LexThe Telangana Land Encroachment Act, 1905.
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Open in Lexace · Ask the AI about this actTHE TELANGANA LAND ENCROACHMENT ACT, 1905.
(ACT NO. III OF 1905)
ARRANGEMENT OF SECTIONS
Sections
1. Short title and extent.
1-A. Definitions.
2. Right of property in public roads, etc., waters and
lands.
3. Levy of assessment on lands unauthorizedly
occupied.
4. Conclusiveness of decision as to amount of
assessment.
5. Liability of person unauthorizedly occupying land to
penalty after notice.
6. Liability of person unauthorizedly occupying land to
summary eviction, forfeiture of crops, etc.
7. Prior notice to person in occupation.
7-A. Encroachment by group of persons on
Government land and their eviction.
8. Power to make rules.
9. Recovery of assessment or penalty levied as
arrears of land revenue.
10. Appeal.
11. Limitation of appeal.
12. Document accompanying petition of appeal.
12-A. Power of Government to call for records and pass
orders.
13. Saving of operation of other laws in force.
2 [Act No. III of 1905]
14. Bar of jurisdiction of Civil Courts.
15. Validation of levy of penal assessment before the
passing of Act. Saving of pending suits.
15-A. Certain persons deemed to be in unauthorized
occupation of land.
16. Saving of lands claimed by right of escheat or
reversion.
Power to remove difficulties.
Effect of other laws.
Schedule.
THE TELANGANA LAND ENCROACHMENT ACT, 1905.1
ACT No.III OF 1905.
1. This Act may be cited as 2[the Telangana Land
Encroachment Act, 1905.] It extends to the whole of the
2[State of Telangana.]
3[1-A. In this Act, unless the context otherwise requires,-
(a) “Collector” means any officer incharge of a revenue
division and includes a Deputy Collector, a Sub -Collector
and an Assistant Collector;
4[(b) “Deputy Tahsildar” means the Deputy Tahsildar in
independent charge of a taluk or Sub -Taluk, the dependent
Deputy Tahsildar of a Sub -Taluk, or the Headquarters
Deputy Tahsildar in whose jurisdiction the land is situate
and includes a special Deputy Tahsildar;]
(c) “Tahsildar” means the Tahsildar in whose
jurisdiction the land is situate and includes a Special
Tahsildar.]
2. (1) All public roads, streets, lanes and paths, the
bridges, ditches, dikes and fences, on or beside the same,
the bed of the sea and of harbours and creeks below high
water marks, and of rivers, streams, nalas, lakes and tanks,
and all canals and water -courses, and all standing and
1. The Andhra Prade sh Land Encroachment Act, 1905 a s 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, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws
Order, 2016, issued i n 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.
3. Section 1-A inserted by Act No.15 of 1968.
4. Substituted by Act No.22 of 1978.
Definitions.
Short title and
extent.
Right of property
in public roads,
etc., waters and
lands.
2 [Act No.III of 1905]
flowing water, and all lands, wherever situated, save in so far
as the same are the property,-
(a) of any zamindar, poligar, mittadar, jagirdar,
shrotriemdar or inamdar or any person claiming through or
holding under any of them, or
(b) of any person paying shist, Kattubadi, jodi,
poruppu or quit-rent to any of the aforesaid persons, or
(c) of any person holding under ryotwari tenure,
5[XXX] or in any way subject to the payment of land -revenue
direct to Government, or
(d) of any other registered holder of land in
proprietary right, or
(e) of any other person holding land under grant from
6[the Government] otherwise than by way of licence,
and, as to lands, save also in so far as they are temple
site or owned as house-site or backyard,
are and are hereby declared to be 7[the property of
Government] except as may be otherwise provided by any
law for the time being in force, subject always to al l rights of
way and other public rights and to the natural and easement
rights of other land -owners, and to all customary rights
legally subsisting.
5. The words “including that of a janmi in Malabar, or of a wargdar in
South Canara,” were omitted by the Andhra Adaptation of Laws Order,
1953.
6. The word “Government” was substituted for “Crown” by the
Adaptation of Laws Order, 1950.
