LexThe Telangana Land Revenue Act, 1317 Fasli.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA LAND REVENUE ACT, 1317 F.
(ACT NO. VIII OF 1317 F.)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER I.
PRELIMINARY.
1. Short title and commencement.
1-A. Effect of Regulations LX & LXIX of 1358 Fasli and
Act XXI of 1950 on this Act.
2. Definitions.
CHAPTER - II.
APPOINTMENT AND POWERS OF REVENUE
OFFICERS.
3. Chief Controlling Authority in matters relating to
land revenue.
4. Omitted.
5. Omitted.
6. Appointment of Collector.
6-A. Additional Collector or Additional Taluqdar to have
had always the same powers and duties as the
Collector or Taluqdar.
7. Appointment of Deputy or Assistant Collector.
8. Deputy or Assistant Collector to hold charge of that
office in absence of Collector until person is
appointed or Collector resumes charge.
9. Tahsildar, his appointment, duties and powers.
10. Tahsildar may depute subordinates to perform
certain of his services.
2 [Act No. VIII of 1317 F.]
11. Temporary arrangement of office of Tahsildar.
12. Survey officers, their duties and powers.
13. Combination of offices.
14. Appointment of officers to be notified.
15. Power of appointment of establishment.
16. Power of Collector to transfer cases.
CHAPTER - III Omitted.
CHAPTER - IV.
LAND AND LAND REVENUE.
24. All lands etc. are property of Government.
25. Assigning of land for special purposes to be lawful.
26. Animals which shall graze on land set apart for free
pasturage of animals.
27. Cases in which there shall be right to carry earth
stones, etc., from river, stream or bed of tank.
TREES
28. Trees Irsali or Ghairi on land held by Pattadar.
29. Right of pattadar to trees planted on occupied land
prior to his occupation.
30. Trees outside occupied tracts or in bed of rivers,
streams, etc.
31. Sale of Irsali trees outside reserved area.
32. Letting out for cultivation unoccupied land
containing valuable trees situate in taluqa where
forest boundaries have not been demarcated.
33. Fresh patta within reserved forest to be given in
consultation with Conservator of Forests.
[Act No. VIII of 1317 F.] 3
34. Proprietary rights over toddy and sendhi trees and
the right to plant such trees.
35. Proprietary rights of Government over toddy, sendhi
and gulmohwa trees.
36. Omitted.
37. Rules relating to lopping of Sendhi and toddy and
tapping trees to apply to trees belonging to
Government.
37-A. Duty of Pattadar or tenant to report illegal rapping of
toddy and sendhi trees.
38. Proprietary right over Gulmohwa trees and the right
to plant such trees.
39. Right to fruit bearing trees in occupied land.
40. Omitted.
41. Procedure where land is in occupation of one
person and another person has right on trees.
42. Procedure for trees planted in unoccupied land by
any person and retained in his possession.
43. If in event of pattadar absconding or dying or
tendering compromise, right of any other person to
land is not recognized, trees to be property of
Government.
44. Land may be let out free of assessment for planting
shady trees for public benefit.
45. Conditions on which land for raising groves may be
given.
46. Procedure where Pattadar is felling trees belonging
to Government.
46-A. Restrictions on felling of sendhi, toddy and
gulmohwa trees and fruit bearing trees.
4 [Act No. VIII of 1317 F.]
47. Permission to take wood from waste land outside
reserved forest.
LAND REVENUE.
48. All land to be liable to payment of land revenue save
in case of remission.
49. If alluvial land be within land excluded from
Government demand etc., it shall be subject to
original land for purpose of payment of land
revenue.
50. Land revenue to be assessed according to use of
land for various requirements.
51. Settlement of land revenue with whom to be made.
52. Assessment of land revenue by whom and how to
be made.
53. Water rate.
CHAPTER V.
OCCUPATION OF KHALSA LAND AND RIGHT OF
OCCUPANTS.
54. Procedure for acquiring unoccupied land.
54-A. Procedure in respect of land acquired for purpose of
public benefit and no more required.
55. Rules relating to alluvial land.
56. Rules relating to diluvial land.
57. Procedure when person un-lawfully occupies un-
occupied land or uses land without title.
58. Occupancy right is heritable and transferable.
58-A. Sanction of Collector for transfer of occupied land
compulsory in certain cases.
58-B. Procedure in case of transfer by order of Court of
land not transferable without sanction of Collector.
[Act No. VIII of 1317 F.] 5
59. Who shall be Pattadar on death of Pattadar.
60. Occupancy right to be sold in case Pattadar dies
intestate or heirless.
61. Occupant to be entitled to construct godowns and
wells etc., or otherwise improve condition of land.
62. Procedure in case of agricultural land appropriated
to non-agricultural purposes.
63. Right to all mines vests in Government.
64. Occupant may relinquish or transfer occupancy right
to another.
65. Right of way on relinquishing land to vest in future
holder.
CHAPTER VI.
SUPERIOR HOLDER AND SHIKMI-HOLDER.
66. Liability and rights of Pote-pattadar.
67. When shall Asami-Shikmi have perpetual occupancy
right.
