Revenue Department - Agency Rules

 

DESCRIPTION:

                                        The AP Agency Rules 1924
                                        Andhra Pradesh scheduled areas land transfer regulation 1959
                                        A P S A L T Rules 1969

                                        Regulation 1 of 1970

            

The Scheduled areas in the country are not governed by the same laws as in the rest of the country, and they are directly administered under the laws made by the Executive as per provisions contained in the 5th Schedule to the Constitution of India.

The AP Agency Rules (APAR)1924

         The AP Agency Rules 1924 is one of the important enactments to safeguard the interests of the tribals. These rules provide the machinery for the administration of Civil Justice in the Agency Tracts.

       According to Explanation 1 to Section 9 of Civil Procedure Code the Suit of a civil nature is one where the right to Property or to an office is contested. Some of the examples for a suit of  civil nature as per Civil Rules of Practice are

a) Suit for recovery of money lent

b) Suit for Specific performance of sale/purchase of land

c) Suit for damages for wrongfully entering the plaintiffs land

        According to rule 1(3) of the AP Agency Rules, the Agent to Government i.e., the Collector is empowered to appoint any of his subordinates or with the sanction of the State Government any other duly qualified person as Agency Munsiff to exercise Jurisdiction in such places and within such portion of the Agency Tract within his District.

      The Agency Mandal Revenue Officers are the Agency Munsiffs in their respective jurisdiction.

       According to rule 5(1), the Agency Munsiffs is competent to take cognizance of Suits for movable or immovable property not exceeding the value of Rs. 500/-

       According to rule 6 the Agency Divisional Officer / Agency Sub Judge is competent to take cognizance of Suits value more than 500/- but less than 5000/-

       According to rule 7 Suits value more than 5000/- have to be instituted in the Court of Agent to Government / Collector.

       The State Govt. in GO Ms. No. 381 (Home Courts. A) Department Dated 20-3-1968 have exempted the Schedule Tribes from paying Fees chargeable under the AP Court Fees and Suits Valuation Act in respect of Civil Suits instituted by them.

        According to the Govt. Memo No. 2697/F1/78-15, SW Department dated 19-9-1986 the Civil Courts in the State cannot entertain suits of civil nature in the Scheduled Areas as per the Notification of the Govt. in GO Ms. No. 1573 Home (Courts-A) Department Dated 30-10-1972.

        The procedure for institution, trial and determination of Suits are mentioned in Rules 14 to 20 of A P A R.

        The Agency Munsiffs / Agency Divisional Officers are competent to execute Decrees and orders passed by them under rule 29 to 38. The investigation of claims and objections to Execution are envisaged in rule Nos. 39 to 41.

        The Agency Munsiffs / Agency Divisional Officers are competent to pass orders on Interm protection of property under rule 42 of A P A R.

        According to rule 47(1) from every original Decree passed by an Agency Munsiff an appeal shall lie to Agency Divisional Officer, and according to rule 47(2) from every appellate Decree passed by ADO an appeal shall lie to the Agent to State in appeal, and appeal shall to the High Court.

         For detailed appreciation of the Rules the AP Agency Rules may be verified and followed.

Andhra Pradesh scheduled areas land transfer regulation 1959

            This Regulation was enacted to regulate the transfers of land in the Scheduled Areas in the Districts of East Godavari, West Godavari, Visakhapatnam, Srikakulam, Adilabad, Warangal, Khammam and Mehaboobnagar in Andhra Pradesh.

The transfer of lands in the Scheduled Areas prior to the enactment of A P S A L T R 1959 were governed by

  1. The Agency Tract Interest and Land Transfer Act 1917 in respect of Andhra Area and

  2. The Tribal Areas Regulation III of Fasli 1359 in Telangana Region.

             According to Section 3(1) A of the Regulation, any transfer of immovable property situated in the Agency Tracts by a person, whether or not such person is a member of Scheduled Tribe, shall be absolutely null and void, unless such transfer is made in favour of person, who is a member of ST or a society registered or deemed to be registered under the AP Cooperative Societies Act 1964 which is composed solely of members of Scheduled Tribes.

