LexThe Telangana Land Reforms (Ceiling on Agricultural Holdings) Act,1973.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA LAND REFORMS (CEILING ON AGRICULTURAL
HOLDINGS) ACT, 1973.
(ACT No.1 OF 1973.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Declaration as to giving effect to certain directive
principles.
3. Definitions.
4. Ceiling area.
4-A. Increase of ceiling area in certain cases.
5. Standard holding for different classes of lands
and computation.
6. Constitution of Tribunal.
7. Special provision in respect of certain transfers
etc., already made.
8. Declaration of holding.
9. Determination of ceiling area.
9-A. Re opening of cases by the Tribunal.
10. Surrender of land in certain cases.
11. Vesting of land surrendered.
12. Revision and vesting of land surrendered.
13. Special provision for protected tenants.
14. Disposal of land vested in Government.
15. Amount payable for lands vested in Government.
16. Claims for the amount payable.
17. Prohibition of alienation of holding.
2 [Act No. 1 of 1973]
18. Declaration of future acquisitions.
19. Declaration to be furnished before registering
officer.
20. Appeal.
21. Revision.
22. Power of authorities under this Act.
23. Exemptions.
24. Penalty.
25. Protection of action taken under this Act.
26. Bar of jurisdiction.
27. Power to make rules.
28. Act to override other laws.
29. Power to remove difficulties.
30. Repeals.
First Schedule.
Second Schedule.
THE TELANGANA LAND REFORMS (CEILING ON
AGRICULTURAL HOLDINGS) ACT, 1973.1
ACT No.1 OF 1973.
1. (1) This Act may be called the 2Telangana Land Reforms
(Ceiling on Agricultural Holdings) Act,1973.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the
Government may, by notification in the 2Telangana Gazette,
appoint.
2. It is hereby declared that this Act is for giving effect to
the policy of the State towards securing the principles
specified in clauses (b) and (c) of article 39 of the
Constitution of India.
3. In this Act, unless the context otherwise requires,-
(a) ‗Appellate Tribunal‘ means the Appellate Tribunal
constituted under section 20; and where no such Appellate
Tribunal is in existence, the District Collector concerned;
(b) ‗bank‘ means a banking company as defined in
section 5 of the Banking Regulation Act, 1949, and includes
the State Bank in India, constituted by the State Bank of
India Act, 1955, a subsidiary bank as defined in the State
1. The Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings)
Act, 1973 received the assent of the President on the 1 st January, 1973.
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 Reorganisation Act, 2014 (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.
Definitions.
Short title, extent
and
commencement.
Declaration as to
giving effect to
certain directive
principles.
Central Act 10 of 1949.
Central Act 23 of 1955.
2 [Act No. 1 of 1973]
Bank of India (Subsidiary Banks) Act, 1959, and a
corresponding new bank as defined in the Banking
Companies (Acquisition and Transfer of Undertaking) Act,
1970, and such other financial institution owned, controlled
or managed by a State Government or the Central
Government as may be notified in this behalf by the
Government;
(c) ‗ceiling area‘ means the extent of land 3[specified in
section 4 or section 4-A] to be the ceiling area;
(d) ‗double crop wet land‘ means any wet land
registered as double crop or compounded double crop wet
land in the land revenue accounts of the Government and
includes any wet land not so registered,-
(i) for which in accordance with any scheme of
localisation being adopted under any Government source of
irrigation, water is available in both the first and second crop
seasons during a fasli year including the lands covered b y
Schedule-B and Part II of Sch edule-C appended to the draft
rules for the irrigation of lands in the Godavari Western,
Eastern and C entral deltas published in the Rules
Supplement to Part -II Extraordi nary of the Andhra Pradesh
Gazette, dated the 16th July, 1962;
(ii) on which two crops per fasli year have or a
dufassal crop has been raised with the use of water from a
Government source of irrigation in any four fasli years within
a continuous period of six fasli years immediately before the
specified date;
(iii) which is capable of raising two crops per fasli
year with the use of water from a tube -well constructed by
the Government or any person:
3. Substituted by Act No.10 of 1977.
Central Act 38 of 1959.
Central Act 5 of 1970.
