2 [Act No.

30 of 1987]

Provided that in the case of a scheme settled by a

court or a decree or order passed by the court, the
Commissioner shall move such court to alter the scheme or
vary the terms of the decree or order, as the ease may be.

(4) From any order passed by the Commissioner under

sub-section (1), an appeal shall lie to the court within ninety
days from the date of receipt of the order.

CHAPTER-X
ALIENATION OF ANY IMMOVABLE PROPERTY AND
RESUMPTION OF INAM LANDS.

Lease, sale of 75. (1) Any Lease *[XXX] and any gift, sale, exchange or
inams to be void mortgage of an inam land granted for the support or
in certain cases.
maintenance of charitable or religious institution or
endowment or for the performance of a religious or public
charity or service, shall be null and void_ unless any such
transaction, not being a gift, is effected with the prior
sanction of the Government.

(2) Such prior sanction may be accorded by the

Government where they consider that the transaction is,

() necessary or beneficial to the institution or

endowment;
(i) in regard to the land which is an uneconomical
holding for the institution or endowment to own and
maintain; and

(i) the consideration thereof is adequate and proper.

(3) The provisions in clause (c) of sub-section (1) of

section 80 shall apply for the sale of any inam land

74. Omitted by Act No.27 of 2002.

[Act No. 30 of 1987 3

76. (1) Where, before or after the commencement of this Prohibition of

Act, any person has been granted a ryotwari patta in respecttrensfer of lands
for
of any inam land given to a service holder or other granted
rendering service
employee of a charitable or institution or endowment for the to a religlon or
purpose of rendering endowment, service to the institution chartable
or endowment then, notwithstanding anything to the institution or
contrary in any other law for the time being in force or in the endowment.
deed of grant or of transfer or other document relating to
such land, lt shall be and shall be deemed never to have
been granted and the lands covered by such ryotwari patta
shall not be transferred and shall be deemed never to havve
been transferred and accordingly no right or title in such
land shall vest in any person acquiring the land by such
transfer and a ryotwari patta in respect of such land shall be
deemed, to have been granted in favour of the institution or
endowment concerned and thereafter the person in
possession of such land shall be deemed as an encroacher
and the provisions in sections 84 and 85 shallapply.

(2) No ryotwari patta holder in respect of the aforesaid

land shall transfer any such land and no person shall
acquire any such land either by purchase, gift lease,
mortgage, exchange or otherwise.

(3) Any transfer or acquisition made in contravention of

the provisions in sub-section (1) or sub-section (2) shall be
deemed to be null and void.

(4) The provisions of this section shall apply to any

transaction of the nature referred to in sub-section (2) in
execution of a decree or orderof a civilcoOurt or order of any
other authority.

77. (1) The Revenue Divisional Officermay, either suo Resumption of

motu or on the application of the trustee of a charitable or Inam lands.

religious institution or endowment or of the Commissioner

or of any person having interest in the institution or
4 [Act No. 30 of 1987]

endowment authorized by the Commissioner, by order,

resume the whole or any portion of any such inam land
referred to in section 75 on all or any of the following
grounds, namely:
(i) that the holder of the inam has effected a
transaction which is null and void under section 75;

(i) that the charitable or religious institution or

endowment has ceased to exist or the charity or service has
become impossible of performance;

(ii) that the holder of such inam land has failed to

perform or make the necessary arrangements for
performing, in accordance with the custom or usage of the
institution or endowment, the charity or service for the
performance of which the inam land was granted.

(2) (a) Before passing an order under sub-section (1),

the Revenue Divisional Officer shall give notice to the
trustee, to the Commissioner, to the holder of the inam land,
to the person in possessior of the inam land where he is not
the holder thereof and to the alienee, if any, of the inam land
and also publish a copy of the notice in such manner as
may be prescribed, which publication shall be deemed to
be sufficient notice to every other person_likely to be
affected by such order, and consider the objections, if any,
after holding such inquiry as may be prescribed;

(b) Where only a portion of the inam land is affected,

notice shall be given under clause (a) to the holder of such
portion as well as to the holder or holders of the other
portion or portions to the person in possession of every
such portion, where he is not the holder thereof, and to the
alienee, if any, of every such portion and the objections of
all such_persons shall be considered by the Revenue
Divisional Officer.
Act No. 30 of 1987] 5

(3) A copy of every order passed under sub-section (1),

shall be communicated to each of the persons mentioned in
sub-section (2) and shall also be published in the manner
prescribed.

