An overview of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977

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Introduction :-
 Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977: an overview
o Legislative history
o Important points related to the Act
 Conditions under which the Act will not apply
 Consequences of breach of provisions mentioned under Section 3 of the Act
 Prohibition of registration of assigned lands
 Exemption clause (Section 6)
 Penal provisions (Section 7)
 Protections available
 Amendments brought in the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act
o The Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 1989,
Act 32 of 1989
o The Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2007,
Act 8 of 2007
o The Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2008,
Act 21 of 2008
o The Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2019,
Act 11 of 2019
o The Andhra Pradesh Assigned Lands (Prohibition of Transfers) Ordinance 16 of 2021
o The Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2023,
Act 35 of 2023
Introduction
The Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 is a piece
of legislation enacted by the Government of Andhra Pradesh to protect land that has been
assigned by the state to landless poor individuals. Usually from marginalized communities for
agricultural or residential use. The Act primarily aims to prevent the alienation (sale,
transfer, or lease) of such lands, ensuring that the intended social welfare objective is
preserved.
This Act is a protective statute designed to safeguard and assist those who are truly
landless and destitute. This Act makes it illegal to sell lands allotted to the poor for agriculture
or habitation to anybody else. Under any conditions and any other applicable legislation, the
transfer of allocated lands is prohibited. Any document signed only for the transfer is void and
unlawful. Even a civil court cannot issue a decree relating to such allocated lands transactions.
Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977: an overviewLegislative
history
The government had been allocating government lands to landless impoverished people
who had no other source of income. In Andhra Pradesh, such land assignments are controlled
by Board Standing Orders. Nonetheless, the regulations regulating such property assignments
and the terms of the government land grant remain the same. The Pattas (a type of land deed
issued by the government to an individual or organization), given there usually included a
provision stating that the lands assigned were heritable but not alienable, as well as several
additional stipulations. Every assignment includes a provision stating that the land will be
returned if the grant’s conditions are not met, in the hopes that such limitations will prevent the
impoverished landless people from losing the land allocated to them. However, previous
experience has demonstrated that large swaths of land allotted to landless impoverished people
have been alienated and are now in the hands of well-off people. The grant’s terms were
deemed to be inefficient and inadequate for achieving the government’s social goals.
There are no provisions in the current rules for punishing those who acquire such lands.
Efforts to give vast swaths of land to landless impoverished people have gone to waste. As a
result, to more effectively implement the aim, the Andhra Pradesh Assigned Lands
(Prohibition of Transfers) Act 1977 was created as protective legislation to prevent the
alienation of assigned lands to landless poor individuals and to provide for the penalty of
buyers of such lands.
Important points related to the Act
In the sense that it provides for the resumption, restoration, and distribution of the
Assigned Lands, the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act 1977 is a
self-contained code. Except for Section 2 of the Act, which took effect on January 21, 1977, the
remaining sections took effect on January 29, 2007. However, Section 3 (1) of the Act not only
prohibits the transfer of assigned lands on or after the Act’s commencement but also declares
that all transfers of Assigned Lands that occurred before the Act’s commencement are null and
void and that no right or title in such Assigned Land shall vest in any person acquiring the land
through such transfer.
Further, Section 3(3) of the Act says that any transfer or acquisition of government
lands or surplus lands allocated to landless poor individuals for cultivation or as a house site
under the condition of non-alienation made by purchase, gift, lease, mortgage, exchange, or
otherwise will be declared null and invalid under this Act.
Conditions under which the Act will not apply
If the requirements stipulated in Section 3(5) are met, the Act is not applicable. Section 3(5)
says that:
1. The buyer must be a destitute landless individual.
2. The acquisition must be made in good faith and at a fair price.
3. Before the effective date of this Act, the acquisition must be made from the original
assignee or transferee.
4. On the date of such beginning, the land thus bought is in possession for cultivation or
as a house site.
