LexThe Telangana Prevention of Fragmentation and Consolidation of Holdings Act, 1956.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA PREVENTION OF FRAGMENTATION AND
CONSOLIDATION OF HOLDINGS ACT, 1956.
ACT NO. XL OF 1956.
ARRANGEMENT OF SECTIONS
Sections
CHAPTER I.
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II.
DETERMINATION OF LOCAL AND STANDARD
AREAS AND TREATMENT OF FRAGMENTS.
3. Determination of Local Area.
4. Settlement of standard areas.
5. Determination and revision of standard area.
6. Entry in the Record of Rights.
7. Transfer and lease of fragments.
8. Restriction on permanent alienation of land, etc.
9. Restriction on partition of land.
10. Section 7, 8 and 9 not to apply to transfer for
public purpose.
11. Penalty for transfer or partition, contrary to
provisions of Act.
12. Transfer of fragment to the Government.
13. Determination of compensation for purposes of
section 12.
14. Fragment not to be sold at court sale or created
by such sale.
2 [Act No. XL of 1956]
CHAPTER III.
PROCEDURE FOR CONSOLIDATION.
15. The Government may of its own accord or on
application declare its intention to make scheme
for consolidation of holdings.
16. Preparation of the scheme and the principles to
be followed in its preparation.
17. Scheme to provide for compensation.
18. Amalgamation of public roads, etc., within
scheme for consolidation of holdings.
19. Lands reserved for common purposes.
20. Publication of draft scheme.
21. Confirmation of scheme.
22. Right to possession of new holdings.
23. Coming into force of Scheme.
24. Certain laws, no ban on transfer of holdings.
25. Certificate of transfer.
26. Assessment and recovery of cost.
27. Recovery of compensation or costs or other sums
payable under this Act.
CHAPTER IV.
EFFECT OF CONSOLIDATION PROCEEDINGS
AND OF CONSOLIDATION OF HOLDINGS.
28. Exercise by Consolidation Officer of powers
under certain Acts.
29. Stay of proceedings under sections 120 and 124
of Act VIII of 1317 F. ban on transfer of land
during continuance of consolidation proceedings.
30. Rights in holdings.
[Act No. XL of 1956] 3
31. Transfer of encumbrances.
32. Consolidation Officer to decide whether lease
should be transferred or not.
33. Apportionment of compensation or net value in
case of dispute.
34. Alienation and sub-division of consolidated
holdings.
35. Power to vary scheme on the ground of error,
irregularity or informality.
36. Power to vary or revoke scheme at any time.
CHAPTER V.
OTHER POWERS OF CONSOLIDATION
OFFICERS.
37. Power of officers to enter upon land for purposes
of survey and demarcation.
38. Penalty for destruction, injury or removal of
survey marks.
39. Report of destruction or removal or injury to
survey mark.
40. Power of Consolidation Officer to summon
persons.
CHAPTER VI.
GENERAL.
41. Appointment of officers and staff and delegation
of powers.
42. Constitution of Village Committee.
43. Power of Government to call for proceedings.
44. Appeal and revision.
4 [Act No. XL of 1956]
45. Jurisdiction of Civil Court barred as regards
matters arising under this Act.
46. Public servants indemnified for acts done under
this Act.
47. Rules.
48. Amendment of Act XXI of 1950.
THE TELANGANA PREVENTION OF FRAGMENTATION
AND CONSOLIDATION OF HOLDINGS ACT, 1956.1
ACT No. XL OF 1956.
1. (1) This Act may be calle d 2[the Telangana Prevention
of Fragmentation and Consolidation of Holdings Act, 1956.]
(2) It extends to the whole of 2the State of Telangana.
(3) This section shall come into force at once and the
remaining provisions of this Act shall come into force in
such area and from such date as the Government may, by
notification in the Official Gazette, appoint in this behalf, and
different dates may be appointed for the coming into force
of different provisions of this Act.