(4) (a) Where any inam land or portion thereof is

resumed under this section, the Revenue Divisional Officer
shall, by order, grant a ryotwari patta in respect of the inam
land or portion thereof to the charitable or religious
institution concerned; and where the resumption is made on
the ground specified in item (i) of sub-section (1) to any
such charitable or religious institution as the Commissioner
may recommend;

the order granting the ryotwari patta under clause

(b)
(a) shall, on application made to the Revenue Divisional
Officer within the time prescribed, be executed by him in
accordance with such rules as may be made in this behalf.

(5) Pending the resumption of an inam land or portion

thereof under this section on the ground specified in item
i) of sub-section (1), the Revenue Divisional Officer may
direct the person in possession of the inam land or portion
thereof, to pay to the trustee, the expenses incurred or likely
to be incurred for the performance ofthe charity or service
to the institution or endowment. In default of such payment,
the Revenue Divisional Officer may pass an order or make
such arangement as he consider necessary for the
perfomance of the charity or service; and the expenses
incurred therefor shall be recovered from the _person in
possession of the inam land or portion thereof, as if they
were arrears of land revenue.

78. (1) Any person aggrieved by an order of the Revenue Appeal.

Divisional Officer under sub-section (1) of section 77 may
appeal to the District Collector within such time as may be
prescribed, and on such appeal, the District Collector may,
 [Act No. 30 of 1987]

after giving notice to the Commissioner and each of the

persons mentioned in sub-section (2) of that section and
after holding such ingquiry as may be prescribed, pass an
order confirming, modifying or cancelling the order of the
Revenue Divisional Officer.

(2) The order of the District Collector on such appeal or

the order of the Revenue Divisional Officer under sub-
section (1) of section 77 where no appeal is preferred, shall
be final, and shall not be liable to be questioned in any
Court oflaw.
Prohibition of 79. No immovable property shal be purchased for or on
purchase of behalf of any charitable or religious institution or endowment
immovable
property in certain Xcept with the prior sanction of the Commissioner and the
cases.
Commissioner shall not accord such sanction unless he
considers that such property is necessary or beneficial to
the institution or endowment and that the price proposed to
be paid therefor is not excessive:

Provided that before such sanction is accorded, thee

particulars relating to the proposed transaction shall be
published in the elangana Gazette inviting obiections and
suggestions with respect thereto and all objections and
suggestions received from the trustee or other person
having interest shall be duly considered by the
Commissioner.

Alenation of 80. (1)(a) Any gift, sale, exchange, or mortgage of any

immovable immovable property belonging to or given or endowed for
property. the purpose of any charitable or religious institution or
endowment shall be null and void unless any such
transaction, not being a gift, is effected with the prior
sanction of the Commissioner;

75. Substituted by G.O.Ms.No.37, Revenue (Endowments-1) Department,

dated 01.11.2014.
[Act No. 30 of 1987] 7

(b) The Commissioner, may, after publishing in the

elangana Gazette the particulars relating to the proposed
tran and inviting any objections and suggestions with
respect thereto and considering all objections and
suggestions, if any, received from the trustee or other
person having interest, accord such sanction where he
considers that the transaction is,

) prudent and necessary or beneficial to the

institution, or endowment;

(i) in respect of immovable property which is un

economical for the institution or endowment to own and
maintain; and

(ii) the consideration therefor is adequate and

proper.

(c) Every sale of any such immovable property

sanctioned by the Commissioner under clause (b) shall be
effected by tender-Cum-public auction in the prescribed
manner subject to the confimation by the Commissioner
within a period prescribed:

Provided that the Government may, in the interest of

the institution or endowment and for reasons to be recorded
therefor in writing, permit the sale of such immovable
property, otherwise than by public auction:

Provided further that the Government may purchase

the lands situated in Scheduled Areas belonging to
institutions or endowments, wherever necessary, otherwise
than by public, auction and assign Such lands to the
members of the Scheduled Tribes.

