The Andhra Pradesh Bhoodan and Gramdan Act, 1965
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28. Appeal
Against an order passed by the Tahsildar under sub-section (3) of section 13 an appeal shall lie to the Revenue Divisional Officer concerned within thirty days from the date of the order.
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29. Filing of suits -Any person whose interests are affected as result of the
donation of any land for the purpose of Bhoodan Yagna or Gramdan whether before or after the commencement of this Act, may institute a suit in a civil court having jurisdiction—
- (a) in the case of land donated before the commencement of this Act, within three months from the date of publication of the list under sub-section (4) of section 15;
- (b) in the case of land donated after the commencement of this Act, within three months from the date of publication of the order of the Tahsildar under section 13, or where an appeal is filed under section 28 within three months from the date of the order passed in the appeal: Provided that a person who had not filed objection under section 13 and who was not present or represented in the proceedings before the Tahsildar or the Revenue Divisional Officer under section 13 or section 28, may institute a suit within three months from the date of publication of the order under sub-section
- (5) of section 13.
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30. Grantee or allottee of land not to be a tenant -No person to whom any
land is granted by the Board or is allotted by a Gram Sabha under this Act shall be deemed to be a tenant in respect of such land for the purpose of any law relating to tenancy for the time being in force.
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31. Exemption of stamp duty and registration fee etc
Every declaration and any grant or allotment of land made or deemed to have been made under this Act shall be, and be deemed always to have been, exempt from the payment of fee for encumbrance certificate, stamp duty, registration fee and fee for the attestation of power of attorney under sub-section (2) of section 33 of the Indian Registration Act, 1908.
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32. Act to over ride other laws -The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
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33. Power to make regulations -(1) The Board may, with the previous
sanction of the Government, by notification in the Andhra Pradesh Gazette make regulations not inconsistent with this Act and the rules made thereunder, to provide for the conduct of its business and all other matters for which provision is necessary and expedient for the purpose of enabling it to discharge its functions under this Act.
- (2) Subject to the provisions of this Act, and the rules, if any, made thereunder, every Gram Sabha may make regulations to carry-out the purposes of this Act and in particular for the conduct of business, election of office bearers, appointment of Committees, maintenance of accounts and the audit thereof, appointment of servants and the remuneration payable to them, the principles to be followed in the allotment of land and for the levy of sums for such allotment, the grounds on which the allottees may be evicted from the lands, the manner of eviction of the allottees and any other matter for which provision is necessary and expedient for the purposes of enabling it to discharge its functions under this Act.
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34. Power to make Rules -(1) The Government may, by notification in the
Andhra Pradesh Gazette make rules for carrying out all or any of the purposes of this Act.
- (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for—
- (a) the matters to be taken into account by the Board in granting lands to landless poor persons;
- (b) the form of declaration and the manner in which it shall be filed and the documents to be filed along with the declaration;
- (c) the manner of inquiry, and hearing and disposal of objections under section 13;
- (d) the service of notices under this Act;
- (e) the payment of traveling and other allowances to the Chairman, Vice-Chairman and members of the Board and Local Committees;
- (f) the procedure to be followed by the Board and Local Committees in respect of financial matters generally, including the manner in which, and the restrictions, limitations and conditions subject to which, expenditure may be incurred by the Board and the Local Committees;
- (g) the form in which the accounts of the Board and Local Committees shall be kept, the audit and publication of such accounts and the charges, if any, to be made for such audit;
- (h) the preparation of an annual budget and the reports and returns to be furnished by the Board to the Government and by the Local Committees to the Board;
- (i) the appointment of a secretary and staff for the Board and the Local Committees and the remuneration payable to them and the delegation of the powers of the Board and Local Committees to the respective Chairman, Vice-Chairman and Secretary;
- (j) the summoning and holding of meetings of the Board and the Local Committees and the time and place at which such meeting shall be held, the conduct of business thereat and the number of members necessary to constitute a quorum;
- (k) the sub-division of lands where any portion of land is granted or donated under this Act;
- (l) the settlement of disputes in regard to the allotment of lands by a Gram Sabha, the levy of sums for such allotment and the eviction of allottees from the lands allotted;
- (m) the enforcement of the decision of a Gram Sabha;
- (n) any other matter which has to be, or may be, prescribed.
- (3) Every rule made under this section shall be laid immediately after it is made, before each House of the State Legislature, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiration of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall thereafter have effect only in such modified form or shall stand annulled, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
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35. Repeal and saving -The Shri Acharya Vinoba Bhave Sarvodaya Bhoo-
Yagna, Hyderabad Land Revenue Special Rules, 1951, are hereby repealed: Provided that such repeal shall not affect the previous operation of the said rules or any right, title, obligation or liability already acquired, accrued or incurred thereunder and subject thereto, anything done or any action taken in the exercise of any power conferred by or under the said rules shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act was in force on the date on which such thing was done or action was taken: Provided further that all the lands donated under the said rules and vested in the Government before the commencement of this Act shall after such commencement be deemed to vest in the Board.
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