THE ANDHRA PRADESH AGRICULTURAL LAND (CONVERSION FOR NON-AGRICULTURAL PURPOSE) RULES, 2006

THE ANDHRA PRADESH AGRICULTURAL LAND (CONVERSION FOR NON-AGRICULTURAL PURPOSE) RULES, 2006

[G.O.Ms.No. 1537, Revenue (Land Revenue), dated : 19-10-2006]

In exercise of the powers conferred by sub-section (1) of section 14 of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purpose) Act, 2006 (Act 3 of 2006), the Government of Andhra Pradesh hereby makes rules, namely:-

1.    Short title : - These rules may be called the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purpose) Rules, 2006.

2.    Definitions: -

In these rules unless the context otherwise requires –

(a) ‘Act’ means the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purpose) Act, 2006;

(b) ‘Form’ means the form appended to these rules;

(c) the raising of orchards ; or

(c) ‘Basic Value’ means the land value entered in the Basic Value Register notified by Government from time to time and maintained by the Sub-Registrar.

3.    Procedure for application for conversion: -

(i) The application for conversion of the Agriculture land for Non-Agriculture purpose shall be made in the form at Annexure-‘A’.

(ii) Notice for payment of deficit conversion fee shall be in the form at Annexure-‘B’.

(iii) The permission for acceptance of application shall be in form at Annexure-‘C’.

4.    Procedure to be followed by the Competent Authority :- The Competent Authority i.e. Revenue Divisional Officer who receive the applications for conversion of Agricultural Land for Non-Agricultural Purpose -

(a)  may cause such enquiry as may be necessary to determine whether the conversion applied for is objectionable or not;

(b)  may invite objections in this regard, if necessary;

(c)  may inspect or cause inspection of the land in order to determine whether or not the proposed conversion is objectionable;

(d)  shall  take cognizance of the Master Plan and such other land use restrictions in determining whether the proposed conversion is objectionable or not;

(e)  shall thereafter proceed to pass orders, ordering or rejecting the proposed conversion;

5.    Powers of Collector / Revenue Divisional Officer / Mandal Revenue Officer :-

(i) The Competent Authority or any other officer authorized by him, shall have power to enter upon, inspect, measure the land and do such other act or acts as are necessary for the determination of the area applied for conversion and fixation of conversion fee under the Act.

(ii) The Mandal Revenue Officer is empowered to such act or acts as entrusted by the Collector / Competent Authority under the Act.

(iii) The Collector shall have appellate powers against the orders passed by the Competent Authority.

(iv) The Collector may suo motu or an application can call for record, scrutinize to satisfy himself before or after the orders passed and to modify or anull any order or proceeding passed by the Competent Authority after giving notices and hearing the affected party.

6.    Mode of payment for conversion fee :-

(i) For the purpose of calculation of conversion fee the basic value as notified by government from time to time, for the land as on the date of application shall be taken into account.

(ii) The applicant shall pay the conversion fee prescribed under Section 4 of the Act by way of Challan payable into the Government treasury as specified by the Government from time to time to the relevant head of account.

(iii) Any person desires to ascertain the basic value, such person shall apply to the Competent Authority for furnishing of such basic value for such Survey No., Area etc., and the Competent Authority shall furnish such information within 15 days from the date of receipt of application.

(iv) In case of deemed conversion, the date for the purpose of calculation of basic value shall be the date earliest of the following dates :

(1)  Date of detection of conversion be Competent Authority.

(2)  Date of entry into village accounts by Village Officer / Panchayat Secretaries.

(3)  Date of application by Owner/Occupiers.

7.    Order of permission :- The Competent Authority shall issue necessary permission for conversion in the form at Annexure-‘C’.

8.    Penalty:-

(i) In case it has come to the notice of the Competent Authority that any Agriculture Land deemed to have been converted to Non-Agriculture purpose without obtaining any prior permission by any owner or occupant of such agricultural land, the same shall be deemed to have been converted into Non-Agriculture purpose and action shall be taken to levy such lands with such penalty as prescribed under Section 6 of the Act.

