The Telangana Occupants of Homesteads (Conferment of Ownership) Act, 1976.

THE TELANGANA OCCUPANTS OF HOMESTEADS 
(CONFERMENT OF OWNERSHIP) ACT, 1976. 
(ACT NO. 21 OF 1976.) 
ARRANGEMENT OF SECTIONS 
Sections 
1. Short title, extent, commencement and 
application. 
2. Declaration as to giving effect to certain directive 
principles. 
3. Definitions. 
4. Bar to eviction of an occupant of homestead for 
dwelling house or homestead. 
5. Occupant of homestead to become owner. 
6. Issue of certificate of ownership of homestead. 
7. Disputes to be decided by the authorised officer. 
8. Appeal. 
9. Revision. 
10. Powers of authorised officer to call for information, 
summoning of witnesses etc. 
11. Bar of jurisdiction of Civil Courts. 
12. Authorised officer etc., to be public servants. 
13. Protection of action taken in good faith. 
14. Act to over-ride other laws. 
15. Power to make rules. 
16. Exemptions. 
17. Repeal of Ordinance. 
 
THE TELANGANA OCCUPANTS OF HOMESTEADS 
(CONFERMENT OF OWNERSHIP) ACT, 1976.1 
 
ACT No. 21 of 1976. 
 
1. (1) This Act may be called the 2Telangana Occupants 
of Homesteads (Conferment of Ownership) Act, 1976. 
 
 (2) It extends to the whole of the State of 2Telangana. 
 
 (3) It shall be deemed to have come into force on the 
14th August 1975. 
 
 (4) It shall apply to all local are as of the S tate, other 
than those comprised within the jurisdiction of the Municipal 
Corporation of Hyderabad and of any Municipality 
constituted under the 3Telangana Municipalities Act, 1965. 
 
2. It is hereby declared that t his Act is for giving effect to 
the policy  of the State towards securing the pri nciples 
specified in  clauses (b) and (c)  of art icle 39 of the 
Constitution of India. 
 
3. In this Act, unless the context otherwise requires,- 
 
 (1) „agricultural labourer‟ means a person whose 
principal means of livelihood is the income derived from the 
wages for his manual labour on agricultural land; 
 
                                                           
1.The Andhra Pradesh Occupants of Homesteads ( Conferment of 
Ownership) Act, 1976 received the assent of the President on 
09.03.1976. 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 A daptation 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. 
3. Adapted by G.O.Ms.No.142, MA & UD (F2) Department, 29.10.2015. 
Short title, extent, 
commencement 
and application. 
Declaration as to 
giving effect to 
certain directive 
principles. 
 
Definitions. 
Act No. 6 of 1965. 
2  [Act No. 21 of 1976] 
 (2) „agricultural land ‟ means any land used for any of 
the following purposes namely:- 
 
  (a) horticulture; 
 
  (b) the raising of crops, grass or garden produce; 
 
  (c) grazing; 
 
  (d) the raising of manure crop; 
 
  (e) dairy farming; 
 
  (f) poultry farming; 
 
  (g) live-stock breeding; 
 
  (h) growing of trees; and 
 
  (i) includes any land used for any pur pose 
subservient to the above purpose s any forest land, pasture 
land, plantation, orchard and tope ; but do es not include 
house-site or land used exclusively for non-agricultural 
purposes; 
 
 (3) „agriculturist‟ means a person who cultivates 
agricultural land by the contribution of his  own manual 
labour or of the manual labour of any member of his family; 
 
 Explanation.- For the purposes of this clause, the term 
"family" shall co nsist of the  agriculturist, his wife and 
dependent parents and children; 
 
 (4) „artisan‟ includes a village carpenter, blacksmith, 
barber, washerman, potter and other persons engaged in 
such other callings  or employment as may be specified by 
the Government in this behalf; 
[Act No. 21 of 1976]  3 
 (5) „authorised officer‟  means any Tahsildar specially 
authorised by the Government by notification to exercise the 
powers conferred on and perform the functions entrusted to, 
the authorised officer by or under this Act, for such areas as 
may be specified in the notification; 
 
 (6) „date of commencement of this Act‟  means the date 
specified in sub-section (3) of section 1; 
 
 (7) „dwelling house‟ includes a hut; 
 
 (8) „Government‟ means the State Government; 
 