67-A. Conferment of Pattadari rights on Shikmidars.
67-B. Validation of certain transfers of land and conferment
of pattadari rights on transferees.
68. Liability of Shikmidar to payment of land revenue.
69. When rent may be enhanced on Shikmidar.
70. When Shikmidar shall be entitled to reduction of
rent.
71. Liability of Asami-Shikmi respecting payment of rent
and procedure when Shikmi relation is not desired
to be maintained.
72. Application for arrears of land revenue or rent in
Tahsil within three years.
6 [Act No. VIII of 1317 F.]
73. Procedure in case of remission of suspension of
land revenue.
74. Omitted.
75. Penalty when proved that land holder has by force
recovered any amount in excess of fixed land
revenue or rent.
76. In default of payment of land revenue it shall be
lawful in certain cases to cease and auction right of
pattadar and make any co-occupant or other
concerned person a pattadar
CHAPTER VII.
SETTLEMENT AND PARTITION OF AREAS.
77. Government may introduce revenue survey into any
part of Dominions.
78. Land holders etc., may be made by general notice
or summons, to attend survey operations and
assistance of village officers, and officers concerned
may be taken.
79. No number to comprise of less than fixed area.
80. When pattadar or pote number tenders compromise
it may be made over to any one of pote pattadars of
same number.
81. Settlement officers to make assessment.
82. Assessment of land revenue may be made directly
of land or of means of irrigation.
83. Assessments made in settlement shall not be
recovered without sanction of Government.
84. Announcement of assessment how made.
85. When assessment fixed shall be levied.
86. Preparation of register.
[Act No. VIII of 1317 F.] 7
87. Settlement officer to correct clerical and other errors
admitted by all parties and application for correction
of name to be made within two years.
87-A. Delegation of powers of Government.
88. Settlement records to be made over to Collector
who shall cause village records to be prepared.
88-A. Omitted.
89. Division of numbers and fixing of pote-numbers on
second settlement to be lawful.
89-A. Division of Survey numbers into new Survey
numbers.
89-B. Division of Survey numbers into pote numbers.
CHAPTER VIll.
DISPUTE RELATING TO BOUNDARIES AND
lNSTALLATION AND MAINTENANCE OF
BOUNDARY MARKS.
90. Determination of village boundaries.
91. Procedure in case of disagreement or dispute.
92. Determination of field boundaries.
93. Settlement of boundary disputes by arbitration.
94. Construction or repair of boundary marks of Villages
and survey numbers.
95. Dimensions and form etc., of boundaries to be
determined with sanction of Chief Revenue
Authority.
96. Collector to have charge of boundary marks after
introduction of settlement.
97. Responsibility for preservation of boundary marks.
98. Penalty for damaging etc., boundary marks.
8 [Act No. VIII of 1317 F.]
99. Fixing of limits of village sites.
100. No land revenue to be levied in certain cases on
lands within village site.
101. Procedure on occupying without permission land
situate in village site.
102. Suit not to be instituted in Civil Court after one year
from order of Collector.
CHAPTER IX.
REALIZATION OF LAND REVENUE AND OTHER
GOVERNMENT DEMANDS.
103. Responsibility for payment of land revenue.
PRIORITY OF GOVERNMENT CLAIM FOR LAND
REVENUE.
104. Government demand to have priority over all claims.
105. Produce of land to be deemed as, hypothecated for
payment of land revenue.
PRECAUTIONARY MEASURES FOR SECURING
LAND REVENUE.
106. Produce disposed of by sale etc., may be withheld
till payment of land revenue.
107. Power of Collector when apprehended that revenue
shall not be recoverable.
108. Issue of orders provided for in section 107 and
penalty for contravention thereof.
109. Reaping or removal of produce of land not to be
prohibited for such long period as to damage
produce.
110. Attachment of village or part of village for land
revenue.
[Act No. VIII of 1317 F.] 9
111. Precautionary measures to be suspended on
security being furnished.
MODE OF INSTALMENTS OF LAND REVENUE.
112. Government to determine date and instalments for
recovery of amount.
DEFAULTERS.
113. Arrears and defaulter.
114. Liability incurred in case of non-payment of arrears.
115. Certified account to be conclusive evidence as to
arrears.
RECOVERY OF ARREARS OF LAND REVENUE.
116. Measures for recovery.
117. Measures specified applicable to arrears due both
for previous years and current year.
NOTICE OF DEMAND.
118. When and by whom notice of demand may be
issued and its costs.
119. Distraint and sale of defaulter’s movable property.
120. Distraint and sale of defaulter’s immovable property.
121. Property of defaulter exempt from attachment.
ARREST AND IMPRISONMENT.
122. Power to arrest defaulter and send him to Civil Jail.
123. Power to arrest.
FORFEITURE OF OCCUPANCY AND EVICTION OF
DEFAULTER.
124. Lease and sale of occupancy right.
125-128.Omitted.
10 [Act No. VIII of 1317 F.]
STAY OF PROCEEDINGS FOR RECOVERY OF
ARREARS.
