The Telangana (Prevention of Speculation in Immovable Property) Act, 1954.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA (PREVENTION OF SPECULATION IN
IMMOVABLE PROPERTY) ACT, 1954.
(ACT NO. VIII OF 1954.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title and extent.
2. Definitions.
2-A. Construction of certain references in the
application of this Act to the Cities of Hyderabad
and Secunderabad.
3. Declaration of notified area by Government.
4. Restriction on transfer of immovable property.
5. Standard price of immovable property.
6. Permitted increase over the standard price.
7. Power of Government to purchase immovable
property.
8. Taking possession of property and reference to
Subordinate Judge’s Court.
9. Setting aside of Court sales etc., held in
contravention of the Act.
10. Penalty.
11. Cognizance of offences.
12. Bar of certain proceedings.
13. Power to make rules.
THE TELANGANA (PREVENTION OF SPECULATION IN
IMMOVABLE PROPERTY) ACT, 1954.1
ACT No. VIII OF 1954.
1. (1) This Act may be called 2[the Telangana (Prevention
of Speculation in Immovable Property) Act, 1954].
(2) It extends to the whole of the 2[State of Telangana].
2. In this Act, unless ther e is anything repugnant in the
subject or context—
(a) „Government‟ means the State Government;
(b) „notified area ‟ means any area declared to be a
notified area under section 3;
(c) „notified date ‟ in relation to immovable property
situated in any notified area means such date as the
Government may, by notification, specify in respect of that
area;
Explanation.—The date specified in any such
notification ma y be a date either before or after the
declaration of the area as a notified area under section 3;
(d) „notification‟ means a notification published in the
2[Telangana Gazette];
1. The Andhra Pradesh (Prevention of Speculation in Immovable
Property) Act, 1954 (Act No. VIII of 1954) 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 Reorganisation Act, 201 4 (Central
Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016,
issued in G.O. Ms. No. 45, Law (F) Department, dated: 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title and
extent.
Definitions.
2 [Act No. VIII of 1954]
(e) „transfer‟ means a sale, exchange or mortgage with
possession and includes a sale held in execution of a
decree or order of a Court or a sale conducted by an officer
acting under the authority of any statute, decree or order of
a Court;
3[2-A. If the whole or any part of the city of Hyde rabad
or the cit y of Secunderabad is declared under sub-section
(1) of section 3 to be a notified area, then, in the application
of the provisions of this Act to such area, references to the
District Collector and the Subordinate Judge ‟s Court
wherever they occur in this Act, sh all be deemed to be
references, respectively, to the District Collector of
Hyderabad and the Additional Judge of the City Civil Court.]
3. (1) If the Government are satisfied that owing to any
action taken or proposed to be taken by them or to any
other cause, considerable transfe rs of immovable property
which are of a speculative character are being, or are likely
to be made in any area in the State of 4Telangana and that it
is necessary in the public interest to prevent such transfers,
they may, by notification, declare such area to be a „notified
area‟ to which the provisions of this Act shall apply on and
from such date as may be specified therein.
(2) The Government may, by notification, withdraw the
operation of this Act from any such notified area, with effect
from such date as may be specified in the notification,
except as respects things done or omitted to be done
before that date.
4. Notwithstanding anything to the contrary in any other
law or in any contract, no immovable property situated i n
any notified area shall be transfer red for a consideration
3. Inserted by Act XI of 1960.
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Declaration of
notified area by
Government.
Construction of
certain references
in the application
of this Act to the
Cities of
Hyderabad and
Secunderabad.
Restriction on
transfer of
immovable
property.
[Act No. VIII of 1954] 3
exceeding in value the standard price of the property
specified in section 5 together with such increase over that
price as is permissible under section 6.
Explanation.—Where the consideration for such
transfer consists partly of money and partly of movable
property or immovable property or both, the market value of
such movable or i mmovable property on the date of th e
transfer, shall, to that extent, be regarded as the price paid
for such transfer.
5. (1) The standard price of any property referred to in
section 4 shall be the price which such property in the
condition in which it is at the time of the transfer would have
fetched at the market value prevailing on the notified date:
Provided as follows:-
(a) if the property consists of land on which a ne w
building has been constructed after the notified date, the
standard price of such property shall be the aggregate of
the value which the land would have fetched at the market
value prevailing on the notified date and the actual cost of
construction of the new building plus a sum of fifteen per
cent on such cost of construction;
(b) if the property consists of land on which a building
constructed before the notified date has been reconstructed
after that date, the standard price of such property shall be
the aggregate of the value which the land and the
reconstructed building would have fetched at the market
value prevailing on the notified date plus a sum of fifteen per
cent on the actual cost of reconstruction.
Explanation.—5[(1) For the purposes of this Act,--
5. Substituted by Act XI of 1960.
Standard price of
immovable
property.
4 [Act No. VIII of 1954]
(a) „building‟ includes a house, outhouse, stable,
latrine, shed, hut, wall, and any such structure, whether of
masonry, bricks, wood , mud, metal or any other material
whatever; and
(b) „reconstruction‟ in relation to a building includes—
(i) the re-erection wholly or partially of a building after
more than half of its cubical contents has been taken down
or burnt down, or has fallen down whether at o ne time or
not;
(ii) the re-erection wholly or partially of any building of
which an o uter wall has been taken d own or burnt down or
has fallen down to, or within ten feet of , the ground
adjoining the lowest st orey of the building , and of any
framework of a building which has so far been taken down
or burnt down or has fallen down as to lea ve only the
framework of the lowest storey;
(iii) the conversion into a dwelling-house or a place of
public worship of any building not originally constructed for
human habitation or for public worship, as the case may be,
or the co nversion into more than one dwelling -house of a
building originally constructed as one dwelling house only
or the conversion of a dwelling-house into a factory;
(iv) the re-conversion into a dwelling-house or a place
of public worship o r a factory of any building which has
been discontinued as, or appropriated for any purpose
other than, a dwelling-house or a place of public wor ship or
a factory, as the case may be , and „reconstructed‟ shall be
construed accordingly.]