Consequences of breach of provisions mentioned under Section 3 of the Act
While Section 3 of the Act sets some restrictions on the transfer of allocated lands,
Section 4 of the Act outlines the repercussions of violating Section 3. Only Section 4 comes
into play if Section 3 is violated, i.e. alienation of the allocated land.
1. Under Section 4(1), the District Collector or any other officer, not below the rank of a
Mandal Revenue Officer can take possession of the assigned lands after evicting the
person in possession and reassign the said resumed land other than those lands or
areas as may be notified by the government from time to time in the public interest
and restore the assigned land to the original assignee or his legal heir, or if it is not
practically possible to do so, resume the assigned property to the government for the
assignment of landless poor people in line with the laws in effect at the time.
2. Provided, however, that the assigned land may not be restored to the original
assignee or his legal heir more than once, and that if the original assignee or his legal
heir transfers the assigned land after such restoration, it shall be returned to the
Government for assignment to another landless poor person.
3. Provided, further, if no qualified landless poor people in the village or area are
available, the reclaimed land will be used for public purposes.
4. Under Section 4(2), any order passed in revision under Section 4-B, and subject to
such order, the decision in appeal under Section 4-A, and subject to the said orders in
revision and appeal, any order passed under sub-section (1), shall be final and shall
not be questioned in any Court of law, and no injunction shall be
5. Granted by any Court in respect of any proceeding taken or about to be taken by any
officer or authorized person.
  Appeals and Revisions [Section 4A and Section 4B, respectively] – Section 4 A (1)
allows the Mandal Revenue Officer’s orders [passed under Section 4(1)] to be
appealed to the Revenue Divisional Officer within 90 days of receipt of the order.
The Revenue Divisional Officer’s order can be appealed to the District Collector
under Section 4 A (2).
 Under Section 4 B (1), there is also a provision for Revision to the District Collector or
the Government. Further, this section states that the District Collector or the
Government may also delay the judgment or order’s implementation awaiting the
exercise of their powers under sub-section (1).
Prohibition of registration of assigned lands
Under Section 5, no registering officer shall accept for registration any document
relating to the transfer of, or the creation of any interest in, any assigned land included in a list
of assigned lands in the district prepared by the District Collector and furnished to the
registering officer on or after the commencement of this Act, notwithstanding anything in
the Registration Act, 1908.
Exemption clause (Section 6)
According to Section 6, nothing in this Act applies to assigned lands held on the
mortgage by the State or Central Governments, any local authority, a co-operative society, a
scheduled bank, or any other financial institution-owned, controlled, or managed by a State
Government or the Central Government, as the Government may notify in this regard.
Penal provisions (Section 7)
The punishment for violating the Act’s requirements is outlined in Section 7 of the Act as
follows:
1. Whoever obtains any allotted land in violation of Section 3 sub-section (2) is
punishable by imprisonment for up to six months or a fine of up to two thousand
rupees, or both.
2. Whoever resists or obstructs the District Collector or any other person authorized by
him in taking possession of any allocated land under this Act is punishable by
imprisonment for up to six months or a fine of up to five thousand rupees, or both.
Furthermore, Section 2(A) talks about the imprisonment of the officers and says that
any officer who violates the requirements of Section 5 sub-sections (1) and (2) will be
penalized with either simple imprisonment for up to six months or a fine of up to ten
thousand rupees, or both.
 3. A court may not take cognizance of an offense punished under this section unless the
District Collector has given his prior approval.
Protections available
Section 8 of the Act, mentions the circumstances under which no suit can be filed against
the person. The following are the circumstances:
1. No litigation, prosecution, or other legal action shall be brought against any person,
official, or authority for anything done or intended to be done in good faith following
the Act or any rules promulgated thereunder.
2. There shall be no suit or other legal action brought against the Government for any
damage caused or likely to be caused, or for any injury suffered or likely to be
suffered, as a result of any provision of this Act, or for anything done or intended to
be done in good faith in pursuance of this Act or any rules made thereunder.