129. Recovery proceedings to be stayed on security
being given or amount being paid.
130. Procedure for sale and publication of notification.
131. Objection in respect of attached property.
132. Sale by whom and when to be made.
133. When sale may be stayed.
134. By whose sanction sale shall be final.
135. Mode of payment of purchase money.
136. Re-sale if purchase money is not paid within
prescribed time.
137. Receipt for purchase money to be furnished and
sale as concluded to become absolute.
138. Application to set aside sale of immovable property.
139. Order confirming or setting aside sale.
140. Refund of purchase money if sale is not confirmed
or set aside.
141. Putting purchaser into possession of holding sold
and entering his name as pattadar in village record.
142. Application of purchase money.
143. Liability of purchaser for payment of land revenue.
144. Sums recoverable under provisions of this Chapter.
CHAPTER X.
PROCEDURE OF REVENUE OFFICERS.
145. Revenue officer to be subordinate to his superior.
146. Power to issue summons for evidence and
producing document etc.
[Act No. VIII of 1317 F.] 11
147. Form, issue and service of summons.
148. Code of Civil Procedure regarding sustenance
allowances to be followed when party desires
attendance of witnesses.
FORMAL INQUIRY.
149. Mode of recording evidence in formal inquiry.
150. Mode of writing decisions.
SUMMARY INQUIRY.
151. Mode of summary inquiry.
152. Formal and summary inquiry to be deemed judicial
proceedings and to be conducted openly.
153. Mode of ordinary inquiry.
154. Manner of obtaining copies and translation.
155. Arrest to be made by warrant.
156. Power to enter upon land or premises when
necessary.
157. Mode of evicting unlawful occupant.
CHAPTER XI.
APPEAL, REVIEW AND REVISION.
APPEAL.
158. Appeal from order of Revenue officer.
159. Non-appealable orders.
160. Period of limitation.
161. Original order or copy thereof to be filed along with
memorandum etc.
162. Powers of appellate authority.
163. Power to stay execution.
12 [Act No. VIII of 1317 F.]
164. Final order to be deemed non-appealable.
165. Propriety of reconsideration of order passed on
motion of incompetent officer.
166. Review.
166-A. Application of Limitation Act.
166-B. Revision.
166-C. Review by Government.
CHAPTER XII.
MISCELLANEOUS
167. Inspection of maps, survey records and village
accounts and granting copies thereof.
168. Rules for partition of an area on which land revenue
is levied.
169-171. Omitted.
172. Power to make rules.
173. Punishment for breach of rules.
THE TELANGANA LAND REVENUE ACT, 1317 F.1
ACT No. VIII of 1317 F.
CHAPTER I.
PRELIMINARY.
1. (1) This Act may be called 2[the Telangana Land
Revenue Act, 1317 F.] and it shall come into force from 1st
Azur 1318 Fasli.
3[(1-a) It shall extend to the whole of the 4[State of
Telangana].
(2) Rules and orders in force before the commence -
ment of this Act, provided they are not repugnant to the
provisions contained in this Act, shall remain in force until
rules relating to such matters are made under this Act.
3[1-A. With e ffect from the commencement of 5[the
Telangana Board of Revenue Regulation, 1358 F.], 5[the
Telangana (Abolition of Ja girs) Regulation, 1358 F.] and
5[the Telangana Tenancy and Agricultural Lands Act, 1950],
1. The Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F. 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 Telan gana
Adaptation of Laws (No.2) Order, 2016, issued in G.O.Ms.No.46, Law (F)
Department, dated 01.06.2016.
2. Substituted for the original short title by Act IX of 1961 and
subsequently by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
3. Sub-section ( 1-a) and section 1 -A inserted by the A.P Adaptation of
Laws Order, 1957 and subsequently amended by Act IX of 1961 and
G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
4. Substituted by Act IX of 1961 and subsequently by G.O.Ms.No.46,
Law (F) Department, dated 01.06.2016.
5. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Short title and
commencement.
Previous rules
and orders.
Effect of
Regulations LX &
LXIX of 1358 Fasli
and Act XXI of
1950 on this Act.
Regulation LX of
1358F.
Regulation LXIX of
1358 F.
Act XXI of 1950.
2 [Act No.VIII of 1317 F.]
respectively, the provisions of this Act ar e sub ject to the
provisions of the said Regulations and Act].
2. In this Act, unless there is anything repugnant in the
subject or context,-
6[(1) „Revenue officer‟ means every officer of any rank
whatsoever appointed under any provision of this Act or of
7[the Andhra Pradesh ( Telangana Area) Record of Rights in
Land Regulation, 1358 F.] and appointed for carrying on the
land revenue administration or who discharges the function
relating to survey, assessment and preparation of accounts
and records;
(1-a) „Survey officer‟ means an officer appointed under
section 12 of this Act;
(1-b) „land‟ includes all kinds of benefits pertaining to
land, or things attached to the earth, or permanently
fastened to things attached to the earth and also includes
shares in, or charges on, the revenue or rent which are or
may be levied on villages, or other defined areas];
(2) „number‟ means a portion of land the area and
other particulars of which are separately entered with a
number in the village records and shall include a „Pote-
number‟, if any, in a number;
(3) „Pote-number‟ means the portion of a „number‟
separately assessed and entered in a register;
(4) „residential site‟ means the land set apart for the
purpose of constructing a house whether a house be
6. Amended by Act No.III of 1355 F.
7. Repealed by Act 26 of 1971.
Definitions.
