to become owner under sub-section(1) of section 5, and the
price payable therefor, and the amount of each instalment of the price and
the time within which it is payable.
(2) The price determined under sub-section (1) shall in no case
exceed an amount which is equal to fifty times the land revenue payable
in respect of the homestead and it shall be paid by the occupant of
homestead at his option either in/one lumpsum or in fifteen equal annual
installments.
Explanation.-For the purposes of this section “land revenue” means
the 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 that Act, together with the additional
land revenue payable thereunder:
Provided that in the case of any land in respect of which no land
revenue is payable, the land revenue in respect of such land shall be the
same as the land revenue payable for similar land in the vicinity.
(3) (a) The authorised officer shall, after satisfying himself that
the entire price in one lumpsum or the first installment thereof as
determined by him under sub-section (1), has been deposited with the
Government in such manner as may be prescribed, issue a certificate of
ownership to the occupant of home-stead concerned in such form and
containing such particulars as may be prescribed; and on the issue of
such certificate the homestead and the dwelling house shall vest in him
absolutely free from all encumbrances with effect from the date of
commencement of this Act.
(b) The certificate issued under clause (a) shall be conclusive
evidence of the ownership in the land specified in the said certificate
having been vested in the said occupant as against the land-owner, and
all other persons claiming under him or having any interest therein.
(c) The price deposited by the occupant of homestead with the
Government under clause (a) shall be paid to the land owner in such
manner as may be prescribed.
(4) Where a certificate of ownership has been issued under
sub-section (3) on the deposit by the occupant of homestead with the
Government of only the first installment of the price, the homestead shall
be deemed to be the security for the payment of the remaining
installments.
(5) If the occupant of the homestead to whom a certificate of
ownership has been issued under sub-section (3) fails to deposit any
installment of the price within the time specified in the said certificate, the
installment which has become due shall, on an application made in this
regard by that land-owner to the authorised officer, be recovered from the
occupant of the homestead as an arrear of land revenue.
7. Disputes to be decided by the authorised officer - If any dispute
arises between the land-owner and an occupant of homestead regarding
any mater governed by the provisions of this Act including any dispute as
to whether or not any landless agriculturists or agricultural labourer or
artisan, was occupying any dwelling house on the date of commencement
of this Act, such dispute shall be decided by the authorised officer, after
following such procedure as may be prescribed.
8. Appeal - Any person aggrieved by any order or decision of the
authorised officer under this Act may appeal to the Revenue Divisional
Officer within such period as may be prescribed and the Revenue
Divisional Officer shall decide the appeal after following such procedure as
may be prescribed.
9. 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 the District Collector that such decision, order or
proceedings should be modified, annulled, reversed or remitted for
reconsideration, he may pass orders accordingly:
Provided that the District Collector shall not pass any order
adversely affecting any party unless such party has been given an
opportunity of making his representation.
10. Powers of authorised officer to call for information, Summoning
of witnesses, etc., -(1) The authorised officer may, for the purpose of
carrying out the provisions of this Act, by order, require any person to
furnish such information in his possession relating to any dwelling house
or homestead.
(2) The authorised officer shall, while holding an inquiry under this
Act, have all the powers of a Civil Court, while trying a suit under the
Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the
following matters, namely:-
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office;
(e) issuing commission for examination of witnesses.
11. Bar of jurisdiction of civil courts - No civil court shall have
jurisdiction in respect of any matter which the Government are, or the
authorised officer is empowered by or under this Act, to determine and no
order of eviction shall be passed and no injunction shall be granted by
any Court or other authority in respect of any action taken or to be taken
in pursuance of any power conferred by or under this Act.
12. Authorised Officer, etc., to the public servant - The authorised
officer and any person empowered by him under this Act shall be deemed
to be public servants within the meaning of section 21 of the Indian Penal
Code (Central Act 45 of 1860).
13. Protection of action taken in good faith - (1) No suit, prosecution
or other legal proceeding shall lie against any person for anything which is
in good faith, done or intended to be done in pursuance of this Act or of
any rule or order made thereunder.
(2) No suit or other legal proceeding shall lie against the
Government or the authorised officer or any authority or officer
subordinate to the Government or the authorised officer for any damage
caused or likely to be caused by anything which is, in good faith, done or
intended to be done in pursuance of this Act or of any rule or order made
thereunder.
14. Act to override other laws - The Provisions of this Act and rules
made thereunder shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time being in force, or any
custom, usage, or contract or decree or order of a Court or other
authority.
15. 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) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for or regulate -
(a) all matters expressly required or allowed by this Act to be
prescribed;
(b) the fees payable in respect of any application or statement
under this Act;
(c) the manner of service of notice and orders under this Act.
(3) 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 from or 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.
16. Exemptions - Nothing in this Act shall apply to the following lands,
namely:-
(a) lands held by the State or the Central Government or any
local authority;
(b) lands held by religious, charitable, medical or educational
institutions, including a wakf;
(c) lands held by an undertaking owned, controlled or managed
by -
(i) a Government Company as defined1[in section 617 of the
Companies Act, 1956 (Central Act 1 of 1956)];
(ii) a Corporation established by or under a Central, Provincial or
State Act, which is controlled or managed by the State Government or the
Central Government;
(d) such other lands or classes of lands as may be notified by the
Government, from time to time, in this behalf.
17. Repeal of Ordinance 3 of 1975 - The Andhra Pradesh Occupants
of Homesteads (Conferment of Ownership) Ordinance, 1975, is hereby
repealed.
1. See now the relevant provisions of the Companies Act, 2013 (Central Act 18 of 2013).

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