76. Substituted by G.O.Ms. No.37, Revenue (Endowments-1) Department,

dated 01.11.2014.
 [Act No. 30 of 1987

Explanation: In this section, the expression

"Scheduled Tribe" shall have the meaning assigned to it in
clause (25) of article 366 of the Constitution and the
expression "Scheduled Area" shall have the meaning
assigned to it in sub-paragraph (1) of paragraph 6 of the
Fifth Schedule to the Constitution of India.
(2) (a) No lessee, mortgagee with possession or
licensee, of any land or building belonging to the institution
or endowment and which is appurtenant to or which adjoins
the institution or endowment or any tank, wel, spring or
water course appurtenant to the institution or endowment
whether situated within or outside the prakarams,
mandapams, court-yards or corridors of the institution or
endowment, shall make use of the land, building or space
so as to mar the atistic appearance or view or the religious
atmosphere of the institution or endowment. The
Commissioner, shall, by order and for reasons to be
recorded therein, terminate or cancel the lease, mortgage,
or license, as the case may be, of any person who
contravenes the aforesaid provision, after giving the person
an opportunity of making his representation against the
proposed termination or cancellation and require such
person to deliver possession of the land, building or space,
as the case may be, to the trustee before the date specified
in the order;

(b) Where such person fails to deliver possession as

aforesaid, before the date specified, the Commissioner may
direct the Deputy Commissioner concerned to take action
under the provisions of Chapter-XI;

(c) Nothing in this sub-section shall be construed as

disentitling the person who is dispossessed of any property
under this sub-section from recovering any amount which is
lawfully due to him from the institution or endowment under
the lease, licence or mortgage, as the case may be.
[Act No. 30 of 1987] 9

(3) The utilization or investment of the amount realized

by any transaction under sub-section (1) and in the case of
a mortgage, the discharge of the mortgage within a
reasonable period, shall be made by the trustee, subject to
the approval of the Commissioner.

(4) A copy of the order made by the Commissioner

under this section shall be communicated to the
Government and to the trustee and shall be published in
such manner as may be prescribed.

(5) The trustee may, within ninety days from the date of
the communication of the order under sub-section (4), and
any person having interest may, within ninety days from the
date of publication of such order, prefer an appeal to the
Government to modify the order or set it aside.

(6) Notwithstanding anything contained in the first

proviso to clause (c) of sub-section (1), the Government
may call for and examine the record of the Commissioner in
respect of the order passed by him under this section to
satisfy themselves as to the legality or correctness of such
order or regularity or propriety thereof and if, in any case it
appears to the Government that such order should be
modified, annulled, reversed orremitted for reconsideration,
they may pass order accordingly:

Provided that the Government shall not pass any order

prejudicial to any party unless he has had an opportunity of
making his representation.

(7) The Government may stay the execution of any

such order pending the exercise of their powers under sub-
section (6) in respect thereof.

(8) Nothing in this section shall apply to the leasing or

licensing of any land or building or space mentioned in sub-
 100 [Act No. 30 of 1987]

section (2) for the purpose of providing amenities to pilgrims

or of vendingflowers or other articles used for worship or of
holding for specified periods, fairs or exhibitions during
festivals connected with the institution or endowment.

Invalidation of un- 81. Where before the commencement of this Act, any sale
authorized sale. exchange, or mortgage of any immovable property
belonging to any charitable or religious institution or
endowment is effected, without the prior sanction of the
Commissioner or Government, such transaction shal be null
and void and shall be deemed never to have been effected
and accordingly no right ortitlein such property shall vest in
any person acquirning the property by such transaction and
any such property shal be deemed to be the propertyof the
institution or endowment concerned and any person in
possession of such property shall be deemed to be an
encroacher and thereafter the provisions of sections 84 and
85 shall apply.

Lease of 82. (1) Any lease of agricultural land belonging to lease of

agricultural Lands. Agricultural Lands, or given or endowed for the purpose of
of
any institution or
endowment subsisting on the date
commencement ofthis Act shal, notwithstanding anything
in any other law for the time being in force, held by a person
who is not a landless poor person stands cancelled.

(2) In respect of leases of agricultural lands "[other

than those lands situated in Municipalities and Municipal
Corporations] held by landless poor person for not less than
six years continuously such person shall have the right to
purchase such lands for a consideration of seventy five per
centum of the prevailing market value of similarly situated
lands at the time of purchase and such consideration shall
be paid in four equal installments in the manner prescribed.