(2) The Go vernment may authorize any officer
subordinate to them to maintain a register of new and
reconstructed buildings.
[Act No. VIII of 1954] 5
(3) In the case of every new or reconstructed building,
the officer aforesaid shall, after giving notice to the owner
and after making such inquiry as he deems necessary, enter
in the register the date of completion of the construction or
reconstruction, as the case may be, of the building and the
cost of such con struction or reconstruction and forward to
the owner an extract of the entries so made.
(4) Any owner aggriev ed by the entries in the register
may, within fifteen days of the receipt of the extract , file an
appeal to the District Collector for having the entries
corrected.
(5) The entries in the register made by the officer
aforesaid shall be binding and conclusive subject only to the
result of any appeal filed under sub-section (4).
6. In the case of any land, or any land with building
thereon, if at any gen eral or special revision of assessment
by the mun icipality o r other loc al body subsequent to the
notified date, the assessment payable in respect of that
property has been enhanced, the standard price may be
increased by such percentage not exceeding twenty-five per
cent, as the Government may, by notification, specify having
regard to such enhancement.
7. The owner of any i mmovable property situated in any
notified area shall, on demand by the Government by notice
in writing, sell to them such property at the standard price
specified in section 5 together with such increase over the
standard price as is permissible under section 6 or at the
current market value of the property, whichever is less:
Provided that if the propert y is one purchased or
otherwise acquired by the owner after the notified date he
shall, on such demand by the Government, sell such
property to them either at the standard price specified in
Permitted
increase over the
standard price.
Power of
Government to
purchase
immovable
property.
6 [Act No. VIII of 1954]
section 5 together with such increase over the standard
price as is permissible under section 6 or at the price
mentioned in the instrument of transfer, if any, or at the
current market value of the property, whichever is less.
8. (1) In the case of any property in respect of which a
demand has been made unde r s ection 7, the District
Collector or any officer authorized by him in this behalf shall
determine the amount payable for that property under that
section and tender the same to the owner . If the owner
refuses to accept the amount so tendered , the District
Collector or the officer aforesaid shall deposit the said
amount in the Subordinate Judge ‟s Court having jurisdiction
over the area in which the property is situated and make a
reference to that Court to determine the amount payable for
that property under section 7 and take possession of the
property on behalf of the Government, and the property
shall vest in the Government from the date on which
possession is so taken.
(2) If the amo unt determined by the Court is in excess
of the amount tendered by the District Collector or the
officer auth orized by him, the Court may direct the District
Collector or the officer aforesaid to p ay such excess to the
owner toge ther with interest on such excess at the rate of
four per cent per annum from the date on which the
property was taken possession of to the date of payment of
such excess, and the amount deposited in the Court shall
be paid immediately to the owner.
9. (1) Where any immovable prop erty has been sold in
execution of a decree or order of a Court or by an officer
acting under the authority of any statute, or decree or order
of a Court for a price exceeding the standard price specified
in section 5 together with such increase over that price as is
permissible under section 6, the District Collector or any
person having an interest in such property, may, within thirty
Taking
possession of
property and
reference to
subordinate
Judge‟s Court.
Setting aside of
Court sales etc.,
held in
contravention of
the Act.
[Act No. VIII of 1954] 7
days from the date of the sale, apply to the Court or the
officer aforesaid for setting aside the sale.
(2) Upon such application, if the Court or the officer
aforesaid is satisfied, after such inquiry as may be deemed
necessary, that there has been a contravention of the
provisions of this Act, the Court or the officer aforesaid shall
set aside the sale and order a fresh sale to be held in
conformity with the provisions of this Act.
10. If any person transfers immovable property situated in
a notified area in contraven tion of the provisions of section
4, he shall, on conviction, be liable to pay a fine equal to
twice the amount by which the value of the consideration
received by him for the transfer exceeds the price to which
he is entitled under this Act.
11. No Court shall take cognizance of an offence under
this Act except on a complaint made by the Ditrict Collector.
12. No suit, prosecution o r other legal proceeding shall lie
against the Governme nt or any officer or servant of the
Government for any act done or purpor ting or intended to
be done in good faith under this Act.
13. (1) The Government may by notification, make rules to
carry out 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 form of the register of new and reconstructed
buildings to be maintained under this Act;
(b) the manner of service of notices under this Act;
Penalty.
Cognizance of
offences.
Bar of certain
proceedings.
Power to make
rules.
8 [Act No. VIII of 1954]
(c) the procedure to be followed in holding inquiries
under this Act;
(d) the powers and duties of office rs exercising any
functions under this Act and procedure to be followed b y
them; and
(e) the removal of any difficulty arising in giving effect
to the provisions of this Act.
(3) All rules made under this section shall be laid for
not less than fourteen days before 6[both the Houses of the
State Legislature,] as soon as possible after they are made,
and shall be subject to such modifications, whether by way
of repeal or amendment, as 6[the State Legislature] may
make during the session in which they are laid.
* * *
6. Substituted for the words “the Legislative Assembly of the State ” and
“that Assembly” respectively by Act XI of 1960.
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