Amendments brought in the Andhra Pradesh Assigned Lands (Prohibition of Transfers)
Act with the change in society, the requirements and needs of people, the Act of 1977 was
amended many times.
The following are the amendments and clauses introduced in the act of 1977:
I. The Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 1989,
Act 32 of 1989
The Act of 1989 inserted the following clauses in the act:
1. There is an amendment under Section 4 of the 1977 act. In the sub-section (1) of
Section 4, the word “Mandal Revenue Officer” replaces the word “Tahsildar”.
2. Furthermore, in the sub-section (2) of Section 4, the expression “Any order passed in
revision under Section 4-B and subject to such order, the decision in appeal under Section 4-A
and subject to the said orders in revision and appeal, any order passed under sub-
section(1)” shall be substituted.
3. Also, with this Amendment, there was an inclusion of Section 4A and Section 4B.
The Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act,
2007(Act 8 of 2007)
The Act of 2007 inserted the following clause in the act
1. It brings an amendment under Section 4 of the Act. It substituted clause (b) and
clause (c) under sub-section (1) of Section 4.
2. Further, the Act substitutes Section 5 of the Act of 1977.
3. Also, the Act inserts an expression “Provided that any person who has voluntarily disclosed
and surrendered the assigned land in his possession or discloses and surrenders the assigned land
 in his possession within 90 days from the commencement of Andhra Pradesh Assigned Lands
(Prohibition of Transfers) (Amendment) Act, 2006 shall be exempted from Prosecution”,
4. under Section 7 (1) and the expression “(2A) Any Officer, violating the provisions under
sub-section (1) and (2) of Section 5 shall be punished with simple imprisonment which may
extend to six months or with fine which may extend to ten thousand rupees or with both”, after
sub-section (2) of Section 7.
The Andhra Pradesh Assigned Lands (POT) (Amendment) Act, 2008(Act 21 of 2008)
The Act of 2008, brings the following changes in the act of 1977:
1. The Act of 2008 brings the Amendment under Section 4 of the act of 1977. It
substitutes Section 4(1) (b) of the act.
The Andhra Pradesh Assigned Lands (POT) (Amendment) Act, 2019(Act 11 of 2019)
The Act of 2019, brings the following substitutions in the act of 1977:
1. The Act of 2019 brings amendment under Section 2 (1) of the act of 1977. It
substitutes the expression “lands assigned” with “lands or house sites assigned”.
2. Further, it substitutes the expression “landless poor persons” with “landless and homeless
poor persons”.
3. Furthermore, this Act brings Amendment under Section 3 of the act of 1977. It says
that after sub-section (2) under Section 3, the following sub-sections shall be inserted:
“(2A) No assignee shall transfer any assigned house site, and no person shall acquire any assigned house
site, either by purchase, gift, lease, mortgage, exchange, or otherwise, till completion of the period of 20
years from the date of assignment.
(2B) Where the assigned house site was alienated by the assignee as on the date of commencement of this
Act, such house site shall be regularized in favor of the alienee as a one-time measure.
(2C) The eligible family shall be assigned house site only once in a lifetime.”
3. Furthermore, the Act adds an expression under Section 3(3). It says that under Sub-
Section(3), after the expression “Sub-Section(2)” the expression “or Sub-
Section(2A)” shall be inserted.
The Andhra Pradesh Assigned Lands (POT) (Amendment) Act, 2021(Act 16 of 2021)
The Act of 2021, brings the following substitutions in the act of 1977:
1. The Act 2021 brings amendment to Section 3,for sub section 2A and 2B
“(2A) No assignee shall transfer any assigned house site or house constructed on any house
site, and no person shall acquire any assigned house site, either by purchase, gift, lease(except
in the case of lease to the A.P Green Energy Corporation Ltd ) mortgage, exchange, or
otherwise, till completion of the period of 10 years from the date of assignment.