7. The words “the property of Government ” were substituted for “Crown
property” by the Adaptation of Laws (Amendment) Order, 1950.
[Act No.III of 1905] 3
(2) All public roads and streets vested in any local
authority shall, for the purposes of this Act, be deemed to be
8[the property of Government].
Explanation:- In this section “high water mark ” means
the highest point reached by ordinary spring tides at any
season of the year.
3. 9[(1)] Any person who shall unauthorizedly occupy any
land which is 8[the property of Government] shall be liable to
pay by way of assessment,-
(i) if the land so occupied forms an assessed survey
number or part thereof, the full assessment of such number
for the whole period of his occupation or a part thereof
proportionate to the area occupied, as the case may be,
provided that, for special reasons, the Collector or subject to
his control, th e Tahsildar or Deputy Tahsildar may impose
the full assessment of such number or any lesser sum
irrespective of the area occupied;
(ii) if the land so occupied be unassessed, an
assessment on the area occupied calculated for the same
period at the rate imposed on lands of a similar quality in the
neighbourhood, or at the highest dry or wet rate of the
village, as the case may be, or when no such rates exist in
such manner as may be prescribed in rules or orders under
section 8:
Provided that payment of assessment under 10[this
sub-section] shall not confer any right of occupancy.
8. The words “the property of Government ” were substituted for “Crown
property” by the Adaptation of Laws (Amendment) Order, 1950.
9. Section 3 was renumbered as sub-section (1), by Act XXV of 1958.
10. Substituted for the words “this section” by Act XXV of 1958.
Levy of
assessment on
lands
unauthorizedly
occupied.
4 [Act No.III of 1905]
Explanation.- For the purposes of 11[this sub -section]
occupation for an incomplete portion of a fasli may be
deemed to be occupation for a whole fasli.
12[(2) In the case of any class of land which is ordinarily
granted on lease or licence, the Government may levy, in
addition to the assessment imposed under sub-section (1),
a furthe r sum equivalent to the annual rent or fee which
would normally be realisable thereon.]
4. The decision as to the rate or amount of assessment
13[rent or fee], payable under section 3 shall be recorded in
writing and shall not be questioned in any civil court.
5. Any person liable to pay assessment unde r section 3
shall also be liable at the discretion of the Collector or
subject to his control, th e Tahsildar or Deputy Tahsildar to
pay in addition by way of penalty,-
(i) if the land be assessed land, a sum not exceeding
five rupees or, when ten times the assessment pa yable for
one year under section 3 exceeds five rupees, a sum not
exceeding ten times such assessment, provided that no
penalty shall ordinarily be imposed in respect of the
unauthorized occupation of such land for any period not
exceeding one year;
(ii) if the land be unassessed, a su m not exceeding ten
rupees, or when twenty times the assessment payable for
one year under section 3 exceeds ten rupees, a sum not
exceeding twenty times such assessment.
11. Substituted for the words “this section” by Act XXV of 1958.
12. Added by Act XXV of 1958.
13. Inserted by Act XXV of 1958.
Conclusiveness of
decision as to
amount of
assessment.
Liability of person
unauthorizedly
occupying land to
penalty after
notice.
[Act No.III of 1905] 5
6. (1) Any person unauthorizedly occupying any land for
which he is liable to pay assessment under section 3 may
be summarily evicted 14[by the Collector, Tahsildar or
Deputy Tahsildar] and any crop or other product raised on
the land shall be liable to forfeiture and any building or other
construction erected or any thing deposited thereon shall
also, if not removed by him after such written notice as 14[the
Collector, Tahsildar or Deputy Tashildar] may deem
reasonable, be liable to forfeitu re. Forfeitures under this
section shall be adjudged 14[by the Collector, Tahsildar or
Deputy Tahsildar] and any property so forfeited shall be
disposed of as 14[the Collector, Tahsildar or Deputy
Tahsildar] may direct.