[Act No. 1 of 1973] 3
Provided that-
(a) any land entitled to the supply of water from a
Government source of irrigation and on which two irrigated
crops per fasli year have or a dufassal crop has, not been
raised with the use of water from such source, in any four
fasli years within a continuous period of six fasli year s
immediately before the specified date, for want of s upply of
water from such source;
(b) any land for which in accordance with any
scheme of localisation being adopted under any
Government source of irrigation, water is made available
during the second crop season solely in consideration of the
likelihood of the loss of the first crop on account of
submersion, salinity, tidal action or the like;
(c) any land to which water has been specifically
supplied on a temporary basis for raising a second crop by
diversion of water intended for eventual utilisation
elsewhere;
(d) any land irrigated by a Government source of
irrigation covered by proviso (ii i) to sub -section (1) of
section 5;
shall not be deemed to be double crop wet land;
(e) ‗dryland‘ means land registered as dry, manavari,
asmantari, baghat or garden land, or special rate dry land,
in the land revenue accounts of the Government or
assessed as such; and includes any other land, excluding
wet land;
(f) ‗family unit‘ means-
4 [Act No. 1 of 1973]
(i) in the case of an individual who has a spouse or
spouses, such individual, the spouse or spouses and their
minor sons and their unmarried minor daughters, if any;
(ii) in the case of an individual who has no spouse
such individual and his or her mi nor sons and unmarried
minor daughters;
(iii) in the case of an individual who is a divorced
husband and who has not remarried, such individual and his
minor sons and unmarried minor daughters, whether in his
custody or not; and
(iv) where an individual and his or her spouse are
both dead, their minor sons and unmarried minor
daughters.
Explanation.-Where a minor son is married, his wife and
their offspring, if any, shall also be deemed to be members
of the family unit of which the minor son is a member;
(g) ‗Government‘ means the State Government;
(h) ‗Government source of irrigation ‘ means a source of
irrigation registered in the land revenue accounts of the
Government as such, including a well constructed or
maintained by the Go vernment or any local authority ; but
does not include a spring channel, parrekalava, naddinala,
vagunala, kasam, Sona, bila, uppalwat bonda, doruvu,
bhurki, kole or cross-bunding;
(i) ‗holding‘ means the entire land held by a person,-
(i) as an owner;
(ii) as a limited owner;
[Act No. 1 of 1973] 5
(iii) as an usufructuary mortgagee;
(iv) as a tenant;
(v) who is in possession by virtue of a mortgage by
conditional sale or through part performance of a contract
for the sale of land or otherwise; or in one or more of such
capacities; and the expression ―to hold land‖ shall be
construed accordingly.
Explanation.-Where the same land is held by one
person in one capacity and by another person in any other
capacity, such land shall be included in the holding of both
such persons.
(j) ‗land‘ means land which is used or is capable of
being used for purposes of agriculture, or for purposes
ancillary thereto, including horticulture, forest land, pasture
land, waste land, plantation and tope; and includes land
deemed to be agricultural land under this Act;
Explanation I. -Where any land is held under ryotwari
settlement it shall, unless the contrary is proved, be deemed
to be land under this Act;
Explanation II. -‗land‘ shall not include the land
appurtenant to a building;
(k) ‗law‘ includes any enactment, Ordinance, regulation,
order, bye-law, rule, scheme, notification or other instrument
having the force of law;
(l) ‗notification‘ means a notification published in the
Telangana Gazette; and the expression "notify" shall be
construed accordingly;
6 [Act No. 1 of 1973]
(m) ‗notified date ‘ means the date notified under sub -
section (3) of section 1;
(n) ‗owner‘ includes a person by whom or in whose
favour a trust is created 4[xxx] 5[but does not include a
limited owner;] and
in the case of any land not held under ryotwari settlement, a
person who is or would be entitled to the grant of a ryotwari
patta or to the registration as an occupant in respect of such
land under any law for the time being in force providing for
the conversion of such land into ryotwari tenure and where
there is no such law any person holding such land
immediately before the specified date otherwise than in any
one of the capacities specified in items (ii) to (v) of clause
(i);
(o) ‗person‘ includes an individual, a family unit, a
trustee, a company, a firm, a society or an association of
individuals, whether incorporated or not;
(p) ‗prescribed‘ means prescribed by rules made by the
Government under this Act;
(q) ‗Revenue Divisional Officer ‘ means the Revenue
Divisional Officer within whose jurisdiction the land is
situated and includes any officer of the Revenue Department
not below the rank of a Deputy Collector empowered by the
Government to exercise the powers and p erform the
functions of the Revenue Divisional Officer under this Act;
