ANDHRA PRADESH ASSIGNED LANDS (PROHIBITION OF TRANSFERS) (AMENDMENT) ACT, 2007

ANDHRA PRADESH ASSIGNED LANDS (PROHIBITION OF TRANSFERS) (AMENDMENT) ACT, 2007

Preamble - THE ANDHRA PRADESH ASSIGNED LANDS (PROHIBITION OF TRANSFERS) (AMENDMENT) ACT, 2007

THE ANDHRA PRADESH ASSIGNED LANDS (PROHIBITION OF TRANSFERS) (AMENDMENT) ACT, 2007

[Act No. 08 of 2007]

[29th JANUARY, 2007]

PREAMBLE

An Act Further To Amend The Andhra Pradesh Assigned Lands (Prohibition Of Transfers) Act, 1977.

Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fifty-seventh Year of the Republic of India as follows:-

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2007.

(2)     It extends to the whole of the State of Andhra Pradesh.

(3)     Section 2 shall be deemed to have come into force with effect on and from 21st, January, 1977 and the remaining provisions shall come into force from the date as the Government may, by notification, appoint.

Section 2 - Amendment of section 4

In the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977(Act 9 of 1977), (hereinafter referred to as the principal Act), in section 4, in sub-section (1), for clause (b) and clause (c), the following shall be substituted, namely:-

"(b) restore the assigned land, other than those lands/areas as may be notified by the Government from time to time in public interest and for public purpose,-

(i)       to the original assignee if he or she is eligible as per the norms fixed in this behalf, as on the date of restoration for one time; or

(ii)      assign to other eligible landless poor person: Provided that where the original assignee or his legal heir, after the first restoration transfers the assigned land, the land shall be resumed for assignment to the other eligible landless poor:

Provided further that if no eligible landless poor persons are available in the village/area, the resumed land will be utilized for public purpose.

Explanation:-For the purpose of this clause, "Public Interest" and "Public Purpose" shall mean and include, the Weaker Section Housing, Public Utility, Infrastructure development, Promotion of Industries and Tourism or for any other public purpose;

(c)   in the areas which may be notified by Government from time to time, lands resumed under clause 4(a) above, shall be utilized for public purpose".

Section 3 - Substitution of section 5

For section 5 of the principal Act, the following shall be substituted, namely:-

"5. Prohibition of Registration of Assigned lands.

(1)     The District Collector or any other Officer, not below the rank of a Mandal Revenue Officer authorized by him in this behalf, shall within 45 (forty five) days from the date of commencement of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2007 furnish to the Registering Officer having jurisdiction over the area a list of lands assigned to the landless poor persons with all particulars of assignment and further furnish such particulars of new assignment forthwith.

(2)     Notwithstanding anything in the Registration Act, 1908, no Registering Officer shall accept for registration of any document relating to the transfer of or creation of any interest in any assigned lands as furnished in the list under sub-section (1).".

Section 4 - Amendment of section 7

In section 7 of the principal Act,-

(a)      (i) to sub-section (1), the following proviso shall be added, namely:-

"Provided that any person who has voluntarily disclosed and surrendered the assigned land in his possession or discloses and surrenders the assigned land in his possession within 90 days from the commencement of Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2007 shall be exempted from Prosecution".

(ii) after sub-section (2), the following shall be inserted namely:-

"(2A) Any Officer, violating the provisions under subsections (1) and (2) of section 5 shall be punished with simple imprisonment which may extend to six months or with fine which may extend to ten thousand rupees or with both.".

Section 5 - Repeal of Ordinance 10 of 2006

The Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Ordinance, 2006 is hereby repealed.