77. Inserted by Act No.33 of 2007.

Act No. 30 of 1987] 101

Such sale may be effected otherwise than by tender-cum-

public auction:
[Provided that if such small and marginal farmers who
are not able to purchase the land will continue as tenants
provided, if they agree to pay at least two third of the market
rent for similarly placed lands as lease amount.

Explanation: For the purpose of this sub-section

landless poor person' means a person whose total extent of
land held by him either as owner or as Cultivating tenant or
as both does not exceed 1.011715 hectares (tvwo and half
acres) of wet land or 2.023430 hectares (five acres) of dry
land and whose monthly income otherthan from such lands
does not exceed thousand rupees per mensum or twelve
thousand rupees per annum. However, those of the tenants
who own residential property exceeding two hundred
square yards in Urban Area shall not be considered as
landless poor for the purpose of purchase of endowments
property.]
Explanation lI:- For the purpose of this sub-section,
small and marginal farmer means a person who being a
lessee is holding lands in excess of acres 0.25 cents of wet
land or acres 0.50 cents of dry land over and above the
ceiling limits of acres 2.50 wet or acres 5.00 dry land
respectively they may be allowed to continue in lease
subject to payment of 2/3rd of prevailing market rent and
excess land held if any more than the above limits shall be
put in public auction.]

(3) The authority to sanction the lease or license in

respect of any property or any right or interest thereon
belonging to or given or endowed for the purpose of any

78. Proviso and Explanation substituted by Act No.27 of 2002.

79. Explanation ll added by Act No.33 of 2007.
 102 Act No. 30 of 1987]

charitable or religious institution or endowment, the manner

in which and the period for which such lease or license shall
be such as may be prescribed.

(4) Every lease or license of any immovable property,

other than the agricultural land belonging to, or given or
endowed for the purpose oí any charitable or religious
institution or endowment subsisting on the date of the
commencement of this Act, shall continue to be in force
subject to the rules as may be prescribed under sub-section
(3).
s0[(5) The provisions of the "[Andhra Pradesh (Andhra
Act XVIl of 1956. Area) Tenancy Act, 19561 and the "[Telangana Tenancy
and Agricultural Lands Act, 1950] shall not apply to any
Act Xl of 1950.
lease of land belonging to or given or endowed for the
purpose of any charitable or religious institutions or
endowment as defined in this Act.]

CHAPTER-XI
ENCROACHMENTS

Encroachments 83. (1)Where the Assistant Commissioner having

by persons on jurisdiction, either suo motu or upon a complaint made by
land or building the trustee has reason to believe that any person has
belonging to
charitable or
encroached upon (hereafter in this Chapter referred to as
religious 'encroacher) any land,building, tank, well, spring or water
institution or course or any space belonging to the institution or
endowment and endowment, wherever situated or deemed as an encroacher
the eviction of under any of the provisions of this Act, the Assistant
encroachers.
Commissioner shall report the fact together with relevant
particulars to the TEndowments Tribunal] having

80. Sub-section (5) added by Act No.27 of 2002.

81. Andhra Area Act.
82. Adapted by G.O.Ms.No.46, Law ( Department, dated 01.08.2016.
83. Substituted by Act No.33 of 2007.
[Act No. 30 of 1987] 103

jurisdiction over the division in which the institution or

endowment is situated.

Explanation: For the purpose of this Chapter the

expression 'encroacher shall mean any person who
unauthorizedly occupy any land or building or space and
deemed to include any person who is in occupation of the
land or building or space without the approval of the
competent authority sanctioning lease or mortgage, or
license and also a person who continues to remain in the
land or building or space after the expiry or termination or
cancellation of the lease, mortgage or license in respect
thereof granted to him or it.

(2) Where, on a perusal of the report received by him

under sub-section (1), the Endowments Tribunal] finds
that there is a prima facie case of encroachment, "[jit] shall
cause to be served upon the encroacher a notice specifying
the particulars of the encroachment and calling on him to
showcause before a certain date why an order requiring
him to remove the encroachment before the date specified
in the notice should not be made. A copy of the notice shall
also be sent to the trustee of the institution or endowment
concerned.

(3) The notice referred to in sub-section (2) shall be

served in such manner as may be prescribed.