(r) ‗specified date‘ means-
4. Omitted by Act No.10 of 1977.
5. Added by Act No.10 of 1977.
[Act No. 1 of 1973] 7
(i) in the case of a declaration required to be filed
under section 8, the notified date; and
(ii) in the case of a declaration required to be filed
under section 18, the date of acquisition, usufructuary
mortgage, lease, marriage, adoption or alteration in the
classification of the land referred to therein, as the case may
be;
(s) ‗standard holding‘ means the extent of land specified
in section 5 to be the standard holding;
(t) ‗tenant‘ means a person who cultivates by his own
labour or by that of any other member of his family or by
hired labour under his supervision and control, any land
belonging to another under a tenancy agreement, express
or implied; and includes a person who is de emed to be a
tenant under any tenancy law, for the time being in force;
(u) ‗Tribunal‘ means a Tribunal constituted under
section 6; and where no such Tribunal is in existence, the
Revenue Divisional Officer concerned;
(v) ‗wet land‘ means land registered as wet, single crop
wet, double crop wet, compounded double crop wet or
special rate wet land, in the land revenue accounts of the
Government or assessed as such; and includes any land
not registered as wet which has been-
(i) included in the ayacut of any Government source
of irrigation;
(ii) irrigated by water from any Government source of
irrigation in any four fasli years within a continuous period of
six fasli years immediately before the specified date; or
8 [Act No. 1 of 1973]
(iii) irrigated by a tube well constructed by the
Government or any person:
Provided that any land which has been registered as
wet land in the land revenue accounts of the Government
and on which no irrigated crop has been raised with the use
of water f rom a Government source of irrigation in any four
fasli years within a continuou s period of six fasli years
immediately before the specified date for want of supply of
water from such source shall not be deemed to be wet land.
4. (1) The ceiling area in the case of a family unit
consisting of not more than five members shall be an extent
of land equal to one standard holding.
(2) The ceiling area in the case of a family unit
consisting of more than five members shall be an extent of
land equal to one standard holding plus an additional extent
of one-fifth of one standard holding for every such member
in excess of five, so however that the ceiling area shall not
exceed two standard holdings.
(3) The ceiling area in the case of every individual who is
not a member of a family unit, and in the case of any other
person shall be an extent of land equal to one standard
holding.
Explanation.-ln the case of a family unit, the ceiling area
shall be applied to the aggregate of the lands held by all the
members of the family unit.
6[4-A. Notwithstanding anything in section 4, where an
individual or an individual who is a member of a family unit,
has one or more major sons and any such major son either
6. Section 4 -A, along with marginal heading i nserted by Act No.10 of
1977.
Increase of ceiling
area in certain
cases.
Ceiling area.
[Act No. 1 of 1973] 9
by himself or together with other members of the family unit
of which he is a member, holds no land or holds an extent of
land less than the ceiling area, then, the ceiling area, in the
case of the said individual or the family unit of which the
said individual is a member computed in accordance with
section 4, shall be increased in respect of each such major
son by an extent of land equal to the ceiling area applicable
to such major son or the family unit of which he is a
member, or a s the case may be, by the extent of land by
which the land held by such major son or the family unit of
which he is member falls short of the ceiling area.]
5. (1) For the purposes of this Act, land shall be classified
as set out in the First Schedule. The extent of land which
shall constitute a standard holding for the class of lands
specified in column (1) of the Table below shall be as
specified against it in column (2) thereof:
Provided that-
(i) in the case of any double crop wet land falling
under sub-clause (i) of clause (d) of section 3, covered by
Part II of Schedule -C appended to the draft rules referred to
in that sub -clause for the irrigation of lands in the Godavari
Western, Eastern and Central deltas, the extent of standard
holding shall be increased by twelve and a half per centum;
7[(ii) in the case of any double crop wet land irrigated
solely by a private tube well, the extent of standard holding
shall be increased by twenty -five per centum, so however,
that the said extent shall in no case exceed 7.28 hectares
(18 acres);]
(iii) in the case of any wet land irrigated by a
Government source of irrigation classified as Class V in the
7. Substituted by Act No.9 of 1974.
Standard holding
for different
classes of lands
and computation.
10 [Act No. 1 of 1973]
settlement or revenue accounts of the Government,
excluding a source fed by a project, river, nala or channel in
the Andhra area; and in the ca se of wet land irrigated by
similar source notified by the Government in this behalf in
the Telangana area, the extent of standard holding shall be
increased by sixteen and one-fourth per centum;
(iv) in the case of any dry land situated in any area
declared by the Government by notification to be a
droughtprone area, the extent of standard holding shall be
increased,-
(a) by twelve and a half per centum, in the case of
any dry land falling under Class G or Class H of the Table
below; and
(b) by twenty per centum, in the case of any dry
land falling under Class I, Class J or Class K of the said
Table;
(v) in the case of any land in the Telangana area
situated in any tract in respect of which the settlement
operations were conducted by an agency other than the
Government, if the land falls within Class A, Class B, Class
C, Class D, or Class E of the Table below the ceiling area
shall be computed as if the land fell within Class B, Class C,
Class D,Class E or Class F of the said Table respectively
and if the land falls within Class G, Class H, Class I or Class
J, the ceiling area shall be computed as if such land fell
within Class H, Class I, Class J or Class K respectively;
8[(vi) in the case of any lanka or padugai land, or any
land on which a coconut garden, a guava garden or a grape
garden is raised, the extent of standard holding shall in no
case exceed 10.93 hectares (27 acres).]