 (9) „homestead‟ means the site of any dwelling house 
occupied, either as licensee or otherwise, by any landless 
agriculturist or agricultural labourer or artisan in any village 
and includes such other area adjacent to the dwelling house 
as may be necess ary for the convenient en joyment of such 
dwelling house; 
 
 (10) „landless agriculturist‟ means an agriculturist, who 
does not hold any agricultural land as owner, or who owns 
an extent of agricultural land which does not exceed one 
hectare if it is a wet land, and two hectares if it is a dry land; 
 
 (11) „land-owner‟ means an own er of the homestead 
and includes a lessor licensor in relation to any homestead, 
trustee, usufructuary mortgagee and any other i ntermediary 
who has an interest in the homestead; 
 
 (12) „notification‟ means a notification published in the 
Telangana Gazette; and the word „ notified‟ shall be 
construed accordingly; 
 
 (13) „occupant of homestead‟  means any landless 
agriculturist or agricultural labourer or artisan for the time 
being in occupation of the dwelling house built at his,  
4  [Act No. 21 of 1976] 
expenses or at the expense of his predecessor in title  on a 
homestead belonging to a land owner ; 
 
 Explanation.- It shall be presumed until the contrary is 
proved that the dwelling house has been built by the 
occupant thereof, at his expense; 
 
 (14) „prescribed‟ means prescribed by rules made by 
the Government under this Act; 
 
 (15) „village‟ means any local area which is recognised 
as village in the revenue accounts of the Government. 
 
4. (1) If in any village, an occupant of homestead is in 
occupation of a dw elling house on the dat e of commence - 
ment of this Act, the said occupant of homestead shall not 
be evicted from such dwelling house or homestead unless, 
the lan d-owner proves that the homestead belong to him 
and that the dwelling house thereon was built at his expense 
and the person occupying the dwelling house is only a 
tenant and not an occupant of homestead. 
 
 (2) The provisions of sub -section (1) shall not apply to a 
dwelling house which is situated on any agricultural  land 
from which a tenant of such agricultural land has been 
evicted consequent upon the lawful resumption of the land 
by the land -owner in accorda nce with any law for the t ime 
being in force in that behalf. 
 
 (3) If an occupant of homestead who was in 
occupation of a dwelling house on or after the 6th O ctober, 
1971, has been evicted before t he commencement of this 
Act, the authorised officer shall, on an app lication made by 
the said occupant of the homestead, within six months from 
the date of such commenc ement or may, suo motu at any 
time, after making such inquiry as may  be prescribed, 
restore the possession of the homestead and dwelling 
Bar to eviction of 
an occupant of 
homestead for 
dwelling house or 
homestead. 
[Act No. 21 of 1976]  5 
house to the said occupant of homestead and on such 
restoration, the provisions of this Ac t shall apply as if he 
were i n o ccupation of the s aid homestea d and dwelling 
house on the date of commencement of this Act. 
 
 Explanation.- For the purposes of this section „ tenant‟ 
means any person who has paid or has agreed to pay rent 
or other consideration for his being allowed by  another to 
enjoy the land of the latter under a tenancy agreement 
express or implied, and includes his heirs and legal 
representatives. 
 
5. (1) Subject to the other provisions of this Act, an 
occupant of homestead in occupation of a dwelling house 
on the date of commencement of this Act, or an occupant of 
homestead who is restored to possession of the homestead 
and dwelling house under sub-section (3) of section 4 shall, 
with effect on and from the said d ate of commencement, be 
the owner of such homestead and dwelling house: 
 
 Provided that the extent of homestead wh ich the 
occupant of homestead is entitled to become an owner 
under this sub -section shall not exceed 0.056 h ectares  
(5 cents). 
 
 (2) The right of ownership conferred on an occupant of 
homestead under sub -section (1) sh all be heritable but not 
alienable. 
 
6. (1) As soon as may be, after the commencement of this 
Act, the authorised officer may either suo motu or shall on 
an application made by an o ccupant of homestead, after 
making such enquiry as may be presc ribed, determine the 
total extent of homestead in his occupation on the date of 
commencement of this Act, t he extent of homest ead in 
respect of which he is ent itled to become owner u nder sub-
section(1) of section 5 , and the price payab le therefor, and 
Occupant of 
homestead to 
become owner. 
Issue of certificate 
of ownership of 
homestead. 
6  [Act No. 21 of 1976] 
the amount of e ach installment of the p rice and the time 
within which it is payable. 
 