2. In this Act, unless the context otherwise requires, -
(a) „agricultural year‟ means the year com mencing on
the first day of April;
(b) „consolidation of holdings ‟ means the
amalgamation and where necessary redistribu tion of
holdings or portions of holdings in any vil lage or taluka, or
any part thereof so as to reduce the number of plots in
holdings;
1. The Andhra Pradesh (Telangana Area) Prevention of Fragmentation
and Consolidation of Holdings Act, 1956 received the assent of the
President on 21.09.1956. The said Act in force in the combined State, as
on 02.06.2014, has been adapted to the State of Telangana, under
section 101 of the Andhra Pradesh Reo rganisation Act, 2014 (Central
Act 6 of 2014) vide. the Notification issued in G.O.Ms.No.116, Revenue
(Assin.I) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.116, Revenue (Assin.I) Department, dated
01.06.2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No. XL of 1956]
(c) „Consolidation Officer ‟ means an officer appointed
as such under section 15 by the Government and includes
any person authorised by the Government to perform all or
any of the functions of the Consolidation Officer under this
Act;
(d) „Co-operative Society‟ means a co-operative society
registered or deemed to b e registered under 3[the Andhra
Pradesh (Telangana Area) Co-operative Societies Act,
1952];
(e) „Fragment‟ means a plot of land of less extent than
the appropriate standard area determined under this Act:
Provided that no plot of land shall be deemed to be a
fragment by reason of any diminution in its area by diluvium;
(f) „land‟ means agricultural land whether alienated or
unalienated;
(g) „local area‟ means any area notified as such in the
Official Gazette under section 3;
(h) „owner‟ means a person who has perma nent and
heritable rights of possession of land, and when unalienated
land has been mortgaged, owner means the mortgagor;
(i) „prescribed‟ means prescribed by rules made under
this Act;
(j) „standard area ‟ in respect of any class of land
means the area which the Government may from time to
time determine under section 5 as the minimum area
necessary for profitabl e c ultivation in any particular loc al
3. Repealed by A.P. Act 7 of 1964.
Act XVI of 1952.
[Act No. XL of 1956] 3
area, and include s a standadd area revised under the said
section;
(k) „village committee ‟ means the Village Committee
constituted under section 42;
(I) Words and expressions used in this Act but not
defined therein shall have the meaning assigned to them in
4[the Telangana Land Revenue Act, 1317 F.] or 4[the
Telangana Tenancy and Agricultural Lands Act, 1950].
CHAPTER II.
Determination of Local and Standard Areas and Treatment
of Fragments.
3. The Government may, after such inquiry as it deems fit,
by notifica tion in the Official Gazette, specify a village or
taluka or any part thereof as a local area for the purposes of
this Act.
4. (1) The Government may, after such inqurry as it
deems fit and after consultation with 5[the Land
Commission] established under section 87A of 4[the
Telangana Tenancy and Agricultural Lands Act 1950], or
such other authority as it may deem fit provisionally settle for
any class of land in any local area the minimum area that
can be cultivated profitably as a separate plot.
(2) The Government shall, by notfiication in the Official
Gazette and in suc h other manner as may be prescri bed,
publish the minimum areas provisionally se ttled by it under
sub-section (1) and invite objections thereto.
4. Adapted by G.O.Ms.No.46 Law (F) Department, dated. 01.06.2016.
5. Substituted for the words “the Hyderabad Land Commission” by the
Andhra Pradesh Adaptation Order 1957.
Determination of
Local Area.
Settlement of
standard areas.
Act VIII of 1317 F.
Act XXI of 1950.
Act XXI of 1950.
4 [Act No. XL of 1956]
5. (1) The Government shall, after considering the
objections, if any, received within four months of the date of
publication of the notification under sub -section (2) of
section 4 in the village concerned and making such further
inquiry as it may deem fit, determine the standar d area for
each class of land in such local area.
(2) The Government may, at any time, if it deems it
expedient so to do, revise a standar d area determined
under sub -section (1) . Such revision shal l be made in the
manner laid down in section 4 and sub-section (1).
(3) The Government shall, by notification in the Official
Gazette and in such other manner as may be prescribed,
give public notice of any standar d area determined under
sub-section (1) or revised under sub-section (2).
6. (1) On notification of a standard area under
sub-section (3) of section 5 for a local area all fragment s in
the local area shall be entered in the Record of Righ ts, or
where there is no Record of Rights in such village record as
the Government may prescribe.
(2) Notice of every entry made under sub -section (1)
shall be given in the m anner prescribed for the giving of
notice under 6[the Andhra Pradesh (Telangana Area) Record
of Rights in Land Regulation, 1358 F.] of an entry in the
register of mutations.
7. (1) No person shall transfer any fragment in respect of
which a notice has been given under sub -section (2) of
section 6 except to the owner of a contiguous survey
number or recognised sub-division of a survey number:
6. Repealed by Act No.26 of 1971.
Determination and
revision of
standard area.
Entry in the
Record of Rights.
Regulation LVIII of
1950.
Transfer and lease
of fragments.
[Act No. XL of 1956] 5
Provided that the holder of such fragment may
mortgage or transfer it to the Government or a land
mortgage Bank or any other Co -operative Society as
security for any loan advanced to him by the Government or
such bank or society, as the case may be.
(2) Notwithstanding anything contained in 7[the
Telangana Tenancy and Agricultural Lands Act , 1950], no
such fragment shall be leased to any person other than a
person cultivating any land which is contiguous to the
fragment.
(3) No such fragment shall be sub -divided or
partitioned.
8. No land shall be permanently alienated, leased or
sub-divided so as to create a fragment.