8. Substituted by Act No.9 of 1974.
[Act No. 1 of 1973] 11
TABLE
Class of land
(1)
Extent of Standard
Holding.
(2)
Wet Double crop wet land
(a)
Wet land other
than double crop
wet land.
(b)
Hectares Hectares
Class A .. 4.05 (10 acres) 6.07 (15 acres)
Class B .. 4.86 (12 acres) 7.28 (18 acres)
Class C .. 5.46 (13.5 acres) 8.09 (20 acres)
Class D .. 6.07 (15 acres) 9.11 (22.5 acres)
Class E .. 6.68 (16.5 acres) 10.12 (25 acres)
Class F .. 7.28 (18 acres) 10.93 (27 acres)
Dry Dry
Class G .. .. 14.16 (35 acres)
Class H .. .. 16.19 (40 acres)
Class I .. .. 18.21 (45 acres)
Class J .. .. 20.23 (50 acres)
Class K .. .. 21.85 (54 acres)
(2) In computing the holding of a person or family unit
consisting of lands of different classes, the relative
proportion of the extent of land of each such Class to the
extent of a standard holding of the appropriate Class shall
be taken into account in the manner prescribed and the
aggregate of all such proportions shall be deemed to be the
holding of the person or the family unit, in relation to the
ceiling area.
(3) In computing the hold ing of an individual who is not
a member of a family unit, but is a member of a joint family,
the share of such an individual in the lands held by the joint
family shall be taken into account and aggregated with the
lands, if any held by him separately and for this purpose,
12 [Act No. 1 of 1973]
such share shall be deemed to be the extent of land which
would be allotted to such individual had there been a
partition of the lands held by the joint family.
(4) In computing the holding of the member of a family
unit who is also a member of a joint family, the share of such
member in the lands held by the joint family shall be taken
into account and aggregated with the lands, if any, held by
him separately and for this purpose, such share shall be
deemed to be the extent of land whi ch would be allotted to
such member, had there been a partition of the lands held
by the joint family.
(5) Where an individual or a member of the family unit is
a member of a co -operative society, company or firm the
share of such individual or member of a family unit in the
land held by such co -operative society, company or firm
shall be also included in the holding of the individual or
member of the family unit, as the case may be, and for this
purpose the share of the land so held shall be deemed to be
the extent of the land which would have been allotted to him
on a winding up of the co -operative society or company or
dissolution of the firm.
(6) Lands owned or held under a private trust shall,-
(a) in a case where the trust is revocable by the
author of the trust, be deemed to be held by such auth or or
his successor-in-interest; and
(b) in other cases, be deemed to be held by the
beneficiaries of the trust in proportion to their respective
interests in such trust, or the income derived thereform.
[Act No. 1 of 1973] 13
Explanation.-Where a trust is partly private and partly
public, this sub-section shall apply only to lands covered by
that part of the assets of the trust which is relatable to the
private trust.
6. (1) The Government may, by notification, constitute as
many Tribunals as may be necessary for the purposes of
this Act, and shall specify in such notification, the jurisdiction
of each such Tribunal.
(2) Each Tribunal constituted under sub-section (1) shall
consist of not more than three members, of whom one shall
be a person who holds or has held a civil post under the
State, not below the rank of a Deputy Collector, or a person
who holds or has held or is qualified to hold the post of a
District Munsif; and suc h person shall be the Chairman of
the Tribunal.
(3) The Government may, from time to time, likewise
reconstitute any Tribunal consitituted under sub -section (1)
or may at any time abolish such Tribunal.
(4) The quorum to constitute a meeting of the Tri bunal
and the procedure to be followed by it shall be such as may
be prescribed.
(5) No act or proceeding of any such Tribunal shall be
deemed to be invalid by reason only of the existence of any
vacancy among its members or any defect in the
constitution or reconstitution thereof.