 (2) The price determined under sub-section (1) shall in 
no case ex ceed an amount which is equal  to fifty times the 
land revenue payabl e in respect of the homestead a nd it 
shall be paid by the occupa nt of home stead at his option 
either in one lumpsum or in fifteen equal annual 
installments. 
 
 Explanation.- For the purposes of this section “ land 
revenue” means the land revenue as defined in clause (f)  of 
section 2 of the 4Telangana Land R evenue (Enhancement) 
Act, 1967 or as the case may be, as deter mined under that 
Act, together wit h the additional land revenue payable 
thereunder: 
 
 Provided that in the case of any land in respect of 
which no land revenue is payable, the land reve nue in 
respect of such land shall be the same as the land revenue 
payable for similar land in the vicinity. 
 
 (3) (a) The authorised officer shall, after satisfying 
himself that the  entire price  in one lumpsum or the first 
installment thereof as determined by him under sub-section 
(1), has been deposited with the Government  in such 
manner as may be prescribed, issue a certificate of 
ownership to the occupant of homestead concerned in such 
form and containing such p articulars as may be prescribed; 
and on the issue of such certifi cate the homestead and the 
dwelling house shall vest  in him absolutely free from all 
encumbrances with effect from the d ate of commencement 
of this Act; 
 
                                                           
4. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
Act 8 of 1967. 
[Act No. 21 of 1976]  7 
  (b) The certificate issued under clause (a) shall be 
conclusive evidence of the ownership in the land spe cified 
in the said certificate ha ving been vest ed in the said 
occupant as ag ainst the land -owner, and all other persons 
claiming under him or having any interest therein; 
 
  (c) The price deposited by the occupant of 
homestead with the Government under clause (a) shall be 
paid to the land owner in such  manner as may be 
prescribed. 
 
 (4) Where a certificate of ownership has been issued 
under sub -section (3) on the deposit by the  occupant of 
homestead with the Government of only the first instal lment 
of the price, the homestead shall b e deemed to be th e 
security for the payment of the remaining installments. 
 
 (5) If the occupant of the homestead to whom a 
certificate of ownership has been issued under sub -section 
(3) fails to deposit any installment of the price within the time 
specified in the said cer tificate, the insta llment whi ch has 
become due shall, on an applic ation made in th is regard by 
that land owner to the authorised officer, be recovered from 
the occupant of the homestead as an arrear of land 
revenue. 
 
7. If any dispute arises between the land owner and an 
occupant of homestead regarding any matter governed by 
the provisions of this Act including any dispute as to 
whether or not any landless agriculturists or agricult ural 
labourer or  artisan, was oc cupying any dwelling house on 
the date of commencement of this Act, such  dispute shall 
be decided by the  authorised officer, after following such 
procedure as may be prescribed. 
 
8. Any person aggrieved by any order or decision of the 
authorised officer under this Act may appeal to th e Revenue 
Disputes to be 
decided by the 
authorised officer. 
Appeal. 
8  [Act No. 21 of 1976] 
Divisional Officer within such period as may be prescribed 
and the Revenue Divisional Officer  shall decide the appeal 
after following such procedure as may be prescribed. 
 
9. The Di strict Collector may either suo motu or on an 
application call for and exam ine the records of any officer 
subordinate to him in respect of any decision, order or other 
proceedings made under this Act to satisfy himself as to the 
correctness, legality  or propriety of any s uch dec ision or 
order or as to the regularity of such proceedings, and if, in 
any case it appear s to the District  Collector that such 
decision, order o r proceedings should be modified, 
annulled, reve rsed or remitted for reconsideratio n, he may 
pass orders accordingly: 
 
 Provided that the District Collector shall  not pass any 
order adversely affecting any p arty unless such party has 
been given an opportunity of making his representation. 
 
10. (1) The a uthorised officer may, for the  purpose of 
carrying out the provisions of this Act, by  order, require any 
person to furnish such information in his possession relating 
to any dwelling house or homestead. 
 
