HOUSE SITES :
laid down in B.S.O.21 has to be followed;
applications should be entered in Village Registers and Mandal registers in the form prescribed in Appendix XVI
and XXI respectively;
of 15 days in Form XV to be published by Panchayat Secretary
in Appendix XVI in duplicate with the published copy of notice
to Mandal Revenue Officer (MRO) by Panchayat Secretary;
MRO. should send a copy of
report to local body for its opinion within 2 months and objections
raised by it should be considered; and
the application is allowed by the MRO. he has to issue an order
in Appendix XIX or XX or XXIV. These orders should be registered
in the prescribed registers.
24, B.S.O. 15 (15 to 20)
Selection of beneficiaries :
in Grama Sabha,
Layout and list of Beneficiaries should be approved by Revenue Divisional
Officer (RDO) Grant of house site pattas to eligible encroachers in unobjectionable areas
in Municipalities and Towns is governed by G.O.Ms.No.361 Rev (L) Dept.
Dt.15-4-89 as amended in G.O.Ms.No.641 Rev.
(Assignments-II) Dept. dt.3-7-90.
norms prescribed are :
of occupation of at least 5 years;
Pattas will be given in the name of
Owners of houses who let out to tenants are not eligible but in
such cases only tenants in occupation should be the beneficiaries;
who own another dwelling unit or site elsewhere are not eligible;
of limit for assignment free of cost shall be 50 Sq yards. relaxable upto 140 Sq Yards in
specific cases for specific reasons;
in excess of 140 Sq Yards should be regularised
on payment of Market Value and Development charges where eviction
is not feasible;
of residential huts only in objectionable areas,
are eligible for alternative accommodation.
provisions of Act IX of 1977 (The A. P. Assigned Lands (Prohibition
of Transfer) Act shall apply to the grants of house sites, in view
of the amendment issued to B.S.O.21 for the existing condition (9)
in form of Assignment of House Site Patta
to the effect that the assignment of land for House Site Patta
is heritable but not alienable.
Review Committee :
in G.O.Ms.No.443, Revenue (L.R.) Dept., dt.19-9-1995 have reconstituted
the Assignment Review Committee with the following :
Member of Legislative Assembly (M.L.A) of the Constituency ...
RDO./Sub-Collector/ Assistant Collector ... Member
Mandal Revenue Officer concerned ...
Member - Secretary
G.O.Ms.No.590, Revenue (L.R.) Dept. dt.18-11-1995 the following Members
are also included in the Assignments Review Committee.
Three Social Workers of the Mandal.
from Other Category (One among them shall be a Women)
Respective Mandal President.
III) Zilla Parishad Territorial Constituency (Z.P.T.C) Members
IV) Municipal Chairman. (They will be invited if lands of that Municipality
Chairman, District Development and Review Committee (D.D.R.C) will
nominate the 3 Social Workers. Duties of the Committee are annexed
to the G.O.
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
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 petition's 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
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)