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Explain the AP Assigned Lands Act, 1977

The Andhra Pradesh Assigned Lands (Prohibition on Transfer) Act, 1977 is an important piece of land reform legislation in Andhra Pradesh that protects the rights of poor persons — particularly Scheduled Castes, Scheduled Tribes, and landless labourers — to whom government land has been assigned (allotted) by the government. The Act prohibits the transfer of such assigned lands and provides for the restoration of any assigned land that has been illegally transferred.

Background and Purpose

As part of land reform programmes, state governments including Andhra Pradesh assigned (allotted) government land to landless poor persons — particularly dalits and tribals. However, after receiving such land, the poor assignees were often pressured by powerful local interests to sell or surrender the land for inadequate consideration. Within a few years of assignment, the land would end up in the hands of the rich and powerful, defeating the entire purpose of the land reform programme.

The AP Assigned Lands Act, 1977 was enacted to prevent this by making such assigned lands non-transferable and providing for restoration of illegally transferred lands.

Definition of Assigned Land — Section 2(a)

Under the Act, "assigned land" means any land:

  • Assigned by the government to a person for agricultural purposes
  • Under any scheme for assignment of government land to poor persons
  • Assigned after 13th January, 1969 (the date specified in the Act)

Key Provisions of the Act

1. Prohibition on Transfer — Section 3 The most important provision of the Act is Section 3 which prohibits any transfer of assigned land. The section states that no assigned land shall be:

  • Sold or transferred by way of sale
  • Mortgaged or hypothecated
  • Gifted or transferred by way of gift
  • Leased out
  • Transferred in any other manner

Any transfer of assigned land in violation of Section 3 is void — i.e., legally of no effect.

2. Restoration of Transferred Lands — Section 4 If any assigned land has been transferred in violation of the Act, the Revenue Divisional Officer (RDO) or higher authority can:

  • Cancel the illegal transfer
  • Restore the land to the original assignee or his legal heirs
  • If the original assignee has died without heirs, the land reverts to the government

3. Eviction of Illegal Occupants — Section 5 Any person who is in possession of assigned land in violation of the Act can be evicted by the revenue authorities without going to court.

4. Penalty — Section 7 Any person who:

  • Purchases or receives assigned land in violation of the Act
  • Abets or facilitates such transfer is liable to imprisonment for up to 6 months and/or fine.

Who Can Receive Assigned Land?

Assigned land is allotted by the government to:

  • Landless agricultural labourers
  • Persons belonging to Scheduled Castes and Scheduled Tribes
  • Persons displaced by development projects
  • Other poor persons as specified in government schemes

Exceptions

The prohibition on transfer does not apply to:

  • Transfer by inheritance or succession (the heirs of an assignee can inherit the land)
  • Transfer to the government
  • Transfer under a government scheme for consolidation of holdings

Important Case Laws

1. State of AP v. Maharaja Traders (2003) The AP High Court held that any transaction involving assigned land in violation of the AP Assigned Lands Act is void and the land must be restored to the assignee.

2. P. Ramaiah v. Revenue Divisional Officer (1998) The court held that the revenue authorities have the power to suo motu (on their own) take action to restore assigned land that has been illegally transferred, without waiting for a complaint from the assignee.

Conclusion

The AP Assigned Lands (Prohibition on Transfer) Act, 1977 is an important protective legislation that seeks to preserve the fruits of land reform for the poor persons who were the intended beneficiaries. By making assigned lands non-transferable, the Act prevents the re-concentration of land in the hands of the rich and ensures that the government's land distribution programme achieves its intended social and economic objectives. The Act is an important component of Andhra Pradesh's land reform framework and continues to play a vital role in protecting the land rights of dalits, tribals, and other marginalized communities.

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