7. (1) Where on or after the 24th January, 1971 but before
the notified date, any person has transferred whether by
way of sale, gift, usufructuary mortgage, exchange,
settlement, surrender or in any other manner whatsoever,
any land held by him or created a trust of any land held by
him, then the burden of proving that such transfer or
Constitution of
Tribunal.
Special provision
in respect of
certain transfers
etc., already
made.
14 [Act No. 1 of 1973]
creation of trust has not been effected in anticipation of, and
with a view to avoiding or defeating the objects of any law
relating to a reduction in the ceiling on agricultur al holdings,
shall be on such person, and where he has not so,proved,
such transfer or creation of trust, shall be disregarded for
the purpose of the computation of the ceiling area of such
person.
(2) Notwithstanding anything in sub-section (1 ), any
alienation made by way of sale, lease for a period exceeding
six years, gift, exchange, usufructuary mortage or otherwise,
any partition effected or trust created of a holding or any
part thereof, or any such transaction effected in ex ecution of
a decree or order of a civil court or of any award or order of
any other authority, on or after the 2nd May, 1972 and
before the notified date, in contravention of the provisions of
9the Andhra Pradesh Agricultural Lands (Prohibition of
Alienation) Act, 1972 shall be null and void.
(3) Where at any time within a period of five years before
the notified date, any person has converted any agricultural
land held by him into a non -agricultural land, then the land
so converted shall be deeme d to be agricultural land on the
notified date for the purposes of this Act.
(4) Where on or after the 24th January, 1971 but before
the notified date,-
(a) any declaration of dissolution of marriage has
been made by a court on an application made on or after
the 24th January, 1971; or
(b) any other dissolution of marriage in accordance
with any law or custom has taken place, then the land held
by each spouse immediately before the date of such
9. Repealed under section 30 (2) of this Act.
Act 13 of 1972.
[Act No. 1 of 1973] 15
dissolution shall, for the purpose of this Act, be deem ed to
be land held on the notified date by the fam ily unit of which
they were members immediately before such dissolution.
(5) Where on or after the 24th January, 1971 but before
the notified date, any person has been given in adoption,
then the land hel d by such person immediately before the
date of such adoption shall, for the purposes of this Act, be
deemed to be held on the notified date by the family unit of
which he was a member immediately before such adoption.
(6) In every case referred to in su b-section (4) or sub -
section (5), the computation of the ceiling area shall first be
made in respect of the family unit referred to in the said sub -
section, and after the surrender of the land held in excess of
the ceiling area by such family unit, the rem aining land held
by such divorced spouse or adopted person, as the case
may be, shall be included in the holding of such divorced
spouse or adopted person, whether as an individual or as a
member of a family unit of which such spouse or person has
become a member.
(7) If any question arises,-
(a) whether any transfer or creation of a trust effected
on or after the 24th January, 1971 had been effected in
anticipation of, and with a view to avoiding or defeating the
objects of, any law relating to a redu ction in the c eiling on
agricultural holdings;
(b) whether any alienation made, partition effected or
trust created on or after the 2nd May, 1972 is null and void;
(c) whether any conversion of agricultural land into
non-agricultural land had taken place within a period of five
years before the notified date;
16 [Act No. 1 of 1973]
(d) whether any dissolution of a marriage had taken
place on or after the 24th January, 1971 either on an
application made on or after the said date, or in ac cordance
with any law or custom;
(e) whether any person had been given in adoption
on or after the 24th January, 1971;
such question shall be determined by the Tribunal, after
giving an opportunity of being heard to the affected parties,
and its decision thereon shall, subject to an a ppeal and a
revision under this Act, be final.
(8) If the Tribunal decides that any transfer or creation of
trust had been effected in anticipation of, and with a view to
avoiding or defeating the objects of, any law relating to a
reduction in the ceilin g on agricultural holdings or that any
alienation made or partition effected or trust created is null
and void and if as a result of such transfer, alienation or
creation of trust, the holding of the person or the family unit,
that remains on the notified date does not exceed the extent
of land that he or the family unit is liable to surrender then,
the Tribunal shall treat the entire holding thus left over as the
extent of land to be surrendered under the provisions of this
Act by the person or the family unit, as the case may be:
Provided that the balance of extent of land that remains
liable to be surrendered by the person or family unit shall,
subject to such rules as may be prescribed, be surrendered
by the alienee who is in possession of such holding by
virtue of any transaction effected in contravention of the
provisions of the Andhra Pradesh Agricultural Lands
(Prohibition of Alienation) Act, 1972.
8. (1) Every person, whose holding on the notified date
together with any land tran sferred by him on or of holding,
after the 24th January, 1971 whether by way of sale,gift
Declaration of
holding.