         The term "Transfer" as defined in sub section G of Section 2 of Regulation 1959 means a Mortgage with or without possession, lease, sale, gift, exchange or any other dealing with immovable property, not being a testamentary disposition and includes a charge on such property or a contract relating to such property in respect of such; Mortgage lease, sale, gift exchange or other dealing. Further as per sub section (4) of Section 3 of the A P S A L T R, the expression transfer includes a sale in execution of Decree and also a Transfer made by a member of a ST in favour of any other members of ST, benami for the benefit of a person who is not a member of ST : but does not include a partition or a devolution by succession. Hence even benami transfers are prohibited under the Regulation.

A P Scheduled area Land Transfer Regulation (A P S A L T) Rules

             Rule 18 of A P S A L T Rules framed in 1969 envisages the procedure by which land can be transferred to a tribal or to a society solely composed of Scheduled Tribes (STs). The Agent to Government i.e., the Collector of the District has to permit the sale in Form "L" appended to the Rules.

           According to Section 3 sub section 2(a) of A P S A L T R where a transfer of immovable property is made in contravention of sub section 3(1) a of the Regulation, the Agent to Govt./Collector, the Agency Divisional Officer i.e., the Special Deputy Collector Tribal Welfare appointed for the purpose, and any other prescribed officer may, on application by any one interested, or on information given in writing by a public servant, or suo moto, decree ejectment against any person in possession of the property claiming under the Transfer, after due notice to him in the manner prescribed and may restore it to the transferor or his heirs.

            The procedure for notice (Form-E), enquiry and passing of order for ejection or otherwise (Form-F) is envisaged in Rule 7 (1,2,3 and 4) of A P S A L T RULES 1969.

        The appeal provisions on the orders of the Special Deputy Collector, Tribal Welfare (SDC TW) and Agent to Govt. are envisaged in Section 3 of the Regulation as shown below :

  1. If the Decree or order was passed by the Agent the Appeal shall lie to the State Government.

  2. If the Decree or Order was passed by the Agency Divisional Officer the appeal shall lie to the Agent to Govt.

  3. If the Decree or order was passed by any other Officer the appeal shall lie to the Agency Divisional Officer or to the Agent as may be prescribed.

            According to Section 6 of the A P S A L T R 1959, the State Govt. holds revision powers and it may revise any decree or order passed by the Agent to Govt. the Agency Divisional Officer and Special Deputy Collector, Tribal Welfare (SDC TW) or any other prescribed Officer under the Regulation.

Regulation 1 of 1970

            The important feature of the A P S A L T R was the presumption clause brought in by an amendment in 1970. Section 3(b) stipulates that until the contrary is proved, any immovable property situated in the Agency Tracts and in the possession of a person who is not a member of ST shall be presumed to have been acquired by such person or his predecessor in possession through a transfer made to him by a member of ST and the burden of proof lies with the non tribal.

       The Courts have held that the amendment brought in 1970 shall not have retrospective effect, but it will have prospective effect only.

          The Govt. in G.O.Ms.No. 68 Social Welfare (LTR.1) Department dated 9-7-2002 have ordered that the provisions of Andhra Pradesh Scheduled Areas Land Transfer Regulation 1959 as amended by Regulation 1 of 1970 shall have overriding effect of any other law for the time being in force in the Tribal areas in the State in respect of the land transfers and any contrary determination under any other Regulation including Andhra Pradesh Scheduled Areas Settlement Regulation 2 of 1970 in the Agency Areas of the State is null and void. The Commissioner and Director of Settlements and all the Agency Collectors were requested to take necessary further action in the matter in the settlement of issues in this regard.

ACTS

A.P Agency Rules

Andhra Pradesh Scheduled Areas Land Transfer Regulation 1959