Regulation LVIII of
1358 F.
[Act No.VIII of 1317 F.] 3
constructed thereon or not and also includes the court -yard
or ground enclosed by or appurtenant to a house;
(5) „boundary marks ‟ mean the marks made of earth
stone or any other material, and also a fence, or
embankment or any other object, whether natural or
artificial, set up, named or fixed by any competent officer, in
order to determine the boundary and also include the
boundary marks fixed before 1274 Fasli;
8[(6) „to hold land ‟ or „to be a land holder ‟ of land
means to be lawfully in possession of land whether such
possession is actual or not;
(7) „holding‟ means a portion of land held by a holder;
(8) „superior holder ‟ means a land holder entitled to
receive rent or land revenue from other land -holders
(hereinafter called „inferior holders ‟) whether he is
accountable or not for such rent or land revenue, or any part
thereof to Government;
(8-a) „occupation‟ means possession;
(8-b) „to occupy land ‟ means to possess or to take
possession of land;
(8-c) „occupant‟ means a holder in actual possession of
unalienated land other than an asami shikmi: provided that
where the holder in actual possession is an asami shikmi,
the superior holder shall be deemed to be the occupant;
(8-d) „occupancy‟ means a portion of land held by an
occupant];
8. Substituted by Regulation No.LVIII of 1358 F.
4 [Act No.VIII of 1317 F.]
9[(9) [XXX]
(9-a) [XXX]]
(10) „Inam land‟ means the land exempted wholly or in
part from payment of land revenue and includes „Maqta‟ and
„Agrahar‟ land;
10[(11) „Pattadar‟ means th e person who is directly
responsible to the Government for payment of land revenue
and whose name has been entered as such in Government
records, whether he be personally in possession of the
holding or through his Shikmidar];
(12) „Shikmidar‟ means the person who like a „Pattadar‟
possesses a title to the land or who from the beginning has
been jointly in possession of the land with the Pattadar or
who, before the commencement of this Act, has acquired by
virtue of any regulation in force, or may acquire by virtue of
that law the right of a Shikmidar;
11[(13) „asami shikmi‟ means a lessee, whether holding
under an instrument or under an oral agreement, and
includes a mortgagee of an asami shikmi ‟s rights with
possession, but does not include a lessee holding directly
under Government;
(14) „village‟ includes a town or city and all the land
belonging to a village, town or city];
(15) „village officer ‟ means the Patel and Patwari of a
village;
9. Clauses (9) and (9 -a) omitted by the A.P Adaptation of Laws Order,
1957.
10. Substituted for clause (11) by the A.P Adaptation of Laws Order,
1957.
11. Substituted by Regulation No.LVII of 1358 F.
[Act No.VIII of 1317 F.] 5
12[(16) „rent‟ means the consideration in money or kind
or partly in money and partly in kind paid or payable by a
Shikmidar to his Patt adar or by an A sami Shikmi to the
holder of the land on account of the use or occupation of
the land held by him as Shikmidar or Asami Shikmi but shall
not include the rendering of any personal service];
13[(17) „revenue‟ means the amount pay able by the
holder to the Government at fixed p eriods for use of or entry
into the land];
14[(18) „chavdi‟ includes in any village, in which there is
no chavdi, such place as the 15[Collector] may direct shall
be deemed to be the chavdi for the purposes of this Act].
16[CHAPTER - II.
APPOINTMENT AND POWERS OF REVENUE OFFICERS.
3. (1) The Chief Controlling Authority in all matters relating
to land revenue shall be the 17[Board of Revenue constituted
under 18[the Telangana Board of Revenue Regulation, 1358
F] (hereinafter in this Act referred to as the Board of
Revenue)], subject to the Government in the Revenue
Department.
19[(2) [XXX]
12. Amended by Act No.I of 1354 F.
13. Substituted for clause (17) by the A.P Adaptation of Laws Order,
1957.
14. Substituted by Regulation No.LVIII of 1358 F.
15. Substituted for the word “Taluqdar” by the A.P Adaptation of Laws
Order, 1957.
16. Amended by Act No.III of 1355 Fasli.
17. Substituted for the word “Subedar” by the A.P Adaptation of Laws
Order, 1957.
18. Substituted by Act IX of 1961 and the Regulation is adapted by
G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
19. Sub-section (2) omitted by the A.P Adaptation of Laws Order, 1957.
Chief Controlling
Authority in
matters relating to
land revenue.
Regulation LX of
1358F.
6 [Act No.VIII of 1317 F.]