9. Where by transfer, decree, succession or other wise,
two or more persons are entitled to shares in an undivided
property, and such property has to be divided among them,
such partition shall be effected so as not to create a
fragment.
(2) Where such sub-division or partition is made by the
Court or the Collector, the followi ng procedure shall be
adopted:-
(a) If, in effe cting a partition of property among
several co-sharers, it is found that a co-sharer is entitled to a
specific share in the land and cannot be given that share
without creating a fragment, he shall be compensated in
money for that share. The amount of compensation shall be
determined so far as practicable in accordance with the
7. Adapted by G.O.Ms.No.46 Law (F) Department, dated. 01.06.2016.
Restriction on
permanent
alienation of land,
etc.
Restriction on
partition of land.
Act XXI of 1950.
6 [Act No. XL of 1956]
provisions of section 18 of 8the Hyderabad Land Acquisition
Act, 1309 Fasli (IX of 1309 Fasli).
(b) If, in effecting a partition, it is found that there is
not enough land to pro vide for the shares of all the
co-sharers in accordance with th e provisions of sub -section
(1), the co-sharers may agree among themselves as to the
particular co-sharer or co-sharers who should get the share
of land and which of the m should be compensated in
money. In the absence of any such agreement, the
co-sharers to whom a share of land can be provided and
those to whom money compensation should be given shall
be chosen by lot in the manner prescribed.
(c) The compensat ion shall be payab le by each
co-sharer getting an excess over the share of land legally
due to him, and such co -sharer shall depo sit the amount of
such compensation in the manner prescribed before taking
possession of the share allotted to him. On his failure to do
so, his share shal l be allotted to any other co -sharer to
whom land has not been previously allotted and who is
chosen in the manner provided in clause (b) subject to the
payment of similar compensaiion to the co -sharers, not
getting shares of land.
(d) If none of the co -sharers to whom land has been
allotted under clause (c) pays the compensa tion and takes
the share, the share shall be sold in auction to the highest
bidder, and the purchase money shall be paid to the
co-sharers not getting land in propor tion to their re spective
shares.
(e) Where the parties agree u pon any other method
of partition which will not result in the creation of a fragment,
that method shall be followed in effecting partition.
8. Repealed by A.P. Act XX of 1959.
[Act No. XL of 1956] 7
(3) Where a partition is effected in execution of a
decree all q uestions relating to the division of the land and
apportionment of compensation shall be decided by the
Court executing the decree or by the Collector effecting the
partition, as the case may be, in accordance with the
provisions of sub-section (2).
10. Nothing in sections 7,8 and 9 shall apply to a transfer
of any land for such public purpo se as ma y be specified in
this behalf by the Government by notification in the Official
Gazette.
11. (1) The transfer or partition of any land contrary to the
provisions of this Act shall be void.
(2) The owner of any land so transferred or partitioned
shall be liable to pay such fine not exceeding Rs. 500 as the
Collector may, subject to the general orders of the
Government, direct. Such fine shall be recoverable as
arrears of land revenue.
(3) Any person una uthorizedly occupying, or wrong -
fully in possession of any land, the t ransfer or partition of
which, either by the act of parties or by the operation of law,
is void under the provisions of this Act may be summarily
evicted by the Collector.
12. (1) Any owner of a fragment may transfer it to t he
Government for the purposes of the Government on
payment by the Government of such compensation to
persons possessing interes t there in as the Collector may
determine and thereupon the fragment shall vest absolutely
in the Gov ernment for the purpose of the Government free
from all encumbrances.
Sections 7, 8 and
9 not to apply to
transfer for public
purpose.
Penalty for
transfer or
partition, contrary
to provisions of
Act.
Transfer of
fragment to the
Government.
8 [Act No. XL of 1956]
(2) Any such fragment may be disposed of as
un-occupied land under the provisions of 9[the Telangana
Land Revenue Act 1317 F.]
13. In determi ning the compensation for the purposes of
section 12, the Collector shall hav e regard to the provisions
of section 18 of 10the Hyderabad Land Acquisi tion Act, 1309
Fasli (IX of 1309 Fasli).
14. Notwithstanding anything contained in any law for the
time being in force, no fragment, in respect of which a
notice has been given under sub -section (2) of section 6,
shall be sold at any sale held under the orde rs of any Cou rt
except to the owner of a contiguous survey number or
recognised sub -division of a survey number and no land
shall be sold at such sale so as to leave a fragment.
CHAPTER III.
Procedure for Consolidation.