Act 13 of 1972.
[Act No. 1 of 1973] 17
usufructuary mortgage, exchange, settlement surrender or
in any other manner whatsoever, and any land in respect of
which a t rust has been created by him on or after the 24th
January, 1971, exceeds the specified limit, shall, within thirty
days from the notified date or within such extended period
as the Government may notify in this behalf, furnish a
declaration in respect of his holding together with such land,
to the Tribunal within whose jurisdiction the whole or a
major part of his holding is situate containing such
particulars including those relating to lands held by him in
any part of India outside the State, and in such form as may
be prescribed.
Explanation I. - Where the land is held or is deemed to
be held by a minor, lunatic, an idiot or other person subject
to like disability, not being a member of the family unit, the
declaration shall be furnished by the guardian, manager or
other person in charge of the property of such person ; and
where the land is held or is deemed to be held by a
company, firm, association or other corporate body, the
declaration shall be furnished by any person competent to
act for such company, firm, association or corporate body in
this behalf.
Explanation II.- Where the land is held or is deemed to
be held by a family unit, the declaration shall be furnished
by a person in management of the property of such family
unit and the declaration so furnished shall be binding on all
the members of the family unit:
Provided that the Tribunal shall, in the event of a dispute
as to the declaration furnished by the person in
management, give to the other members of the family unit
an opportunity of making their representation or of adducing
evidence, if any, in respect of such declaration and shall
consider such representations and evidence before
determining the ceiling area under this Act.
18 [Act No. 1 of 1973]
Explanation III. - In this sub -section, specified limit
means,-
(a) in the case of wet land-4.05 hectares (10 acres);
(b) in case of dry land -10.12 hectares (25 acres); and
for the purpose of computing the specified limit in a case
where the holding of any person includes both wet land and
dry land, one hectare of wet land shall be deemed to be
equal to two and half hectares of dry land.
(2) Without prejudice to the provisions of sub -section
(1), the Tribunal shall have power to issue notice requiring
any person holding land or residing within its jurisdiction
who, it has reason to believe, holds or is deemed to hold
land in excess of the ceiling area to furnish a declaration of
his holding, or that of his f amily unit, under sub -section (1),
within such period as may be specified in the notice not
being less than fifteen days from the date of its
communication, and such person shall furnish the
declaration accordingly.
(3) If any person who is liable to furnish a declaration
under sub-section (1) or sub -section (2) fails to furnish the
declaration within the specified time, the Tribunal may
obtain the necessary information in such manner as may be
prescribed.
9. The Tribunal shall on receipt of the declaration furnished
or information obtained under section 8, publish the same,
and make an enquiry, in such manner as may be
prescribed, and pass orders determining whether the
person holds or is deemed to hold on the notified date an
extent of land in excess of the ceiling area and if so, the
extent of land so held in excess as on that date.
Determination of
ceiling area.
[Act No. 1 of 1973] 19
Explanation.-Save as otherwise provided in this Act, in
the case of a family unit, the number of members of the
family unit shall be reckoned with reference to the notified
date.
10[9A. (1) Notwithstanding any thing repugnant to the
provisions of this Act, in respect of cases where, it is found
that orders were passed due to any fraud or
misrepresentation or suppression of facts, and where no
subsequent orders were passed in appeal or revi sion, on
the same, t he Tribunal may, either suo motu or on
application or direction of the Collector, Chief Commissioner
of land Administration or Government, re -open such cases
and pass orders, afresh a s if no decleration has been fi led
under section 8 of the Act:
Provided that, in respect of cases where, it is found that
orders were passed due to any fraud or misrepresentation
or suppression of facts and where subsequent orders were
passed in appeal or revision, confirming such orders t he
Tribunal may, either suo motu or on application or direction
of the Collector, Chief Commissioner of Land Administration
or Government, review such cases and pass orders for filing
of review petition against the orders in appeal or as the case
may be the orders of revis ion, in the court or the authority,
which passed such orders:
Provided further, that no order shall be passed without
giving an opportunity of being heard to the parties
interested.
(2) The provisions of the Limitation Act, 1963 shall not
apply to initiation of action under sub-section (1).]
10. Section 9 -A along with marginal heading i nserted by Act No.17 of
2012.
Re-opening of
cases by the
Tribunal.
Central Act 36 of 1963.
20 [Act No. 1 of 1973]
10. (1) If the extent of the holding of a person is in excess of
the ceiling area, the person shall be liable to surrender the
land held in excess.