20[4. [XXX]]
21[5. [XXX]]
6. The Government shall appoint in each district a
22[Collector] w ho shall be subordinate to the 23[Board of
Revenue] an d shall exercise all the powers and discharge
the duties conferred or imposed on a 22[Collector] under this
Act, or any other law for the time being in force, and in all
matters not specially provided for by law shall act according
to the instructions of the Government.
The Government may, if necessary, appoint in any
district an 24[Additional Collector] who shall discharge such
duties of a 22[Collector] as may, from time to time, be deter-
mined by the Government.
25[6-A. Subject to any special orders of Government in force
at the reIevant time,-
(a) an Additional Collector shall have and shall be
deemed always to have had the powers and duties of a
Collector; and
(b) an Additional 22[Taluqdar] shall be deemed always
to have had the powers and duties of a 22[Taluqdar] within
their respective districts, whether under this Act or under
any other law for the time being in force read with 26[the
20. Section 4 omitted by the A.P Adaptation of Laws Order, 1957.
21. Repealed by A.P Act 7 of 1974.
22. Substituted for the word “Taluqdar” by the A.P Adaptation of Laws
Order, 1957.
23. Substituted for the words “Subedar -i-Mutalliga” (concerned
Subedar) by the A.P Adaptation of Laws Order, 1957.
24. Substituted for the words “Zai d Talukdar” Additional Collector by the
A.P Adaptation of Laws Order, 1957.
25. Substituted by Act No.IX of 1952.
26. Adapted in G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Appointment of
22[Collector.]
Additional
Collector or
Additional
[Taluqdar] to have
had always the
same powers and
duties as the
Collector or
[Taluqdar].
[Act No.VIII of 1317 F.] 7
Telangana District Officers (Change of Design ation and
Construction of References) Act, 1950].
7. (1) The Government may appoint in each district so
many 27[Deputy or Assistant Collectors], as it may deem
expedient, and they may be called Additional 27[Deputy or
Assistant Collectors] or Divisional officers or by any other
name, as may be specified in the order of appointm ent. All
the 27[Deputy or Assistant Collectors] and all other officers
employed in the revenue admini stration of the district shall
be subordinate to the 28[Collector].
(2) Subject to the general orders of the Government a
28[Collector] may, for the purpose of revenue administra tion,
place one or more of the taluqas in his district in the charge
of any 27[Deputy or Assistant Collector], or may himself
retain charge thereof. Any 27[Deputy or Assistant Collector]
so made in charge of any taluqa shall perform all the duties
and exercise all the power s imposed or conferred upon a
27[Deputy or Assistant Collector] by virtue of this Act or
perform and exercise such of the duties and powers of a
28[Collector] as have been imposed or conferred on a
28[Collector] under this Act or under any other law for th e
time being in force and as may be assigned to him by the
28[Collector] or by a special or general order of the
Government:
Provided that the 28[Collector] may, whenever he may
deem fit, direct any such 27[Deputy or Assistant Collector]
not to perform or exercise certain duties or powers, and may
reserve the same to himself or assign them to any other
subordinate 27[Deputy or Assistant Collector].
27. Substituted for the words “Duwan Taluqdars” (second collectors) by
the A.P Adaptation of Laws Order, 1957.
28. Substituted for the word “Taluqdar” by the A.P Adaptation of Laws
Order, 1957.
Act XXXV of 1950.
Appointment of
27[Deputy or
Assistant
Collector.]
Duties and
powers of
27[Deputy or
Assistant
Collector].
8 [Act No.VIII of 1317 F.]
(3) To such 29[Deputy or Assistant Collectors] as it may
not be possible or expedient to place in charge o f a taluqa
30[Collector] shall, in pursuance of the general or special
order of the Government, assign such of his special duties
and powers as may, from time to time, appear fit.
8. If the 30[Collector] is not able to perform his services, or
for any reason vacates his office or leave s his district, or
dies, the senior most 29[Deputy or Assistant Collector] of the
district who may be present in the district, shall temporarily
hold charge of the office and for the purposes of this Act
shall be deemed to be a 30[Collector] until the 30[Collector]
resumes charge or until the Government appoints his
successor and such successor takes charge of his
appointment. An officer whose principal functions are
different from those of a 29[Deputy or Assistant Collector]
and who is appointed a 29[Deputy or Assistant Collector] for
special purposes only, shall not be deemed to be a
29[Deputy or Assistant Collector] for the pur poses of this
section.
31[9. (1) The Revenue officer entrusted with the revenue
administration of a taluqa shall be called a „Tahsildar‟ and
he shall be subordinate to the 30[Collector] and the
29[Deputy and or Assistant Collector] concerned. He shall be
appointed by the Government or b y an officer authorised by
the Government in this behalf by notification in the 32[Official
Gazette]. His duties and powers shall be such as may be
expressly imposed or conferred by this Act or by any other
law for the time being in force, or as may be impo sed upon
or delegated to him by the 30[Collector] under the general or
29. Substituted for “Duwan Talukdar” (second Collector) by A.P
Adaptation of Laws Order, 1957.