(2) An eviction under this section shall be made in the
following manner, namely: - By serving a notice in the
manner provided in section 7 on the person reputed to be in
occupation or his agent requiring him within such time as
14[the Collector, Tah sildar or Deputy Tahsildar] may deem
reasonable after receipt of the said notice to vacate the land,
and, if such notice is not obeyed, by removing or deputing a
subordinate to remove any person who may refuse to
vacate the same, and if the officer removing any s uch
person shall be resisted or obstructed by any person, the
Collector shall hold a summary inquiry into the facts of the
case, and if satisfied that the resistance or obstruction was
without any just cause and that such resistance or
obstruction still continues, may issue a warrant for the arrest
of the said person and on his appearance commit him to
close custody in the office of the Collector or of any
Tahsildar or Deputy Tahsildar for such period not exceeding
30 days as may be necessary to prevent the continuance of
such obstruction or resistance or may send him with a
warrant in the form of the schedule for imprisonment in the
civil jail of the district for the like period:
14. Substituted by Act No.15 of 1968.
Liability of person
unauthorizedly
occupying land to
summary eviction,
forfeiture of crops,
etc.
Mode of eviction.
6 [Act No.III of 1905]
Provided that no person so committed or imprisoned
under this section shall b e liable to be prosecuted under
sections 183, 186 or 188 of the Indian Penal Code in respect
of the same facts.
15[(3) Any person who unauthorisedly re -enters and
occupies any land from which he was evicted under this
section, shall be punished with impri sonment for a term
which may extend to six months or with fine which may
extend to one thousand rupees or with both.]
7. Before taking proceedings under section 5 or section 6
the Collector or Tahsildar, or Deput y Tahsildar, as the case
may be shall cause to be served on the person reputed to
be in unauthorized occupation of land being 16[the property
of Government] a notice specifying the land so occupied
and calling on him to show cause before a certain date why
he should not be proceeded against under section 5 or
section 6.
Such notice shall be served in the manner prescribed
in section 25 of 17[the Telangana Revenue Recovery Act,
1864] or in such other manner as the 18[State Government]
by rules or orders under section 8 may direct.
19[7-A. (1) Where the District Collector know s or has reason
to believe that a group or group of persons, without any
entitlement and with the common object of occupying any
land, which is the property of the Government, are
occupying or have occupied any such land, and if such
15. Inserted by Act No.22 of 1978.
16. The words “the property of Government ” were substituted for
“Crown property” by the Adaptation of Laws (Amendment) Order, 1950.
17. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
18. The word “State” was substituted for “Provincial” by the Adaptation
of Laws Order, 1950.
19. Section 7-A inserted by Act No.23 of 1980.
Prior notice to
person in
occupation.
Encroachment by
group of persons
on Government
land and their
eviction.
Act II of 1864.
[Act No.III of 1905] 7
group or groups of pers ons have not vacated the land on
demand by the District Collector or any officer authorised by
him in this behalf, the District Collector shall,
notwithstanding anything in this Act, order without any
notice, the immediate eviction of the encroacher from t he
land and the taking o f possession of the land ; and
thereupon it shall be lawful for any officer authorised by
District Collector in this behalf to evict the encro achers from
the land by force, taking such police assistance as may be
necessary, and take possession of the land.
(2) Where, in any proceedings taken under this section,
or in consequence of anything done under this section, a
question arises as to whether any land is the property of the
Government, such land shall be presumed to be the
property of the Government until the contrary is proved.
(3) Notwithstanding anything in thi s Act, but subject to
the provisions of section 12A, any order of evic tion passed
by the District Collector under sub -section (1) shall be final
and shall not be questioned in any court.]
8. The 20[State Government] may make rules or orders
either generally or in any particular instance,-
(a) regulating the rates of assessment, 21[rent or fee]
leviable under section 3;
(b) regulating the imposition of penalties under section
5;
20. The word “State” was substituted for “Provincial” by the Adaptation
of Laws Order, 1950.
21. Inserted by Act XXV of 1958.
Power to make
rules.
8 [Act No.III of 1905]
(c) declaring that any particular land or class of lands
which are 22[the property of Government] shall not be open
to occupation;
(d) regulating the service of notices under this Act.