(ii) The Competent Authority issue notices to the owner/occupier of Agriculture Land deemed to have been converted to Non-Agriculture use under Section 6(1) calling upon him to pay 50% penalty over and above the conversion fee in the form at Annexure-‘D’ giving him time of 30 days to remit into Government account through a challan as specified at sub-rule (ii) of Rule 6.

Provided that a show cause notice shall be issued by the Competent Authority to the said owner or occupant of such agricultural land calling for explanation within fifteen (15) days as to why the penalty as provided under Section 6(2) shall not be imposed for conversion of Agricultural Land into Non-Agricultural purposes without obtaining prior permission.  On receipt of such explanation, the Competent Authority has to decide the actual extent of land converted into Non-Agricultural purpose and issue proceedings in the form Annexure-‘E’ informing the total amount including the penalty and the land conversion fee payable within fifteen (15) days from the date of receipt of such demand notice.

If any fee and penalty remains unpaid, within the time specified by the Competent Authority such fee and penalty is liable to be recovered under the provisions of the Revenue Recovery Act, 1864.

8.    Appeal: - 

(i) Every Appeal lies to the Collector against the orders of the Competent Authority within sixty (60) days from the date of receipt of the orders.  The appeal shall be accompanied by an authentic copy of the order appealed against and such appeal shall be duly stamped with a court fee lable of Rs. 3/- and any other fee as may be notified by the Government.

(ii) Collector shall observe the principles of natural justice in disposing off any appeal.

……………………………………………………………………………..

ANNEXURE – A

[See Rule 3(i)]

To

The Competent Authority and Revenue Divisional Officer,

…………………………….. Division,

…………………………….. District.

Sir,

Sub : - Land Conversion Act - ………………. Village, ………………….. Mandal, …………………… District – Sy.No. ……………., Ext…………. – Conversion of Agricultural Land to Non-Agricultural Purpose – Request – Regarding.

I, ………………………, S/o ……………………………, R/o ……………………….. submit that I am the Pattadar of Agricultural lands in Sy.No. …….. of …………… village, ……………………… Mandal, ……………………. District to an extent of …………………… .  I would like to convert Agricultural land specified in the Schedule into Non-Agricultural purpose.

I request the Competent Authority to accord necessary permission for the conversion of the said agricultural lands to Non-Agriculture purpose in terms of Section 4 of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purpose) Act, 2006 (A.P. Act No. 3 of 2006).  I enclose herewith a copy of challan bearing No. …….. dated ………………… for Rs……………. (Rs. ………………. Only) paid to the Government Treasury of ……………………… (V)/Town/City @ 10% basic value of the land towards conversion fee.

I hereby declare that the lands mentioned above are neither covered by any litigation / Court cases/encroachment nor these lands are assigned lands/ULC Surplus land/Agricultural Ceiling Surplus Land/Tank bed lands.

Yours faithfully

(……………..)

Address :

…………………….

……………………

……………………

Schedule

Sl.No.	Village, Mandal & District	Sy.No.	Total Extent (Sy.No. wise)	Extent for which permission for conversion sought	Remarks
(1)	(2)	(3)	(4)	(5)	(6)

…………………………………………………………………………………

ANNEXURE – B

[See Rule 3(ii)]

Office of the Competent Authority and Revenue Divisional Officer,

…………………………….. Division,

…………………………….. District.

Notice

File No.                                                                                    Dated :

Sub : -

Ref : -  Your application dated : ……………

Sri …………………………….., S/o …………………….., R/o …………………. is hereby informed that as per your application referred above, you have applied for conversion of Ac. …………… Gts./Cts. …………… you paid conversion fee along with your application Rs. ……………….. . Hence, there is a deficit conversion fee amounting to Rs. ………………………

Therefore, you are directed to remit the deficit amount of Rs. ……………… (Rs. …………… only) towards conversion fee to Non-Agricultural purpose with fifteen (15) days from the date of receipt of this notice.  If you fail to remit this deficit amount.  Your application shall not be processed further and will be returned to you after (30) days.