15. With the object of consolidating holdings in any village
or taluqa or any part thereof for the purpose of better
cultivation of lands therein, the Government m ay, of its own
motion or on appl ication made in this behalf, declare by a
notification in the Official Gazet te and by publication in the
prescribed manner in the village or villages concerned its
intention to make a scheme for the consolidation of holdings
in such village or villages or part thereof a s may be
specified. On such publ ication in the village concern ed the
Govennment may appoint a Consolidation Officer, who shall
proceed to prepa re a scheme for the consolidation of
holdings in such village or villages or part thereof, as the
case may be, in the manner hereinafter provided.
9. Adapted by G.O.Ms.No.46 Law (F) Department, dated. 01.06.2016.
10. Repealed by A.P. Act XX of 1959.
Determination of
compensation for
purposes of
section 12.
Fragment not to
be sold at court
sale or created by
such sale.
The Government
may of its own
accord or on
application
declare its
intention to make
scheme for
consolidation of
holdings.
Act VIII of 1317 F.
[Act No. XL of 1956] 9
16. (1) The Consolidation Officer shall, after giving due
notice to the land owners concerned and the Village
Committee, visit each of the concerned villa ges and shall in
consultation with the vil lage Committee proceed to prepar e
a scheme for the consolida tion of holdings which shall
include such statements, records and maps as may be
prescribed.
(2) In preparing the scheme the Consolidation Office r
shall have regard to the procedure which the Government
may from time to time prescribe in regard to the number of
blocks in which the village lands are to be grouped, the
manner of allotting new plots to each owner, the
recommendations of the Village Committee and such other
matters as may be prescribed.
17. (1) The scheme prepared by the Consolidation Officer
shall provide for the payment of compensation to any owner
who is allotted a holding of less market value than that of his
original holding and for the recovery of compensation from
any owner who is allotted a holding of greater market valu e
than that of his original holding provided that no
compensation shall be payable for the pro-rata cut in th e
extent or value of the holdings resulting from the assignment
of land under section 19.
(2) The amount o f compensation shall be determin ed
so far as practicable in accordance with the provisio ns of
section 18 of 11the Hyderabad Land Acquisition Act, 1309 F.
18. (1) Whenever in preparing a scheme for th e
consoIidation of holding s, it appear s to the Consolidation
Officer that it is necessary to amalgamate any road, street,
lane or path with any holding in the scheme, he shall make
a declaration to that effect stating in such declaration that it
11. Repealed by A.P. Act XX of 1959.
Preparation of the
scheme and the
principles to be
followed in its
preparation.
Scheme to
provide for
compensation.
Amalgamation of
public roads, etc.,
within scheme for
consolidation of
holdings.
10 [Act No. XL of 1956]
is proposed that the rights of the public as well as of all
individuals in or over the said road , street, lane or path shall
be extinguished or, as the case may be transferred to a new
road, street, lane or path laid out in the s cheme of
consolidation.
(2) The declaration in su b-section (1) shall b e
published in the village concerned in the prescribed manner
along with the draft scheme referred to in section 20.
(3) Any member of the public, or any person having
any interest o r right, in addition to the right of pubiic
highway i n or over the said road, street , lane or path, or
having any other interest or right which is like ly to be
adversely affected by the proposal may, within thirty days
after the pubiication of the declaration under sub-section (1),
state to the Consolidation Officer in writing his obje ction to
the proposal, the natur e of such interest or right and the
manner in which it is likely to be adver sely affected and the
amount and the par ticulars of his cla im to compensation for
such interest or right:
Provided that no claim for compensation on ac count of
the extinction or diminution of the right of publi c highway
over such road, street, lane or path shall be entertained.
(4) The Consolidation Officer shall, after considering
the objections, if any, made to the proposal , submit it with
such amendments, if any, as he may consider necessary to
the Settlement Commi ssioner, togeth er with the objections
received, his recommendations thereon and a statement o f
the amount s of compensation, if any, which in his opinion
are payable, and of the persons by whom and the persons
to whom such compensation is payable. The decision of the
Settlement Comm issioner on the proposal and regarding
the amount of compensa tion a nd the persons by whom
[Act No. XL of 1956] 11
such compensation, if any, is payable, shall, subject to any
modification made by the Government, be final.
19. Notwithstanding anything contained in any law for the
time being in force, it shall be lawful for the Con solidation
Officer to direct in consultation with the Village Committee-
(a) that any land specifica lly assigned for any common
purpose shall cease to be so assigned and to assign any
other land in its place;
(b) that if in any area under consolidation no land is
reserved for any common purpose including exten sion of
the village sites, or if the land so reserved is inadequate, to
assign other land for such requirements and f or that
purpose to effect a pro -rata cut in all the holdings of the
village.
20. (1) When the draft scheme of consolida tion is ready for
publication, the Consolidation Officer shall publish it in the
prescribed manner in the village or villages concerned. Any
person likely to be affected by such scheme shall, within
thirty days of the date of such publication, communicate in
writing to the Consolidation Officer any objections relating to
the scheme. The Consolidat ion Officer shall, after
considering the objecti ons, if any, received, submit the
scheme with such amendment as he considers to be
necessary, together with his remarks on the objections to
the Settlement Commissioner.