 (2B) Where the assigned house site or house constructed on any assigned house site has already
been alienated by the assignee as on date of commencement of Act,and complies with sub
section 2(A)
Or
the assigned house site or house constructed on any assigned house site is proposed for
alienation duly compling with the sub section 2(A),such alienation shall be permitted as per
the procedure prescribed.
The Andhra Pradesh Assigned Lands (POT) (Amendment) Act, 2023(Act 35 of 2023)
The Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act,
2023 (Act No. 35 of 2023) introduces significant changes to the management and transfer of
lands assigned by the government to landless poor individuals. Enacted to empower
beneficiaries and streamline land administration, the Act amends specific provisions of the
original 1977 legislation.
Key Provisions of the Amendment Act:
1. Modification of Non-Alienation Conditions:
o The Act revises Section 2(1) of the principal Act to specify that the non-
alienation condition applies for
 20 years for lands assigned for agricultural purposes.
 10 years for lands assigned for house sites.
2. Post-Restriction Transfer Rights:
o Amendments to Section 3(2) allow original assignees or their legal heirs to
transfer assigned lands after the specified non-alienation period, provided they
follow prescribed procedures and do not require further government approval.
o If assigned lands are adjacent to non-agricultural lands as per the master plan,
the purchaser must compensate the seller at the current basic value of the
adjoining non-agricultural land.
3. Compensation for Land Acquisition:
Section 4(d) ensures that if assigned lands are resumed for public purposes,
assignees receive compensation equal to the market value, similar to other
landowners.
Implementation Timeline:
 Sections 2 and 3 are effective from July 31, 2023.
 Section 4 is effective from January 21, 1977.
 These amendments aim to provide greater autonomy to beneficiaries over assigned lands,
facilitating economic empowerment and aligning land transfer practices with contemporary
urban planning and development needs.
Amendment to the POT Rules 2007 (in view of Amendment to POT Act 35 of 2023):-
(Vide G.O.MS.No. 23, Revenue (Lands.I) Dept, dt.19.01.2024)
 Tahsildar shall publish a list of Original Assignees/Legal Heirs as per Section 3(2) of
the Act in Form-VI (for Agriculture Assigned Lands)/ in Form VII (for Assigned House
Sites).
 Tahsildar shall prepare list of Assigned Lands/ House Sites with names of Original
Assignees/Legal Heirs which are eligible for grant of free hold rights (u/r 8(a))
 Assignees entitled for payment of compensation equivalent to market value, where an
assigned land resumed in public interest for public purpose. (Rule 9(1)).
Executive Instructions on grant of freehold rights in terms of Act 35 of 2023:-
(G.O.MS.No. 596, Revenue (Lands.I) dept, dt.19.12.2023)
 Government issued Executive instructions to Revenue Officials on free hold rights to
Assigned Lands in terms of Act 35 of 2023 as well as other important Revenue matters.
 Lands reflected in Webland Adangal /POLR/22A GOs of 2017/ Old Adangal Entries/
Entries in 10(1) registers/ entries in ROH maintained by Registration Department/ Any
other record available with the Revenue Dept/ Pattadar Passbook issued more than 20
years ago etc., Such assigned lands shall be made Free hold. If the Assignee/Legal heir
is in possession of the said land. (Clause F(1)).
 If Ayan Conversion has already taken place for Water body / Thop/ Rastha/ Grazing
Porambokes are eligible under the Act 35 of 2023 (Clause F(2)).
 D-Patta issued but mismatch in Survey Number in possession & on record, the Survey
Number of Actual Land in possession should be made free hold (Clause F(3)).
 Lands recorded as Forest Land in RSR but assigned to landless poor and same is
recorded in revenue records, and where notification under AP Forest Act or Forest
Conservation Act of Govt. of India has not been issued made freehold (Clause F(6)).
 The CCLA in it’s circular memo no. BYB/8/2024, dt.16.05.2024 clarified that, the
provisions of Act 35 of 2023 are not applicable to the lands assigned by the Bhoodan
and Gramdan Board.