30. Substituted for “Taluqdar” by A.P Adaptation of Laws Order, 1957.
31. Substituted by Regulation of 1356 Fasli.
32. Substituted for “Jarida” by the A.P Adaptation of Laws Order, 1957.
29[Deputy or
Assistant
Collector] to hold
charge of that
office in absence
of 30[Collector]
until person is
appointed or
30[Collector]
resumes charge.
Tahsildar, his
appointment,
duties and
powers.
[Act No.VIII of 1317 F.] 9
special order of the Government. The Government may, if
necessary, appoint more than one Tahsildar.
(2) The Government may appoint one or more officers
to be designated as Naib Tahsildar, to assist the Tahsildar in
the revenu e administration of his taluqa, and may by
general or special order confer upon the Naib Tahsildars
generally or any specified Naib Tahsildar all or any of the
powers of a Tahsildar under this Act or any other law for the
time being in force].
10. A Tahsildar may, subject to such general orders as
may from time to time be passed by the 33[Board of
Revenue] or the 34[Collector], depute any of his
subordinates to perform any portion of his ministerial or
executive duties:
Provided that all acts and orders of the subordinates as
appointed shall be subject to modification and confirmation
by the Tahsildar.
11. If a Tahsildar is not able to perform his service or for
any reason vacates his office, or leaves his taluqa, or dies,
the Peshkar or the superior clerk on the establishment shall
temporarily hold charge of the office and shall be deemed to
be the Tahsildar of that taluqa until the Tahsildar resumes
charge of the taluqa or until such time as a successor is
appointed by order of competent authority and takes charge
of the office.
12. For the purposes of Chapters VII and VIII of this Act,
the Government may appoint such officers as may from time
to time appear necessary. Such officers shall be designated
33. Substituted for “Subedar” by the A.P Adaptation of Laws Order,
1957.
34. Substituted for “Talukdar” by the A.P Adapta tion of Laws Order,
1957.
Tahsildar may
depute
subordinates to
perform certain of
his services.
Temporary
arrangement of
office of Tahsildar.
Survey officers,
their duties and
powers.
10 [Act No.VIII of 1317 F.]
“Commissioner of Survey Settlement ”, “Commissioner of
Land Records ”, “Assistant Commissioner of Survey
Settlement”, “Assistant Commissioner of Land Records” or
otherwise as may appear requisite, and they shall be
subordinate to one another in such order as the
Government may fix.
Subject to the orders of the Government all matters,
connected with survey and settlement, shall relate to the
officers so appointed and they shall exercise and perform all
such powers and duties as have been fixed by this Act or
any other law for the time being in force.
13. The Government may appoint one and the same
person, being otherwise competent according to law, to any
two or more of the offices provided for in this Chapter or to
confer upon an offi cer of one class all or any of the powers
or duties of any other officer or officers within any particular
area or otherwise as may appear expedient.
14. The appointment of all officers mentioned in sections 3
to 9, 12 and 13 shall be notified in the manner as may be
prescribed by the Government.
15. Subject to the rules made in this behalf under section
172, the Government shall regulate the power of
appointment of all members of establishments vested in
35[Board of Revenue], 36[Collector], Commissioner of Survey
Settlement and Commissioner of Land Records in their
respective departments. The Government shall also
determine, inter alia the powers which the said officers may
delegate to their subordinate officers:
35. Substituted for “Subedar” by the A.P Adaptation of Laws Order,
1957.
36. Substituted for “Taluqdar” by the A.P Adaptation of Laws Order,
1957.
Combination of
offices.
Appointment of
officers to be
notified.
Power of
appointment of
establishment.
[Act No.VIII of 1317 F.] 11
Provided that the aforesaid officers shall always have a
right of modification and revision in respect of appointments
made by their such subordinate officer.
16. A 37[Collector] may, after recording reasons, transfer
any case from his own or from that of any of his sub -
ordinate departments to any other, department or from that
of his subordinate department to his own department.
38[CHAPTER - III [XXX]].
CHAPTER - IV.
LAND AND LAND REVENUE.
24. All public roads , lanes, paths, bridges, ditches, dikes,
rivers, streams, tanks, ponds, canals, lakes and flow ing
water and all lands, wherever situated, together with all
rights app ertaining thereto are the property of the
Government excepting:-
(a) those belonging to persons or class legally capable
of holding proper ty and to the extent so far as their such
rights are established;
(b) those in respect of which any other order under any
law may have been given.
It shall be lawful for the 37[Collector] or other officer
appointed by the 39[Government] for this purpose subject to
rules sanctioned by the Government and contained in
notification and the order of the 40[Board of Revenue] , to
37. Substituted for “Taluqdar” by the A.P Adaptation of Laws Order,
1957.
38. Omitted by Act No.XLIV of 1952.
39. Amended by Act No.III of 1308 F.
40. Substituted for “Subedar” by the A.P Adaptation of Laws Order,
1957.
Power of
37[Collector] to
transfer cases.
All lands etc. are
property of
39[Government].
12 [Act No.VIII of 1317 F.]
dispose of them in his discretion; but the right of way or
other rights legally vesting in any person or the public shall
subsist.