(2) The Consolidat ion Officer shall also publish the
scheme as amended by him.
21. (1) If within thirty days of its publication no objections
are received to the draft scheme published under
sub-section ( 1) or the amended draft scheme published
Lands reserved
for common
purposes.
Publication of
draft scheme.
Confirmation of
scheme.
12 [Act No. XL of 1956]
under sub-section (2) of section 20, as the case may be, the
Settlement Commissioner shall confirm the scheme.
(2) If any objections are received to the amended draft
scheme published under sub -section (2) of section 20, the
Settlement Commiss ioner shall, after taking the ob jections
into considerat ion, submit it w ith such modifications as he
considers necessary to the Board of Revenue.
(3) The Board of Revenue may either confirm the
scheme with or without modifications or refuse to confirm it:
Provided that the Board of Revenue shall if the s cheme
has been modified by the Settlement Commissioner under
sub-section (2), publish it as so modified, and take into
consideration the objections, if any, received within thirty
days of such publication before acting under this
sub-section.
(4) If the Board of Revenue refuses to confirm the
scheme, i t shall refer the whole case bac k to the
Consolidation Officer through the Settlement Commissioner
for redrafting the scheme. All the foregoing provisions of this
Chapter shall apply to the scheme so redrafted.
22. (1) Upon the confirmation of the scheme under
sub-section (1) or (3) of section 21, a notification stating that
the scheme has been confirmed shall be published in t he
Official Gazette, an d the scheme as confirmed shall be
published in the prescribed manner in the village or villages
concerned. If two-thirds or more of the owners affected by
such scheme agree to en ter into possession of the holdings
allotted to them thereunder , the Consolid ation Officer may
allow all the owners to enter into such possession forthwith
or from such date as may be specified by him.
Right to
possession of
new holdings.
[Act No. XL of 1956] 13
(2) If two-thirds or more of such owners do not agree to
enter into possession under sub -section (1), all the owners
shall be entitled to possession of the holdings allotted to
them under the scheme from the commencement of the
agricultural year next following the date of publication of the
notification in the Official Gazette under sub-section (1).
(3) In enforcing the provisions of sub-section (1) or (2),
the Consolidation Officer sha ll, if necessary put the owners
in possession of the holdings to which they are entitled
under the scheme and for doing so may, in the prescribed
manner, evict any person from any land.
(4) Notwithstanding anything contained in sub -section
(2) no owner shall be entitled to possessio n of any holding
allotted to him under the scheme unless he deposits in the
prescribed manner within sixty days of the commen cement
of the said agricultural year such compensation as is
recoverable from him under the scheme.
(5) Where an owner fails to comply with the pro visions
of sub-section (3), his right in such holding may be allotted
in the prescribed manner by the Consolidation Officer to any
other person who pays the value of the holding, and in such
case the value realised after deducting the expense
(hereinafter called the net value) shall be paid to the owner
and any other person having an interest in the holding.
(6) If no person is forthcoming to pay the value of the
holding, the Government may recover from the owner the
compensation recoverable from him under the scheme as
an arrear of lan d revenue or the Government may itself
purchase the holding after paying the net val ue of the
holding to the owner and any other person having interest in
the holding.
14 [Act No. XL of 1956]
23. As soon as the persons entitled to possession of
holdings under this Act have entered into possession of the
holdings respectively allotted to them, the scheme shall be
deemed to have come into force.
24. Notwithstanding anything contained in any law for the
time being in force, the rights of owners, or other persons
having interest, shall for the purpose of giving ef fect to any
scheme of consolidation affecting them be transfer able by
exchange or otherwise.
25. (1) The Consolidation Officer shall grant every owner to
whom a holding has been allotted in pursuance of a scheme
of consolida tion and to every person to whom a right is
allotted under sub -section (5) of section 22, a certif icate in
the prescribed for m duly registered u nder the Indian
Registration Act, 1908 to the effect that the holding has been
transferred to him in pursuance the scheme.
(2) Notwithstanding anything contained in any law for
the time being in force no stamp or registration fee shall be
payable in respect of such certificate.
26. The cost of carrying out the scheme of consolidation
shall be assessed in the prescribed manner and recovered
from the persons whose hold ings ar e affected thereby, in
such proportion and at such rates as may from time to time
be determined by the Government.
27. Compensation under section 17 or costs under section
26 or any other sums payab le under this Act shall be
recoverable as arrears of land revenue.
Coming into force
of Scheme.
Certain laws, no
ban on transfer of
holdings.
Certificate of
transfer.
Assessment and
recovery of cost.