Such general rules or orders shall be made only after
previous publication.
9. The amount of 23[assessment, rent, fee and penalty]
imposed under this Act on any person unauthorizedly
occupying any land shall be deemed to be land -revenue
and may be recovered from him as arrears of land revenue
under the provisions of the Telangana Revenue Recovery
Act, 1864 24[XXX].
10. (1) An appeal shall lie (a) to the Collector from any
decision or order passed by a Tahsildar or Deputy Tahsildar
under this Act, and (b) to the District Collector from any
decision or order of a Collector passed otherwise than on
appeal, and (c) to the Board of Revenue from any decision
or order of a District Collector passed otherwise than on
appeal. There shall be no appeal against a decision or order
passed by the Collector or the District Collector on appeal,
but the District Collector may revise any decision or order
passed by a Deputy Tahsildar, Tahsildar or Col lector under
this Act, and the B oard of Revenue 25[XXX] may revise any
decision or order passed by any officer under this Act.
22. The words “the property of Government ” were substituted for
“Crown property” by the Adaptation of Laws (Amendment) Order, 1950.
23. Substituted for the words “assessment and penalty ” by Act XXV of
1958.
24. The expression “or the Madras City Land Revenue (Amendment)
Act, 1867, as the case may be” was omitted by the Andhra Adaptation of
Laws Order, 1953.
25. The words “or the Local Government” were omitted by Madras Act V
of 1936.
Recovery of
assessment or
penalty levied as
arrears of land
revenue.
Appeal.
[Act No.III of 1905] 9
(2) Pending the disposal of any appeal or petition for
revision under this Act, the Collector, 26[the District Collector
or the Board of Revenue], as the case may be, may
suspend the execution of the order appealed against or
sought to be revised.
11. No appeal shall be brought after the expiration of sixty
days from the date of the decision or order complained of,
provided that in computing the period of sixty days, the time
required to obtain a copy of the decision or order appealed
against shall be excluded, but the appeal may be admitted
after the period hereby prescribed when the appellant
satisfies the auth ority to whom he appeals that he had
sufficient cause for not preferring the appeal within the
prescribed period.
12. Every petition of appeal under this Act shall be
accompanied by the decision or order appealed against or
by an authenticated copy of the same.
27[12-A. (1) The State Government may, in their discretion,
at any time, either suo motu or on application made to them,
call for and exam ine the records relating to any decision or
order passed or proceeding taken by any authority or officer
subordinate to them under this Act for the purpose of
satisfying themselves as to the legality or propriety of such
decision or order, as to the regula rity of such proceeding
and pass such order in reference thereto as they think fit.
(2) The State Government may stay the execution of
any such decision, order or proceeding pending the
exercise of their powers under sub -section (1) in respect
thereof.]
26. These words were substituted for the words “the District Collector,
the Board of Revenue or the Local Government ” by Madras Act V of
1936.
27. Inserted by Act XXV of 1958.
Limitation of
appeal.
Document
accompanying
petition of appeal.
Power of
Government to
call for records
and pass orders.
10 [Act No.III of 1905]
13. Nothing in this Act contained shall be construed as
exempting any person unauthorizedly occupying land from
liability to be proceeded against under any law for the time
being in force:
Provided that if any penalty has been levied from any
person under section 5 of this Act, no similar penalty shall
be levied from him under any other law in respect of such
occupation.
28[14. No decision made or order passed or proce eding
taken by any officer or authority or the State Government
under this Act, not being a decision, order or proceeding
affecting the title to the land of a person, shall be called in
question before a Civil Court in any suit, application or other
proceeding and no injunction shall be granted by any Court
in respect of any proceeding taken, or about to be taken by
such officer or authority or State Gov ernment in pursuance
of any power conferred by or under this Act.]
15. Every proceeding taken by a Collector for the recovery
of any sum of money by way of penal or prohibitory
assessment or charge from any person who has
unauthorizedly occupied any land here by declared to be
29[the property of Government] shall, if such sum has been
recovered prior to the passing of this Act, be deemed to
have been lawfully taken, provided that this section shall not
apply to any suits pending when this Act comes into force in
a Court of First Instance or in a Court of Appeal or affect the
validity and operation of any decree or order already passed
by a court of competent jurisdiction.