25. When a village is under settlement, the
41[Commissioner of Survey Settlement or th e Commissioner
of Land Records] in that Village and in other cases with the
sanction of the 42[Board of Revenue], the 43[Collector] may,
subject to the orders of the 44[Government], set apart any
Khalsa land not in the lawful occupation of any person or
class for pasturage of cattle or for grass reserves or for other
Government purposes or for the purposes of public benefit;
provided that it does not inter fere with any right of any
person or class. The land so set apart shall not be otherwise
appropriated without the order of the 42[Board of Revenue].
26. The right of grazing on land set apart for free pasturage
of animals shall confine only to the animals of the village
within the limits of which the land is situate and for which it
has been set apart.
If there is a dispute as to such right the decision of the
43[Collector] in respect thereof shall be conclusive.
27. There shall be the rig ht in the foll owing cases, without
obtaining the permission and without payment of tax to
carry from a river, stream or bed of a tank and also from
land which has not been assessed or not set apart for any
special purpose, earth, stone, gravel, sand, morrum in as
much as has not been reserved by any order of the
44[Government]:-
41. Amended by Act No.III of 1355 F.
42. Substituted for “Subedar” by the A.P Adaptation of Laws Order,
1957.
43. Substituted f or “Taluqdar” by the A.P Adaptation of Laws Order,
1957.
44. Amended by Act No.III of 1308 F.
Assigning of land
for special
purpose to be
lawful.
Animals which
shall graze on
land set apart for
free pasturage of
animals.
Cases in which
there shall be
right to carry earth
stones, etc., from
river, stream or
bed of tank.
[Act No.VIII of 1317 F.] 13
(a) for any person for his private purpose in the village
of residence and for agricultural need in the village where he
has residence or cultivation;
(b) f or a potter or brick-maker or tile -maker or for the
person who makes use of any of the aforesaid articles in his
professional work at the place where he carries on the work
of his professi on but where trade in any of these articles is
carried on a big scale at any place and on account of
digging of earth therefor, there is risk of destruction and of
becoming useless of any building or cultivation or arising of
difficulties in the ordinary requirements of villagers or
endangering public health, the Tahsildar shall for that
purpose select and assign some plots and notify, the same
and no person among the m shall be authorized to dig earth
at any place other than the said plots;
(c) t he aforesaid articles may, with the permission of
45[Collector] also be taken for Government purposes of the
Public Works Department, 46[Local Administration] or other
departments or for purposes of public benefit, from the land
on which revenue has been fixed but is not held by any
person and is not set apart for any special purpose.
Explanation:- Digging within five yards close to a
building shall not be lawful.
TREES
28. The Pattadar shall have full ri ght over „Irsali‟ or „Ghairi‟
trees within the li mits of land held by a pattadar , so long, as
he remains the Pattadar of that land, as also over the trees
which may, after obtaining the patta have grown up naturally
45. Substituted for “Taluqdar” by the A.P Adaptation of Laws Order,
1957.
46. Substituted for “Local Fund” by the A.P Adaptation of Laws Order,
1957.
Trees Irsali or
Ghairi on land
held by Pattadar.
14 [Act No.VIII of 1317 F.]
or have been planted or have cropped up from the roots of
trees cut by the Forest Department. But the trees over which
the 47[Government] may have retained its proprietary rig ht
by notification shall be excluded from the ow nership of the
Pattadar.
29. Trees lrsali or Ghairi in land in the occupation of
Pattadar which m ay have been planted by the Patt adar or
by the persons of whom the present Pa ttadar is a successor
or the ow nership of which may have been acquired by the
Pattadar or hi s predecessors by other lawful means, shall
belong to the present Pattadar and remain at his disposal by
all means and the Government shall have no right of any
kind thereto; but the Pattadar shall have full rights over such
trees as have not been planted by the Pattadars or by his
ancestors or by a former Pattadar whose successor he is
and to which the right of the 47[Government] may be
subsisting, if they have not been felled by the Forest
Department or sold by fixing the price to the present
Pattadar under rules made by the 47[Government] by
notification.
30. All trees being outside the occupied tracts or in river,
stream or on road or in the bed of tank and pond or on the
bund shall be deemed to be the property of the
47[Government.]
31. In the taluqas in which boundaries of existing forest
have been demarcated by the Forest Department, the
48[XXX] 49[Collector] may, if he deems fit to let out for
cultivation such lands as are excluded from the bound aries
fixed, sell the trees therein at a reasonable price and let out
the land for cultivation and credit the sale -proceeds of the
timber to the Forest Department; but in case the valuable
47. Amended by Act No.III of 1308 F.
48. Omitted by Act No.III of 1355 F.
49. Substituted for “Taluqdar” by the A.P.A.O. 1957.
Right of pattadar
to trees planted
on occupied land
prior to his
occupation.
Trees outside
occupied tracts or
in bed of rivers,
streams, etc.
Sale of Irsali trees
outside reserved
area.