(Signature ………………………………..)

Office of the Competent Authority and Revenue Divisional Officer,

…………………………….. Division,

…………………………….. District.

To

Sri …………………….

S/o ………………………

R/o ………………………

……………………………..

…………………………..

Copy to the Mandal Revenue Officer, ………………………… Mandal, …………………. Division, ……………………………… District.

………………………………………………………………………

ANNEXURE – C

[See Rule 7]

Proceedings of the Competent Authority and Revenue Divisional Officer,

………………… Division, ………………….. District.

Present :

Proceedings No. :                                                                      Dated :

Sub : -

Ref : -  Your application dated : ……………

Order

Sri …………………………….., S/o …………………….., R/o …………………. Has applied for conversion of Agriculture land situated in Sy.No. ………., extent of Ac. ………., ……………………. Village, ……………….. Mandal, …………… District for the purpose of Non-Agriculture.  The request of the applicant is found to be consistent with the provisions of the Act.

Hence, the permission is hereby accorded for conversion of the Agricultural Land into Non-Agricultural purpose on the following terms and conditions :

1.     The permission is issued on the request of the applicant and he is solely responsible for the contents made in the application.

2.     The grant of permission cannot be construed that the contents of the application are ratified or confirmed by the authorities under the Act.

3.     The permissions confirms that the conversion fee has been paid under the Act in respect of above agricultural lands for the limited purpose of conversion into Non-Agricultural purpose.

4.     It does not confer any right, title or ownership to the applicant over the above Agricultural Lands.

5.     This permission does not preclude or restrict any authority or authorities or any person or persons or any individual or individuals or others, collectively or severally, for initiating any action or proceedings under any law for the time being in force.

6.     The conversion fee paid will not be returned or adjusted otherwise under any circumstances.

7.     The authorities are not responsible  for any incidental or consequential actions or any loss occurred to anybody or caused otherwise due to or arising out of such permission granted on any false declaration, claim or deposition made by the applicant.

8.     The authorities reserves the right to cancel the permission if it is found that the permission is obtained by fraud, misrepresentation or by mistake of face.

(Signature ………………………………..)

Office of the Competent Authority and Revenue Divisional Officer,

…………………………….. Division,

…………………………….. District.

To

Sri …………………….

S/o ………………………

R/o ………………………

……………………………..

…………………………..

Schedule

Sl.No.	Village, Mandal & District	Sy.No.	Total Extent (Sy.No. wise)	Extent for which permission for conversion sought	Remarks
(1)	(2)	(3)	(4)	(5)	(6)

…………………………………………………………………………………

ANNEXURE – D

Notice

[See Rule 8]

Government of Andhra Pradesh

(Revenue Department)

Ref No. :                                                                                  Dated :

Office of the Competent Authority and Revenue Divisional Officer,

…………………………….. Division,

…………………………….. District.

Sub : - Irregular Land Conversion from Agriculture to Non-Agriculture purpose – Levy of Penalty – Show Cause Notice – Issued.

It is noticed that the agricultural land in Sy.No. …………. Extent …………….., situated in ………………….. village, ……………….. mandal, ………………. District has been put to Non-Agricultural purpose without obtaining any permission as required under Section 3 of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purpose) act, 2006.

As per Section 6(1) of the said Act, it shall be deemed that the above said lands have been converted into Non-Agriculture purpose and it is liable to be imposed a fine of 50% in addition to the regular conversion fee.

The basic value of this land on the date of detection of conversion of land to Non-Agriculture use is Rs. ………….. per acre.  The conversion fee for Ac. ……… Gts./Cts. ………… is Rs. ………… . The 50% penalty works out of Rs. ………..

Therefore, Sri. ……………………….., S/o …………………… owner/occupant is requested to show cause why the penalty along with the conversion fee as stated in para (2) above should not be imposed within fifteen (15) days of receipt of this notice failing which, it is deemed that he has no explanation to offer and the penalty and conversion  fee will be levied as per the provisions of the said Act and the Rules made thereunder.