Recovery of
compensation or
costs or other
sums payable
under this Act.
Central Act 16 of 1908.
[Act No. XL of 1956] 15
CHAPTER IV.
Effect of Consolidation Proceedings and of Consolidation of
Holdings.
28. (1) During the continuance of the consolidation
proceedings the Consolidation Officer shall exercise and
discharge the functio ns of a Revenue Officer under
12[the Telangana Land Revenue Act, 1317 F.] and 12[the
Telangana Tenan cy and Agricultural Lands Act , 1950] and
no Revenue Officer other than the Consolidation Officer
shall take any proceedings under any of the said Acts in
respect of any holding or land for the consolidation of which
a notification has been issued under section 15.
(2) Where in respe ct of any holding the Consolidation
Officer proceeds to prepare a scheme under section 16-
(a) all applications and proceedings includi ng
execution proceedings pending before any Revenue Officer
under any of the said Acts in respect of any holding or land
for the consolidation of which a notif ication has been issued
under section 15, sh all be transferred to the Conso lidation
Officer; and
(b) the Consolidation Officer shall, by proclamation,
call upon all persons who claim to be e ntitled to possession
under any of the said Acts of any holding for the
consolidation of which a notification has been issued under
section 15 to make within th e prescribed period an
application to b e put in possession of such holdin gs; and
any person who fails to do so within the presc ribed period
shall thereafter be debarred from making it:
Provided that nothing in this clause shall de bar any
person from making after the coming into force of a scheme
12. Adapted by G.O.Ms.No.46 Law (F) Department, dated 01.06.2016.
Exercise by
Consolidation
Officer of powers
under certain
Acts.
Act VIII of 1317 F.
Act XXI of 1950.
Act VIII of 1317 F.
Act XXI of 1950.
16 [Act No. XL of 1956]
of consolidation under section 23, any application in respect
of any holding incl uded in the scheme, if such app lication
could lie under the provisions of any law for the time being
in force.
(3) The Consolidation Officer shall subm it any order
passed by him under any of the said Acts to the Collector
for confirmation if an appiication in that behal f is made to
him by any party to a proceeding under this section within
thirty days from the date of the order.
29. When a Consolidation Officer proceeds to prepa re a
scheme under section 16, during the continuance of the
consolidation proceedings-
(a) no proceedings,-
(i) under section 120 or 124 of 13[the Telangana Land
Revenue Act, 1317 F.];
(ii) for execution of any award made under 14[the
Andhra Pradesh (Telangana) Co-operative Societies Act,
1952];
(iii) for execution of any award made under the
Telangana Debt Conciliation Act, 1349 F. or 15the Andhra
Pradesh ( Telangana Area) Agricultural Debtors‟ Relief Act,
1956]; or
(iv) for execution of any decree passed by a civil
Court, in respect of any land in respect o f which a
notification has been issued under section 15 shall be
13. Substituted by G.O.Ms.No.46 Law (F) Department, dated
01.06.2016.
14. Repealed by A.P. Act 7 of 1964.
15. Repealed by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Stay of proceedings
under sections 120
and 124 of Act VIII
of 1317 F. ban on
transfer of land
during continuance
of consolidation
proceedings.
Act VIII of 1317 F.
Act XVI of 1952.
Act I of 1349 F.
Act XVI of 1956.
[Act No. XL of 1956] 17
commenced and all such proceedings if commenced, shall
be stayed;
(b) no person shall transfer any land in respect of
which a notification under section 15 has been issued.
30. Every owner to whom a holding is allotted in
pursuance of a scheme of consolida tion shall have the
same righ ts in such holding as he had in his original
holding:
Provided that nothing in this section shall apply to any
person to whom a holding has been allotted under the
provisions of sub-section (5) of section 22.
31. (1) If the hol ding of an owner included in a scheme of
consolidation which has come into force under section 23 is
burdened with a mortgage , debt or other encumbrance
other than a lease, such mortgage , debt or other
encumbrance shall be transferred therefrom and attach itself
to the holding allotted to him under the scheme or to s uch
part of it as the Consolidat ion Officer may, subject to any
rules made under section 47 appoin t; and the mortgagee,
creditor or other encumbrance r, as the case may be, shall
exercise his rights accordingly.
(2) If the holding to which a mortgage, debt or other
encumbrance is transferred under sub -section (1) is of less
market value than the original holding from which it is
transferred the mortgage e, creditor or other encum brancer,
as the case may be, shall subject to the provisions of
section 33 be entitled to the payment of such
compensation by the owner of th e holding as the case may
require, as the Consolidation Officer may determine.
(3) Notwithstanding anything contained in section 22,
the Consolidation Officer shall, in the prescribed manner put
Rights in
holdings.
Transfer of
encumbrances.