[Act No.VIII of 1317 F.] 15
Irsali timber therein be in abundance an intimation in writing
for sale of timber shall be given to the 50[District Forest
Officer]. It shall b e incumbent on the Forest Department
either to fell or sell the trees within one year from the date of
receipt of the intimation, otherwise the 51[Collector] on the
expiry of the said period may, at his own instance, sell and
credit the amount to the Forest Department, and in case it is
not deemed fit to fell such trees, they may be preserved and
excluding the land on which those trees lie patta of the
remaining land may be given.
32. If the 52[XXX] 51[Collector] in taluqas where reserved
forest has not been demarcated, deems fit to let out for
cultivation the unoccupied land beyond the proposed
boundaries containing forest or valuable trees, he shall
consult the Forest Department and if with the concurrence
of competent officer of the Forest Department occupation of
such land is given to any per son the provisions of the
preceding section shall apply thereto.
33. Unless land is set apart demarcated for cultivation
within the limits of reserved forest no fresh patta shall be
given without consulting the 53[Chief Conservator of
Forests].
54[34. (1) Subject to the provisions of this section and
section 35 all toddy and sendhi trees standing for the time
being within the limits of the land legally occupied by a
pattadar, shikmidar or any other person in possession
50. Substituted for “Madadgar Nizam Janghat” (Assistant Conservator of
Forests) by the A.P.A.O. 1957.
51. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
52. Omitted by Act No.III of 1355 F.
53. Substituted for “Nizam Janghat” (Conservator of Forests) by the
A.P.A.O. 1957.
54. Substituted by Act No.IX of 1956.
Letting out for
cultivation
unoccupied land
containing
valuable trees
situate in taluqa
where forest
boundaries have
not been
demarcated.
Fresh patta within
reserved forest to
be given in
consultation with
Conservator of
Forests.
Proprietary rights
over toddy and
sendhi trees and
the right to plant
such trees.
16 [Act No.VIII of 1317 F.]
(hereinafter referred to in this section as owner) whether
grown by such person o r not, shall be deemed to be the
property of the owner. Such owner shall not however be
entitled to plant toddy and sendhi trees within the limits of
such land without obtaining the permission of the
Government.
(2) The owner shall not be entitled to tap the trees
referred to in su b-section ( 1) or get them tapped by any
person other than a person authorised by the Government.
An owner, who permits the trees to be tapped by a person
authorised by the Government, shall be entitled to charge
such person for each tr ee not more than 25 per cent of the
tree-tax payable for the tree to the Government in
accordance with the laws and the rules for the time being in
force.
(3) Nothing contained in this section shall be deemed
to exempt the juice of such trees from any excise duty that
may be leviable thereon under any law for the time being in
force.
(4) (i) An owner who is unwilling to get his trees
tapped, shall before the end of April every year, intimate his
unwillingness in writing, to the Excise Superintendent
concerned. In case of failure to give such intimation, he shall
not cut down his trees during a period of seventeen months
following the said month of April;
(ii) Any owner who cuts down his trees in
contravention of the provisions of clause (i) shall be liable
for each tree so cut to a penalty equal to double the amount
of abkari tree-tax in force at the time of contravention. Such
penalty may be imposed by the Collector or any other
officer empowered by the Government in this behalf.]
[Act No.VIII of 1317 F.] 17
55[35. Notwithstanding anything contained in sections 34
and 38 with effect from the date of the coming into force of
the Hyderabad Land Revenue (Amendment) Act, 1956
(XXXII of 1956), all the toddy, sendhi and gulmohwa tr ees
standing within the limits of any land that may be given on
patta on or after that date, shall belong to the Government
and the pattadar, Shikmidar or any other person in
possession shall not be entitled to plant such trees within
the limits of such la nds without obtaining the permission of
the Government.]
56[36. [XXX]]
37. Rules and orders relating to the 57[XXX] lopping of
sendhi and toddy trees which are now in force or may
hereafter be enforced by the 58[Government] by notification
shall apply to trees belonging to the 58[Government] only.
Lopping of trees belonging to Pattadar and use of
leaves, fruits a nd wood shall be exempted from such
restrictions and orders.
59[37-A. (1) The pattadar, tenant or other person, in actual
possession of land on which any toddy or sendhi tree
stands must report in writing or in case where he does not
know writing, orally to the Patel or Patwari of the village any
case of tapping of such trees as soon as possible after he
becomes aware of such tapping and on receipt of the
information by th e Patel or Patwari, as the case may be, he
must issue written acknowledgement thereof to the reporter,
and in case of illegal tapping he must report the same to the
Abkari authorities concerned.
55. Amendment by Act No.IX of 1956.
56. Omitted by Act No.XXXVII of 1950.
57. Omitted by Act No.III of 1343 F.
58. Substituted by Act No.III of 1308 F.
59. Substituted by Act No.XLIV of 1952.
Proprietary rights
of Government
over toddy,
sendhi and
gulmohwa trees.
Rules relating to
lopping of Sendhi
and toddy and
tapping trees to
apply to trees
belonging to
58[Government].
Duty of Pattadar
or tenant to report
illegal rapping of
toddy andExcerpt shown. Open the full act in Lexace.