(2) The Tribunal shall serve on every person. who is
liable to surrender the land held in excess of the c eiling area
under sub-section (1), a notice specifying therein the extent
of land which such person has to surrerder and requiring
him to file a statement within such period not being less
than fifteen days, as it may fix, indicating therein, full
particulars of the lands which such person proposes to
surrender.
(3) If the person on whom a notice is served under sub -
section (2), files the statement referred to in that sub-section
wthin the period fixed therefor, and the Tribunal is satisfied,
after making such inquiry as it deems fit, that the proposed
surrender of the land is in accordance with the provisions of
this Act, it shall pass an order a pproving the surrender and
the said land shall thereupon be deemed to have been
surrendered by such person.
(4) If the person on whom a notice is served under sub -
section (2) does not file the statement referred to in that sub-
section within the period f ixed there for or files such
statement within the period fixed but does not specify
therein the entire extent of land which such person has to
surrender the Tribunal may, after giving an opportunity to
the person concerned of being heard, itself select, in the
former case the entire extent, and in the latter case, the
balance of the extent which such person has to surrender,
and pass in order to that effect, and thereupon the said land
or balance of land, as the case may be shall be deemed to
have been surrendered by such person.
Surrender of land
in certain cases.
[Act No. 1 of 1973] 21
(5) (a) Notwithstanding anything in this section, it shall
be open to the Tribunal to refuse to accept the surrender of
any land-
(i) which has been converted into non -agricultural
land and has been rendered incapable of being used for
purposes of agriculture;
(ii) the surrender of which is not acceptable on
account of a dispute as to the title to the land or an
encumbrance on the land or on account of the land being in
the possession of any person mentioned in 11[xxx] item (v)
of clause (i) of section 3 or on account of the land proposed
to be surrendered becoming inaccessible by reason of its,
severance from the remaining part of the holding; and
the Tribunal shall, in every such case, serve a notice on the
person concerned requiring him to surrender any other land
in lieu thereof; and thereupon the provisions of sub -sections
(3) and (4) shall, mutatis mutandis apply to such surrender:
Provided that where land proposed to be
surrendered under this section is burdened wit h a
mortgage, the Tribunal may, on an application made by the
mortgager with the consent of the mortgagee, by order,
transfer such mortgage from the land so proposed to be
surrendered to the residuary holding of the mortgager or to
any part thereof.
(b) Where the land so surrendered under clause (a) is
also not acceptable to the Tribunal, the Tribunal shall, after
giving an opportuntty to the person concerned of being
heard, select any other land in lieu thereof, and thereupon,
the said land shall be dee med to have been surrendered by
such person.
11. Omitted by Act No.10 of 1977.
22 [Act No. 1 of 1973]
(6) Before passing an order under sub -section (3), sub -
section (4) or sub -section (5), the Tribunal shall publish the
particulars of land proposed to be surr endered or selected,
in such man ner as may be prescribed and consider the
objections, if any, received in pursuance of such
publication.
Explanation I. - In the case of a surrender of land of a
family unit,-
(a) where the extent to be surrendered by each
member is agreed upon by or on behalf of al l the members
of the family unit, the extent surrendered by each such
member shall be in accordance with such agreement, so
however, that the extent surrendered by any female member
of the family unit shall not exceed the extent which she
would be liable t o surrender in proportion to the total land
held by her to the lands held by all the members of the
family unit:
12[Provided that the Tribunal may, on an application
made by any female member, permit the surrender of land
by her in excess of such proportionate extent in case an
extent equivalent to such excess in terms of standard
holding is transferred to her by any male member of the
family unit;]
(b) where there is no such agreement, the extent
surrendered shall be in proportion to the lands held by each
member of the family unit;
(c) where any land is held in the name of any female
member of the family unit, it shall be presumed, unless the
contrary is proved, that such famale member is the owner of
such land.
12. Inserted by Act No.10 of 1977.
[Act No. 1 of 1973] 23
Explanation II. - Where any person surrenders any land
being the whole or part of his share of the land held by. a
co-operative society, company or firm, the share of such
person in such co-operative society, company or firm, as the
case may be, shall, to the extent required for such
surrender, be deemed to have been correspondingly
reduced.
Explanation III.- Where any person required to surrender
any land under this Act is a member of a co -operative
society, company or firm, he may be required to surrender
the land, if any, held by him separately and may then be
required to surrender from his share of the land held by the
Co-operative society, company or firm only to make up the
deficiency.
Explanation IV. - Where it is proposed to accept the
surrender by any person of his share of the lands held by a
joint family, co -operative society, company or firm of which
he is a member, the lands so surrendered shall be selected
in accorda nce with any agreement that may be arrived at
between such person and the other members of such joint
family, co -operative society, company or firm, and where
there is no such agreement, the share of such person in the
lands so held shall, as far as practicable, be determined
prorata with reference to each class of land held by such
joint family, co-operative society, company or firm.