18 [Act No. XL of 1956]
any mortgagee or encumbrancer entitled to possession into
possession of the holding to which his mortgage or other
encumbrance has been transferred under sub-section (1).
32. (1) If the holding of an owner included in a s cheme of
consolidation which has come into force under section 23 is
burdened with a lease, the Consolidation Offi cer shall by an
order in writing determine whether such lease shall or shall
not be transferred therefrom. A copy of th e order passed by
the Consolidat ion Officer und er this sub -section shall be
affixed to a place near the holding and shall also be
published in the prescribed manner.
(2) If th e Consolidation Office r determines that such
lease shall be transferred from the original holding it shall
attach itself to th e holding allotted to the owner under the
scheme or such part of it as the Consolidation Officer may,
subject to any rules made under section 47, appoint and the
lessee shall exercise his rights accordingly. The provisions
of sub-sections (2) and (3) of section 31 shall apply to such
lease as if the lease were a mortgage or other
encumbrance.
(3) If the Consolidation Officer determines that such
lease shall not be transferred from the origina l hol ding it
shall remain attached thereto, and the owner to whom such
holding is allotted under the scheme shall hold it subject to
such lease; and the provisions of 16[the Telangana Tenancy
and Agricultural Lands Act, 1950] shall so far as may be,
notwithstanding the change in ownership, apply to such
lease; and the rights and liabilities of such owner and the
lessee shall be governed by the provisions of the said Act as
between the landlord and his tenant:
16. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Consolidation
Officer to decide
whether lease
should be
transferred or not.
Act XXI of 1950.
[Act No. XL of 1956] 19
Provided that such owner shall not be entitled to
arrears of rent due under such lease immediately before the
allotment of the holding as aforesaid.
(4) An appeal against the decision of the
Consolidation Officer under this section shall lie to the
Collector within the prescribed time.
33. Where there is a dispu te in respect of the
apportionment of -
(a) the amount of compensation determined under
sub-section (2) of section 17 or sub -section (4) of section
18;
(b) the net value realised or payable under sub-section
(5) or (6) of section 22;
(c) the total amount of compensation determined under
sub-section (2) of section 31;
the Consolidation Officer shall refer the dispu te to the
decision of the District Cou rt and deposit the amount of the
compensation or net value, as the case may be, in the Court
and thereupon the provisions of se ctions 28 and 43 of 17the
Land Acquisi tion Act, 1309 (IX of 1309 F.) , shall, so far as
may be, apply.
34. Notwithstanding anything contained in any law for the
time being in force, no person to whom a holding has been
allotted under this Act shall-
(a) transfer any holdin g or part thereof except in
accordance with such conditions as may be prescribed;
17. Repealed by A.P. Act XX of 1959.
Alienation and
sub-division of
consolidated
holdings.
Apportionment of
compensation or
net value in case
of dispute.
20 [Act No. XL of 1956]
(b) except with the permsssion in writing of the Board
of Revenue, sub-divide such holding.
35. (1) If after a scheme has come into force it appears to
the Board of Revenue that the scheme is defective on
account of an error, irregularity or infor mality, the Board of
Revenue shall p ublish a draft of such variation in the
perscribed manner. The draft variation shall state every
amendment proposed to be made in the scheme.
(2) Within one month of the date of publ ication of the
draft variation any person affected thereby may
communicate in writing any obj ection to such variation to
the Board of Revenue t hrough the Settlement
Commissioner.
(3) After receiving the objections under sub -section (2)
the Board of Revenue may, after making such enquiry as it
may think fit, by notification in the Official Gaz ette, make the
variation with or without modifications or may no t make any
variation.
(4) From the date of the notification making the
variation, the variation shall take effect as if it were
incorporated in the schcme.
36. A scheme for the consolidation of holdings con firmed
under this Act may at any time be varied or revoked by a
subsequent scheme prepared, published and confirme d in
accordance with this Act.
CHAPTER V.
Other powers of Consolidation Officers.
37. The Consolidation Officer and any person acting under
his orders may, in the discharge of any duty under this Act,
enter upon and survey land and erect su rvey marks thereon
Power to vary
scheme on the
ground of error,
irregularity or
informality.
Power to vary or
revoke scheme at
any time.
Power of officers
to enter upon land
for purposes of
survey and
demarcation.
[Act No. XL of 1956] 21
and demarcate the boundaries thereof and do all other acts
necessary for the proper performance of that duty.
38. If any p erson wilfully destroys or injures or without
lawful authority removes a survey mark lawfully erected, h e
may be ordered by a Consolidat ion Officer to pay fin e not
exceeding fifty rupe es for each mark so destroyed, injured
or removed, as may, in the opinion of that officer be
necessary to defray the expenses of restoring the same and
of rewarding the person, if any, who gave infor mation of the
destruction, injury or removal.