(4) Where after considering the objections, if any, of the

encroacher received during the period specified in the
notice referred to in sub-section (2) and after conducting
such enquiry as may be prescribed, the [Endowment
Tribunal] is satisfied that there has been an encroachment,
[it may, by order, require, the encroacher to remove the
encroachment and deliver possession of the land or

84. Substituted by Act No.33 of 2007.

 104 [Act No. 30 of 1987]

building or space encroached upon to the trustee before the

date specified in such order.

(5) The order of the s[Endowment Tribunal] under sub

section (4) shall be in writing and shall contain the grounds
on which he has passed the order.

(6) During the pendency of the proceedings, the

TEndowment Tribunal] shal order the encroacher to
deposit such amount as may be specified b y i t in
consideration of the use and ocCupation of the properties in
question in the manner prescribed.

Mode of eviction S[84. (1) Where within the period specified in the order
on failure of
removal of the
under sub-section(4) of section 83, the encroacher has not
encroachments as emoved the encroachment and has not vacated the land,
directed by the building or space, the Assistant Commissioner having
Endowments jurisdiction over the sub-division may remove the
Tribunal. encroachment and obtain possession of the land, building
or space, encroached upon, taking such police assistance
as may be necessary. Any Police Officer whose help is
required for this purpose shall be required to render the
necessary help to the Assistant Commissioner.

(2) Nothing in sub-section (1) shall prevent any person

aggrieved by any order of the Endowments Tribunal under
sub-section (4) of section 83 from preferring an appeal
before the High Court to establish that the Charitable or
Religious Institution or Endowment has no title to the land,
building or space:

Provided that no appeal shall be preferred after expiry

of ninety days from the date of receipt of the order under
sub-section (4) of section 83:

85. Substituted by Act No.33 of 2007.

86. Section 84 substituted by Act No.33 of 2007.
[Act No. 30 of 1987] 05

Provided further that no such appeal shall be preferred

by a person who is let in to the possession of land, building
or space, or who is a lessee, licencee or mortgagee of
institution or endowment.]

[85. (1) Where the Deputy Commissioner knows or has Encroachment by

reason to believe that a group or groups of persons, without 9roup ot persons
on land belonging
any entitlement and with the common object o OCCUpying to chartable and
any land, which is the property belonging to charitable or religlous
religious institution or endowment, are occupying or have insttutions and
occupied any such land and if such group or groups of their eviction.
persons have not vacated the land on demand by the
Deputy Commissioner or any officer authorized by him in
this behalf, he shall make an application to the Endowments
Tribunalhaving jurisdiction over the area in which the
institution or endowment is situated for eviction of
encroachers.

(2) Where, in any proceedings taken under this section,

or in consequence of anything done under this section, a
question arises as whether any land is the property of the
charitable or religious institution or endowment, such land
shall be presumed to be the property of the charitable or
religious institution or endowment until the contrary is
proved.

(3) Notwithstanding anything in this Act, any order of

eviction passed by the Endowments Tribunal under sub-
section (1) shall be final and shall not be questioned in any
court.]

86. (1) Any person who, on or after the commencement of Penalty for
this Act continues to be in occupation otherwise than by ofences n
lawful possession, of a land belonging to a charitable or Connection with
encroachment.

87. Section 85 substituted by Act No.33 of 2007.

 106 Act No. 30 of 1987]

religious institution or endowment shall be guilty of an

offence under this Act.

(2) Whoever contravenes the provisions of sub-section

(1), shall on conviction be punished with imprisonment for a
term which shall not be less than six months but which may
extend to five years and with fine which may extend to five
thousand rupees.
(3) No OCourt shall take cognizance of an offence
punishable under sub-section (2) except on the complaint in
writing of the Commissioner.
(4) No offence punishable under sub-section (2), shall
be inquired into or tried by any court inferior to that of a
Magistrate of the First Class.
CHAPTER-XII.
Enquirles.
Power of s[87. (1) The Endowments Tribunal having jurisdiction shall
Endowments
Tribunal to decide
have the power, after giving notice in the prescribed manner
certain disputes to the person concerned, to enquire into and decide any
and matters. dispute as to the question

(a) whether an institution or endowment is a

charitable institution or endowment;

(b) whether an institution or endowment is a religious

institution or endowment;

whether any property is an endowment, if so

(c)
whether it is a charitable endowment or a religious
endowment;

88. Section 87 substtuted by Act No.33 of 2007.