THE A.P. ASSIGNED LANDS (PROHIBITION OF TRANSFER) ACT. 1977 (Act 9 of 1977) Act 9 of 1977 is a protective legislation which came into force on 21-1-1977. The Act prohibits transfer of lands assigned to land-less poor persons for the purpose of cultivation or as house-sites and provides for restoration of such transfered lands to the original assignees and also for punishment to the persons acquiring such lands. Sec.3 (1) of the Act prohibits transfer of any land assigned to a landless poor person by way of sale, gift, mortgage, exchange, lease or otherwise and no right or title in such assigned land shall vest in any person acquiring the land by such transfer which transaction shall be deemed never to have taken place. A mortgage in favour of Central Government, or the State Government or any Local Authority or any registered Co-operative Society or any Bank shall not be regarded as an alienation. U/s 3(2) of the Act, the assignee and the purchaser are barred from entering into such transactions which, if made, shall be null and void (Sec.3(3). U/s 6, the M.R.O (Authorised officer ) is empowered either suomotu or on applicaton (Form -1) after making an enquiry and after the entire price in one lumpsum or the first instalment thereof has been deposited with the Authorised Officer, to grant a certificate of ownership in Form - II and on the issue of such certificate the homestead and dwelling house shall vest in the occupant free from all encumbrances w.e.f. 18-8-1975. The enquiry under this section must be full pledged one giving opportunity to both the occupant & landowner observing principles of natural justice. According to the Act 9 of 1977, the provisions of Section 3 (1) and 3 (2) of the Act shall not apply to any assigned land which was purchased by another landless poor person in good faith and for valuable consideration prior to 21-1-1977 and which is in possession of such purchaser on 21-1-1977. But the A.P. High Court has ruled out in several writ petitions that the provision of the Act are retrospective in operation and that the Act applies to transfers of assigned lands effected before the commencement of the Act. It was also held whether the purchaser is a landless poor acted in good faith and purchased for valuable consideration have to be determined with reference to date of purchase only (AIR 1980 page 198 and A I R 1980 page 257) If in any case the District Collector or the officer authorised by him (M.R.O) is satisfied that the provisions of Sec.3(1) of the Act are contravened, he shall issue a show-cause notice in Form 1 to the person in possession of the assigned lands allowing 15 clear days for making the representation. If any representation is received in time, it shall be considered and if it is held that the provisions of Sec 3(1) of the Act have been contravened, an order shall be passed, directing the V.A.O to take possession of such land (Rule 3). The land so taken shall be restored to the original assignee or his legal heirs, only once. If the restored land is again transferred by the assignee or his legal heirs. It shall be resumed to the Government for assignment to any other land-less poor person. (Sec.4(1) (b). Any order passed in revision u/s 4(b) and subject to such order the decision in appeal u/s 4(a) and subject to the said order in revision and appeal any order passed u/s 4(1) shall be final and shall not be questioned in any court of law and no injunction shall be granted by any court in respect of any proceedings taken or about to be taken by any officer or authority or Government in pursuance of any power conferred by or under the Act. 4(a) Appeal : (1) Any person aggrieved by an order passed by the M.R.O under sec.4(1) may within 90 days from the date of receipt by him of such order appeal to r.D.O. (2) Any person aggrieved by an order passed by the R.D.O u/s 4(1) may within 90 days from the date of receipt by him of such order, appeal to the District Collector. 4(b) Revision : The District Collector may in respect of any proceedings not being a proceeding covered by 4(a)(2) on an application made to him and the Govt.may in respect of any proceedings either suomotu or on an application made to them call for and examine the records of any officer subordinate to him to satisfy himself as to the regularity of such proceedings etc. and pass orders modifying, annulling, reversing or remitting for reconsideration. The District Collector / M.R.O shall furnish a copy of the order to the Registration Department whenever any land is assigned to a landless poor person (Rule 4) NB : Whenever assignment of land is ordered, a copy of the list has to be furnished to Sub-Registrar. The Registering Officer shall not register any document relating to transfer of or the creation of any interest in assigned land without prior permission of the District Collector concerned (Sec.5) Whosoever acquires any assigned lands in contravention of Sec 3 (2) of the Act shall be punished with imprisonment up to 6 months and with fine upto Rs.2,000/- or with both (Sec.7(1). Any person who impedes the officer authorised to take possession of any assigned land under section 4(1) of the Act shall be punished with imprisonment upto 6 months and fine of Rs.5,000/- or with both (Sec.7(2). The sanction of the District Collector shall be necessary for filing prosecution under section 7 (1) and (2) of the Act (Sec.7(3)
Posted on: Thu, 04 Sep 2014 17:56:13 +0000
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