(Signature ………………………………..)

Office of the Competent Authority and Revenue Divisional Officer,

…………………………….. Division,

…………………………….. District.

To

Sri …………………….

S/o ………………………

R/o ………………………

……………………………..

…………………………..

…………………………………………………………………………………

ANNEXURE – E

 [See Rule 8]

Proceedings of the Competent Authority and Revenue Divisional Officer,

…………………………….. Division, …………………………….. District.

Proceedings No. :                                                                      Dated :

Sub : -

Ref :-

Order :

It is noticed that the agricultural land in Sy.No. …….., extent ………………., situated in …………………. Village, …………………… mandal, …………………… District has been converted to Non-Agricultural purpose without obtaining any permission as required under section 3 of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purpose) act, 2006 (Act No. 3 of 2006).

A show cause notice has been issued to Sri …………………………….., S/o …………………….., owner/occupant in the reference cited calling to show cause within fifteen (15) days from the date of receipt of the  notice, why a penalty along with conversion fee should not be imposed upon for conversion of the above said agriculture land without obtaining permission under the said Act.

(If explanation submitted) Sri …………………………….., S/o …………………….., has submitted explanation as called for and it has been considered and found to be valid/not valid for the reasons (to be specified in each and every case).

(If explanation not submitted) Sri …………………………….., S/o …………………….., has not submitted explanation as called for and it is deemed that he has no explanation to offer and as such the matter has been decided on material available.  The basic value of the land ascertained from the Sub-Registraar ………………….. village, ………………… mandal, ………………….. District is Rs. ……………….. per acre.  The extent converted to Non-Agriculture purpose is ………………….. Ac ………………. Gtrs./Cts. …………….. The total conversion fee computed is Rs. …………………..

In the circumstances explained above, penalty is imposed @ 50% on conversion fee stipulated under Section 1 of the Act for converting the agricultural lands in Sy.No. …….., extent ………………., situated in …………………. Village, …………………… mandal, …………………… District to Non-Agriculture purpose.  Sri …………………………….., S/o …………………….., R/o …………………. is hereby directed to pay Rs. i.e. Rs. …………… towards conversion fee and Rs. ……………… towards 50% of penalty on conversion fee.  The total amount should be paid within fifteen (15) days in the concerned government treasury and produce the copy of challan to the undersigned for regularization, failing which, the amount will be collected under the provisions of Revenue Recovery Act, 1864.

  

(Signature ………………………………..)

Office of the Competent Authority and Revenue Divisional Officer,

…………………………….. Division,

…………………………….. District.

To

Sri …………………….

S/o ………………………

R/o ………………………

……………………………..

…………………………..

THE ANDHRA PRADESH AGRICULTURAL LAND (CONVERSION FOR NON-AGRICULTURAL PURPOSE) ACT, 2006

THE ANDHRA PRADESH AGRICULTURAL LAND (CONVERSION FOR NON-AGRICULTURAL PURPOSE) ACT, 2006

(With Latest Amendments by Act 16 of 2012)

Received the assent of the Governor on the 30^th day of December, 2005 and the said assent is hereby first published on the 2^nd day of January, 2006 in the Andhra Pradesh Gazette for general information :

(Act 3 of 2006)

An Act to Regulate the Conversion of Agricultural Land to Non-Agricultural purpose and for matters connected therewith or incidental there to and to Repeal the Andhra Pradesh Non-Agricultural Lands Assessment Act, 1963.

Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fifty-Sixth year of the Republic of India as follows :

1.    Short title, extent and commencement : -

i.        This Act may be called the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purpose) Act, 2006.

ii.      It extends to the whole of the State of Andhra Pradesh.

iii.     It shall come into force on such date as the Government may, by notification, appoint. (02.01.2006)

2.    Definitions: -

In this Act unless the context otherwise requires –

(i) “Agriculture” means-

(a) the raising of any crop or garden produce ; or

(b) the raising of orchards ; or

(c) the raising of pasture ; or

(d) Hay- ricks ;

(ii) ‘Agriculture lands’ means lands used for agriculture ;

(iii) ‘Conversion’ means change to land use from agricultural to non-agricultural purposes ;

(iv) ‘Non-agricultural land’ means land other than Agricultural land;

(v) ‘Government’ means the State Government of Andhra Pradesh ;

(vi) ‘Collector’ means the District Collector in whose jurisdiction the agricultural land for which conversion is applied for is situated and also includes Joint Collector or any other not below the rank of the Joint Collector authorized by the Government to exercise the powers and perform the functions of the District Collector under this Act;

(vii) ‘Revenue Divisional Officer’ means, the Revenue Divisional Officer including Sub-Collector or Asst. Collector in whose jurisdiction the agricultural land or part thereof is situated and includes any officer not below the rank of a Revenue Divisional Officer empowered by the Government to exercise the powers and perform the functions of the Revenue Divisional Officer under this Act ;

(viii) ‘Mandal Revenue Officer’ means the Mandal Revenue Officer, in whose jurisdiction the agricultural land or a part thereof is situated, and includes any Officer not below the rank of a MRO empowered by the Mandal Revenue Officer under this Act ;

(ix) ‘Mandal Revenue Inspector’ means the Mandal Revenue Inspector in whose jurisdiction the agricultural land or a part thereof is situated and includes any officer empowered by the Revenue Divisional Officer to exercise the powers and perform the functions of a Mandal Revenue Inspector under this Act ;

(x) ‘Prescribed’ means prescribed by Rules made by the Government under this Act ;

(xi) ‘Notification’ means a notification published in the Andhra Pradesh Gazette; and the word ‘Notified’ shall be construed accordingly ;

(xii) ‘Occupier’ includes:

(i) Any person for the time being paying or liable to pay to the owner rent, or any portion of the rent, for the land or, for the structure constructed ;

(ii) A rent- free occupant ;

(xiii) ‘Owner’ includes any person for the time being receiving or entitled to receive, whether on his own account, or as agent, trustee, guardian, manager or receiver, for another person, or for any religious, educational or charitable purpose, rent or profits for the agricultural land or for the structure constructed on such land and includes in respect of the lands that have been leased out by the State Government or the Central Government ;

(i) a lessee, if the land has been leased out by the Government for any non-agricultural purpose ; and

(ii) a local authority, if land is vested in the local authority and used for any non-agricultural purpose deriving income there from.

3.    Land use Conversion: -

(1) No agricultural land the State shall be put to non-agricultural purposes, without the prior permission of the competent authority.

(2) An application for such conversion of the agricultural land for non-agricultural purposes shall be made before the competent authority in the form prescribed along with conversion fee as specified under Section 4.

(3) If the conversion fee so paid as per sub-section (2) is found to be less than the fee prescribed under Section 4, a notice shall be issued by the competent authority to the applicant within 30 days of the receipt of application intimating him the deficit amount.

(4) The applicant shall pay the deficit amount indicated in the notice issued under sub-section (3) within fifteen days of the receipt of such notice.

(5) In case no intimation is received by the applicant within 30 days about the deficit payment of conversion fees, it shall be deemed that the amount paid is sufficient for the purpose.

(6) In conversion permission request for shall either be issued, rejected in full or part by the competent authority within sixty days after such request is received on the officer of the competent authority or within thirty days after the receipt of the deficit amount as the case may be, provided that such request are rejected, the reasons for such rejection shall be recorded in writing and communicated to the applicant:

Provided that, if no order is passed on such request, within the time prescribed in sub-section (6), the required permission shall be deemed to have been given.

4.    Power to levy and collect conversion [tax]¹ :-

(1) With effect on and from the date of commencement of this Act, every owner or occupier of agricultural land shall have to pay a conversion [tax]¹ for non-agricultural purposes, of the rate of [9%]² of the basic value of the land in areas as may be notified by the Government from time to time.

