Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 1998*
| [Andhra Pradesh Act No. 38 of 1998] | [2nd September, 1998] |
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 Forty-ninth Year of the Republic of India, as follows:-
* Received the assent of the Governor on the 02-09-1998 and assent of the President received on 16-12-1998. For statement of object and reasons please see the Andhra Pradesh Gazette. Part-IV-A, Extraordinary dated 16-07-1998 at Page, 5.
1. Short title, extent and commencement.- (1) This Act may be called the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 1998.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
2. Amendment of Section 4.- In the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, in section 4, in sub-section (1):-
(i) for clause (a), the following shall be substituted, namely:-
"(a) take possession of the assigned land after evicting the person in possession after such written notice as the Collector or Mandal Revenue Officer may deem reasonable and any crop or other produce raised on such land shall be liable to forfeiture and any building or other construction erected or anything deposited, thereon shall also be forfeited, if not removed by him, after such notice, as the Collector or the Mandal Revenue Officer may direct. Forfeitures under this section shall be adjudged by the Collector or Mandal Revenue Officer and any property forfeited shall be disposed of as the Collector or Mandal Revenue Officer may direct; and";
(ii) after sub-section (1), the following sub-sections shall be added, namely:-
(2) An eviction under sub-section (1) shall be made by serving a notice in the manner prescribed in section 25 of the Andhra Pradesh Revenue Recovery Act, 1864, (Act ??? of ???) or in any other manner as the State Government may direct, on the person reputed to be in occupation or his agent requiring him within such time as the Collector or the Manual Revenue Officer may deem reasonable after receipt of the said notice is to vacate the land, and, if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same, and if the officer removing any such person shall be resisted or obstructed by any person, the Collector shall hold a summary inquiry into the facts of the case and if satisfied that the resistance or obstruction was without any just cause and that such resistance or obstruction still continues, may issue a warrant for arrest of the said person and on his appearance commit him to close custody in the office of the Collector or of any Mandal Revenue Officer for such period not exceeding thirty days as may be necessary to prevent the continuance of such obstruction or resistance or may send him with a warrant in the form of schedule for imprisonment in the civil jail of the District for the like period:
Provided that no person so committed or imprisoned under this section shall be liable to be prosecuted under sections 183, 186 or 188 of the Indian Penal Code (Central Act 45 of 1860) in respect of the same facts.
(3) Any person who unauthorisedly re-enters and occupies any land from which he was evicted under this section, shall be punished with imprisonment for a terra which may extend upto six months or with fine upto rupees five thousand or with both." and;
(iii) the existing sub-sections (2) and (3) shall be re-numbered as sub-sections (4) and (5) thereof.