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 ………………………
……………………………..
…………………………..