Explanation V.- In the case of lands covered by proviso
(c) to clause (d) of section 3, the Government may, as soon
as may be, notify the area in which lands are proposed to
be localised as double crop wet lands and any person
whose holding falls within such notified area shall be
required to surrender, in the first instance only such extent
of land as he would be liable to surrender treating it as
single crop wet land, and on the localisation of such land as
double crop wet he shall, be required to surrender the
24 [Act No. 1 of 1973]
balance e xtent which he is liable to surrender; and the
provisions of section 17 shall continue to apply until the
surrender of such balance extent.
Explanation VI .- Where the holding of any person
comprises any land falling under sub -clause (i) of clause (v)
of section 3, which has , not been supplied with water from
the Government source of irrigation upto the specified date,
and the ceiling area in respect of such holding has been
determined on the basis that such land is a wet land, s uch
person shall be require d to , surrender in the first instance
only such extent of land as he would have been liable to
surrender had such land been treated as dry land, and on
the supply of water to such land, he shall be required to
surrender the balance extent which he is liabl e to surrender
and the provisions of section 17 shall continue to apply until
the surrender of such balance extent.
11. Where any land is surrendered or is deemed to have
been surrendered under this Act by an owner, the Revenue
Divisonal Officer may, subject to such rules as may be
prescribed, by order take possession or authorise any
officer to take possession of such land which shall
thereupon vest in the Government free from all
encumbrances from the date of such order:
Provided that any claim or liability enforceable against
that land immediately before the date of vesting in the
Government may be enforced only-
(i) against the amount payable under this A ct in respect
of such land; and
(ii) against any other property of the owner; to the same
extent to which such claim or liability was enforceable
against that land or other property, as the case may be,
immediately before the date of vesting.
Vesting of land
surrendered.
[Act No. 1 of 1973] 25
Explanation.-Nothing in this section shall affect the
provisions of any law, custom, usage or agreement relating
to right of easements available for any land vesting in the
Government under this section over any other land.
12. (1) Where any land is surrendered or is deemed to have
been surrendered under this Act by any usufructuary
mortgagee or tenant, the possession of such land shall
subject to such rules as may be prescribed revert to the
owner.
(2) The owner to whom the possession of the land
reverts under sub -section (1 ) from an usufructuary
mortgagee shall be liable to pay the mortgage money due
to the usufructuary mortgagee in respect of that land with
interest at the rate of six per cent per annum from the date
of such reversion, and the said land shall continue to be the
security for such payment.
(3) The owner to whom the possession of the land
reverts under sub -section (1) from a tenant shall be entitled
to receive from the tenant rent due for the period ending
with the last crop harvested by such tenant.
(4) Where any land is surrendered or is deemed to have
been surrendered under this Act 13[xxx] by any person in
possession by virtue of mortgage by conditional sale or
through a part performance of contract for sale or otherwise
the possession of such land shall, subject to such rules as
may be prescribed, revert to the owner.
(5) The owner to whom the possession of the land
reverts under sub-section (4) shall be liable to discharge the
claim enforceable against the land by 13[xxx] person in
13. Omitted by Act No.10 of 1977.
Revision and
vesting of land
surrendered.
26 [Act No. 1 of 1973]
possession; and the land surrendered shall, if held as a
security, continue to be the security.
14[(5-A) Where any land is surrended or is deemed to
have been surrended under this Act by any limited owner,
the possession of such land shall, subject to such rules as
may be prescribed, revert to the person having a vested
interest in the remainder and such person shall be liable to
discharge the claim enforceable against the land by the
limited owner; and the said land shall, if held as a securi ty,
continue to be the security.]
(6) Notwithstanding anything contained in this section,
where any land surrendered by an usufructuary mortgagee
or a tenant 15[xxx] or a person in possession referred to in
sub-section (4), is also a land surrendered by the o wner, the
provisions of section 11 shall apply.
13. (1) Where the holding of any owner includes any land
held by a protected tenant, the Tribunal shall in the first
instance, determine whether such land or part thereof
stands transferred to the pr otected tenant under section
38-E of the 16[Telangana Tenancy and Agricultural Lands
Act, 1950], and if so, the extent of land so transferred; and
such extent of land shall thereupon be excluded from the
holding of such owner and included in the holding of such
tenant, as if the tenant was the oExcerpt shown. Open the full act in Lexace.