28. Substituted by Act No.23 of 1976.
29. The words “the property of Government ” were substituted for
“Crown property” by the Adaptation of Laws (Amendment) Order, 1950.
Bar of jurisdiction
of Civil Courts.
Saving of
operation of other
laws in force.
Validation of levy
of penal
assessment
before the
passing of Act.
Saving of pending
suits.
[Act No.III of 1905] 11
30[15-A. Where a lease of land which is the property of the
Government expires or is terminated by the Government or
any other authority competent in that behalf, the lessee or
any other person remaining in possession of the land after
such expiry or termination, or
Where land granted to any person is liable to be
resumed by the Government for the breach or non -
observance of any of the conditions subject to which the
grant is made and the Government or any other authority
competent in that behalf have passed orders resuming the
land for such breach or non -observance, the grantee or any
other person remaining in possession of the land after the
passing of those orders, shall for the purposes of sections 3
to 15, be deemed to be a person unauthorizedly occupying
such land.]
16. Nothing in this Act 31[save as provided in section 15 -A]
shall apply to any lands claimed by right of escheat 32[XXX]
or reversion until such lands have been reduced into
possession by 33[the State Government].
The provisions as per Act XXV of 1958.
“(1) if any difficulty arises in giving effect to the
provisions of this Act, or of the principal Act as extended by
this Act, in their application to the transferred territories, in
consequence of the transition to the said provisions from the
corresponding provisions of the Act in force therein
immediately before the commencement of this Act, the State
Government may, by order in the Telangana Gazette, make
such adaptations or modifications of the said Act not
30. This section was inserted by Act XXIX of 1950.
31. These words, figure and letter were inserted by Act XXIX of 1950.
32. The word “resumption” omitted by Act XXIX of 1950.
33. The word “State” was substituted for “Provincial” by the Adaptation
of Laws Order, 1950.
Certain persons
deemed to be in
unauthorized
occupation of
land.
Saving of lands
claimed by right
of escheat or
reversion.
Power to remove
difficulties.
12 [Act No.III of 1905]
affecting the substance, or make such provisio ns as appear
to them to be necessary or expedient for removing the
difficulty:
Provided that the power conferred by this sub -section
shall not be exercisable after the expiration of three years
from the commencement of this Act.
(2) If any difficulty a rises in g iving effect to the
provisions of this Act, or of the principal Act as extended by
this Act, (otherwise than in relation to the transition from the
provisions of the corresponding Act in force before the
commencement of this Act), in their applic ation to the
transferred territories, the State Government may, by order,
make such provisions, not inconsistent with the purposes of
this Act or of the principal Act as extended by this Act, as
appear to them to be necessary or expedient for removing
the difficulty.
Nothing contained in the Hyderabad Land Revenue Act
(Hyderabad Act VIII of 1317 F.) shall apply in so far as it
relates to any matter or proceeding dealt with in the
principal Act as amended by this Act except as resp ects
things done or omitted to be done befor e the
commencement of this Act”.
Effect of other
laws.
[Act No.III of 1905] 13
SCHEDULE.
FORM OF WARRANT TO BE ISSUED BY THE COLLECTOR
UNDER SECTION 6.
(Seal)
To
The Officer in charge of the Civil Jail at ………………….
Whereas A.B. of…………….has resisted (or
obstructed) C.D. in removing E.F . (or himself, that the said
A.B.) from certain land in the villag e of …………………in
the………………taluk, and whereas it is necessary in order
to prevent the continuance of such obst ruction (or
resistance) to commi t the said A.B. to close custody, you
are hereby required under the provisions of section 6 of
34[the Telangana Land Encroachment Act, 1905,] to receive
the said AB. into the jail under your charge and there to
keep him in safe custody for
…………………………….days…………………………………..
Dated this ……………day of……………………days
(Signature of Collector).
* * *
34. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.