[Provided that the owner or occupier of agriculture land in the areas covered under Greater Hyderabad Municipal Corporation, Greater Visakhapatnam Municipal Corporation and Vijayawada Municipal Corporation, shall have to pay a conversion tax for non-agricultural purposes, at the rate of 5% of the basic value of the land.]³

(2) For the purpose of this section, the basic value of the land shall be fixed in such manner as may be prescribed.

5.    Authority competent to convert agricultural land for non-agricultural purpose:-

The Revenue Divisional Officer or any officer to be notified by the Government in this behalf shall be competent to order, in respect of the lands situated within his territorial jurisdiction, conversion of land use from agricultural purpose to non-agricultural purpose.

6.    Penalty:-

(1) If any agricultural land has been put to non-agricultural purpose without obtaining the permission as required under Section 3, the land shall be deemed to have been converted into non-agricultural purpose.

(2) Upon such deemed conversion, the competent authority shall impose a fine of 50% over and above the conversion fee for the said land specified under Section 4 in such manner as may be prescribed.

(3) The owner or occupier of the land shall pay the fine so imposed under Sub-Section (2) in such manner as may be prescribed.

(4) Any [tax]¹ or penalty which remains unpaid after the date specified under sub-section (2) for payment, shell be recoverable as per the provisions of the Andhra Pradesh Revenue Recovery Act, 1864.

7.    Act not to apply to certain lands:- 

Nothing in this Act shall apply to-

(a) Lands owned by the State Government ;

(b) Lands owned by a local authority and used for any communal purposes so long as the land is not used for commercial purposes ;

(c) Lands used for religious or charitable purposes ;

(d) Lands used by owner for household industries involving traditional occupation, not exceeding one acre ;

(e) Lands used for such other purposes as may be notified by the Government from time to time;

[(f) Lands used for Aquaculture, Dairy and Poultry.]⁴

8.    Appeal: - 

Any person aggrieved by an order of the Revenue Divisional Officer may file an appeal before the Collector within sixty days of receipt of such order by the applicant.

9.    Act to Override other Laws:- 

The provisions of this Act shall have effect notwithstanding anything in consistent therewith contained in any other law for the time being in force, or any custom or usage having the force of law or contract or judgment decree or order of a court or any other authority

10. Power to give directions: - 

For the purpose of giving effect to the provisions of this Act it shall be competent for the Government to issue such directions as they may deem fit to any officer, authority or persons subordinate to the Government.

11. Bar of Jurisdiction: - 

Save as otherwise expressly provided in the Act, no Court shall entertain any suit, or other proceeding to set-aside or modify, or question the validity of deficit [tax]¹ under Section 3 or fine imposed under Section 6, or order or decision made or passed by any officer or authority under the Act or any rules made thereunder, or in respect of any other matter falling within its scope.

12. Protection of action taken in good faith: - 

No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act or under the rules made thereunder.

13. Power to remove difficulties: - 

If any difficulty arises in giving effect to the provisions of this Act, the Government may by order in the Andhra Pradesh Gazette make such provisions not inconsistent with the purposes or provisions of this Act as appear to them to be necessary or expedient for removing the difficulty.

14. Power to make rules: -

(1) The Government may by notification make rules for carrying out all or any of the purposes of this Act.

(2) Every Rules made under this Act shall immediately after it is made, be laid before the Legislative Assembly of the State, if it is in the 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 the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified 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.

15.  Repeal of Act 14 of 1963:-

(1) The Andhra Pradesh Non-Agricultural Lands Assessment Act, 1963 is hereby repealed.

(2) Upon such repeal,–

(a) The provisions of Section 8 of the Andhra Pradesh General Clauses Act, 1891 shall apply;

(b) All the outstanding arrears from individuals/institutions under the Andhra Pradesh Non-Agricultural Lands Assessment Act, 1963 as on the date of commencement of this Act shall be recovered under the provisions of the Andhra Pradesh Revenue Recovery Act, 1864.

-------------------------------------------------------------------------------------------------------------------

1. Subs. for "fee/fees" by Act 16 of 2012, w.e.f. 14-05-2012.

2. Subs. for "10%" by Ibid.

3. Added by Ibid.

4. Added by Ibid.