39. Every village officer shall be legally b ound to furnish a
Consolidation Officer with information respecting the
destruction or removal of, or an injury done to, any survey
mark lawfully erected in the village.
40. (1) A Consolidation Officer may summon any person
whose attendance he considers necessary for the purpose
of any business before him as a Consolidation Officer.
(2) A person so summone d shall be bound to appear
at the time and plac e mentioned in the summons in person
or, if the summons so allows, by his recognised agent or a
legal practitioner.
(3) The person attending in obedience to the summons
shall be bound to state the truth upon any matter respecting
which he is examined or make statements and to produce
such documents and other t hings relating to any such
matter as the Consolidation Officer may require.
CHAPTER VI.
General.
41. (1) The Government may, for the administratio n, of this
Act, appoint such pe rsons as it thinks fit and may by
Penalty for
destruction, injury
or removal of
survey marks.
Report of
destruction or
removal or injury
to survey mark.
Power of
Consolidation
Officer to summon
persons.
Appointment of
officers and staff
and delegation of
powers.
22 [Act No. XL of 1956]
notification in the Official Gazette, delegate any of its powers
or functions under this Act to any of its officers either by
name or designation.
(2) The Board of Revenue may, by notification in the
Official Gazette, invest the Collector with all or any of the
powers of the Settlement Comm issioner under this Act, and
by a like notification invest the Consolidation Officer with all
or any of the powers of the Collector under the Act.
(3) A Consolida tion Officer may, with t he sanction of
the Board of Reve nue, delegate any of his pow ers or
functions under this Act to any person in the service of the
Government.
42. (1) The Villag e Committee shall be constituted by the
Consolidation Officer in the prescribed manner and it shall
discharge and perform, in addition to th e duties and
functions imposed or assigned by this Act, such other duties
and functions as may be pr escribed for the purposes of this
Act.
(2) Where at any time the Collector is satisfied that the
Village Committee has refused or failed without reasonable
cause or excuse to discharge the duties or per form the
functions imposed or assigned by o r under this Act or
circumstances have so arisen that the Committee has been
rendered unable to discharge the dutie s or perform the
functions aforesaid or it is otherwise expedient or neces sary
to do so he may by notification in the Official Gazette either
reconstitute for the purposes of this Act, the Village
Committee in accordance with the provisions of sub -section
(1) or appoint some other author ity to perform the functions
or discharge the duties of the Village Committee under this
Act and thereupon all references to the Village Committee
under this Act shall be deemed to include references to the
Constitution of
Village
Committee.
[Act No. XL of 1956] 23
Village Committee so reconstituted or the authority so
appointed, as the case may be.
43. The Governm ent may at any time for the pur pose of
satisfying itself as to the legality or propriety of any order
passed by any officer under this Act call for and examine the
record of any case pending before or disposed of by such
officer and may pass such order in reference thereto as it
thinks fit:
Provided that no order shall be varied or revised
without giving the parties interest ed notice to appear and
opportunity to be heard.
44. Except as provided in this Act, no appeal or revision
application shall lie from any order passed under this Act.
45. No Civil Court shall entertain any suit instituted or
application made, to obtain a decision or order in respect of
any matter which the Government or any officer or authority
is, by this Act, empowered to determine, decide or dispose
of.
46. No suit or o ther legal proccedings shall be maintained
in respect of the exercise o f any pow er or discretion
conferred by this Act , or against any public servant or
person duly appoint ed or autho rised under this Act, in
respect of anything in good faith done or purpor ting to be
done under the provisions thereof or the rules made
thereunder.
47. (1) The Government may by notification in the Official
Gazette make rules for carrying out the purposes of this Act.
(2) In particular an d without prejudice to the gene rality
of the foregoing power the Government may make rules,
providing for-
Power of
Government to
call for
proceedings.
Appeal and
revision.
Jurisdiction of
Civil Court barred
as regards
matters arising
under this Act.
Public servants
indemnified for
acts done under
this Act.
Rules.
24 [Act No. XL of 1956]
(a) the manner of publication under sub-section (2) of
section 4;
(b) the manner of giving public notice under
sub-section (3) of section 5;
(c)village records in which fragments shall be entered
under sub-section (1) of section 6;
(d) the manner of choosing by lot under clause (b) of
sub-section (2) of section 9;
(e) the manner of publication of the intention to make
a scheme under section 15;
(f) the statements, records and maps to be incl uded
in the scheme of consolidation and the procedure and other
matters to be observed in the preparat ion of the scheme
under section 16;
(g) the manner of publication under sub-section (2) of
section 18 of a declaration made under sub -section ( 1) of
the said section;
(h) the manner of publication of a draft sExcerpt shown. Open the full act in Lexace.