APTAL Act 53Cअध्याय VI · Management or Acquisition of Uncultivated, Improperly Cultivated or Surplus Lands

धारा 53C · Further power to assume for public purpose management of land not efficiently cultivated and managed:

(1)

Notwithstanding any law for the time being in force or any usage or custom or the terms of any contract or grant to the contrary, the Government or any officer or authority authorised by the Government may, for a public purpose, from such date as may be notified in the [Official Gazette] [Substituted for 'Jarida' by the APAO 1957.] and subject to the provisions of sub-section (7) as to the payment of compensation, assume the management of so much of the land held by a landholder and not in the occupation of tenants, as is in excess of four and a half times the family holding for the local area concerned unless in the opinion of the Government or such officer or authority, it is so efficiently cultivated and managed according to the standards prescribed under Section 53-B that a break-up will lead to a fall in production.Explanation I: For the purposes of this sub-section the standard of efficient cultivation and management will apply only to land which forms a compact block.Explanation II: In this sub-section 'public purpose' includes settlement of landless cultivators, development of co-operative organisations and increasing the efficiency of management:Provided that in calculating the excess of land owned by a joint family, every branch of it entitled under the Hindu Law to a share per stripes in the property owned by the family on the partition of the family, shall be allowed one family holding even though the aggregate of such shares may exceed four and a half times the family holding:Provided further that a declaration by Government that a land is required for a public purpose shall be conclusive evidence that the land is so required.

(2)

Where in the opinion of the Government or such officer or authority the cultivation of any land by a landholder falls below the standards prescribed under Section 53-B the Government or such officer or authority may, subject to the provisions of sub-sections (7) and (8) as to the payment of compensation, assume the management of the entire holding or such portion thereof as is in excess of three times the family holding in the local area concerned:Provided that every branch of a joint family entitled under the Hindu Law on partition to a share per stripes in the property owned by the family, shall be allowed one family holding even though the aggregate of such shares may exceed three times the family holding:Provided further that the provisions of sub-sections (1) and (2) shall not apply to permanent fruit gardens and orchards that existed on the 1st January, 1952.

(3)

The provisions of sub-sections (1) and (2) shall mutatis mutandis apply to lands held by protected tenants as such, including lands if any, held by them as landholders.

(4)

Before assuming management, the Government or such officer or authority shall give three months' notice in writing to the landholder of the intention to do so, and consider any representation he may make within the period allowed in the notice.

(5)

After considering such representation, if any, the Government or such officer or authority shall communicate in writing to the landholder the decision thereon and publish the decisions in the manner prescribed.

(6)

On the publication of a decision to assume the management the Government or such officer or authority shall subject to the provisions of Section 53-B appoint a manager to be in-charge of the lands and thereafter the provisions of Section 52 shall mutatis mutandis apply to such lands.

(7)

The amount of compensation payable for assumption of management shall consist of a recurring payment determined in accordance with the provisions of Section 11 and sub-section (3) of Section 17 and such other sums, if any, as may be found necessary to compensate the landholder for all or any of the following matters, namely:

(i)

pecuniary loss due to assumption of management;

(ii)

expenses on account of vacating the land, the management of which has been assumed;

(iii)

expenses on account of re-occupying the land on the termination of the management;

(iv)

damage, if any, caused to the land during the period of management, including the expenses that may have to be incurred for restoring the land to the condition in which it was at the time of assumption of management;

(8)

(a)

Where the amount of compensation referred to in sub-section (7) can be fixed by agreement, it shall be paid in accordance with such agreement.

(b)

Where no such agreement can be reached, the Government shall appoint as Arbitrator a person qualified for appointment as a District Judge.

(c)

At the commencement of the proceedings, before the Arbitrator the Government and the person to be compensated shall state what in their respective opinions is a fair amount of compensation.

(d)

The Arbitrator in making his award shall have regard to the provisions of Section 18 of the Hyderabad Land Acquisition Act, 1309 F [so far as the same can be made applicable.] [This Act was repealed by Andhra Pradesh Act No. 20 of 1959.]

(e)

An appeal shall lie to High Court against an award of the Arbitrator.

(f)

The Government may make rules for carrying into effect the provisions of this sub-section and in particular and without prejudice to the generality of the foregoing power, such rules may prescribe:

(i)the procedure to be followed in arbitration under this sub-section;

(ii)the principles to be followed in apportioning the costs of proceedings before the Arbitrator and on appeal.

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