 (2) The authorised officer shall, while holding an inquiry 
under this Act, have all the powers of a Civil Co urt, while 
trying a suit under the Code of Civil Procedure, 1908, in 
respect of the following matters, namely; 
 
  (a) summoning and enforcing the attendant of any  
person and examining him on oath; 
 
  (b) requiring the discovery and production of any 
document; 
 
  (c) reception of evidence on affidavits; 
 
Revision. 
Powers of 
authorised officer 
to call for 
information, 
summoning of 
witnesses etc. 
Central Act 5 of 1908 
[Act No. 21 of 1976]  9 
  (d) requisitioning any public record from any court or 
office; 
 
  (e) issuing commission for examination of witnesses. 
 
11. No civil court shall have jurisdiction in respect of any 
matter which the Government ar e, or the authorised officer 
is empowered by or under this Act, to determine and no 
order of eviction shall be passed and  no injunction shall be 
granted by any C ourt or other authority in respect of any 
action taken or to be taken in pursuance of any power 
conferred by or under this Act. 
 
12. The authorised officer and any person empowered b y 
him under this Act shall be  deemed to be public s ervants 
within the meaning of section 21 of the Indian Penal Code. 
 
 
13. (1) No suit, prosecution or other legal proceeding shall 
lie a gainst an y person for anyt hing which is in good fa ith, 
done or intended  to be done in pursuance of this Act or of 
any rule or order made thereunder. 
 
 (2) No suit or other legal proceeding shall lie against 
the Government or the authorised officer or any authority or 
officer subordinate to the Government or the authorised 
officer for any  damage caused  or likely to be caused by 
anything which is, in good faith, done or intended to be 
done in pursuance of this Act  or of any rule or or der made 
thereunder. 
 
14. The provisions o f this Act and rules made thereunder 
shall have effect notwithstanding anything inconsistent  
therewith contained in any other law for the ti me being in 
force or any custom, usage or contract or decree or order of 
a Court or other authority. 
 
Bar of jurisdiction 
of Civil Courts. 
Authorised officer 
etc., to be public 
servants. 
Central Act 45 of 1860 
 
 
Protection of 
action taken in 
good faith. 
Act to over-ride 
other laws. 
10  [Act No. 21 of 1976] 
15. (1) The Government may, by notification, make rules 
for carrying out all or any of the purposes of this Act. 
 
 (2) In particular and without prejudice to the generality 
of the foregoing power, such rules may provide for or 
regulate- 
 
  (a) all matters expressly required or allowed by this 
Act to be prescribed; 
 
  (b) the fees payable in respect o f any application or 
statement under this Act; 
 
  (c) the manner of service of notice and orders under 
this Act. 
 
 (3) Every rule made under this section shall, 
immediately after it  is made, be laid before each House of 
the State Legisl ature, if  it is in session and if it is not  in 
session in the session immediately following, for  a total 
period of fourteen days, w hich may be comprised in one 
session or in two successive sessions, and if, before the 
expiration of the session in  which it is so laid o r the session 
immediately following, both Houses  agree in making any 
modification in the rule or in the annulment of the  rule, the 
rule shall, from the date on which the modification or 
annulment is notified, have effect only in such modified form 
or stand annulled, as the case may be; so however that any 
such modification or annulment shall be without prejudice to 
the validity of anything previously done under that rule. 
 
16. Nothing in this Act shall apply to the following lands, 
namely:- 
 
 (a) lands held by the State or the Central Government 
or any local authority; 
 
Power to make 
rules. 
Exemptions. 
[Act No. 21 of 1976]  11 
 (b) lands held by religious, charitable, medical or 
educational institutions, including a wakf; 
 
 (c) lands held by a n undertaking owned, controlled or 
managed by:- 
 
  (i) a Government Company as defined 5in section 617 
of the Companies Act, 1956; 
 
  (ii) a Corporation established by or under a Central, 
Provincial or State Act, which is controlled or managed by 
the State Government or the Central Government; 
 
 (d) such other land s or classes of  lands as may be 
notified by the Government, from time to time, in this behalf. 
 
17. The Andhra Pradesh Occupants of Homesteads 
(Conferment of Own ership) Ordinance, 1975, is hereby 
repealed. 
 
* * * 
                                                           
5. See now the relevant provisions of the Companies Act, 2013 (Central 
Act 18 of 2013). 
Central Act 1 of 1956 
Repeal of 
Ordinance 3 of 
1975 

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