The Andhra Pradesh Agricultural Land (Conversion For Non-Agricultural .
The Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act,2006Act 3 of 2006Keyword(s):Agriculture Land, Conversion, Collector, Revenue Decisional Officer, Mandal, Occupier, OwnerAmendment appended: 16 of 2012, 13 of 2018DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research(PRS). The contents of this document have been obtained from sources PRS believes to be reliable. Thesecontents have not been independently verified, and PRS makes no representation or warranty as to theaccuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not beavailable. Principal Acts may or may not include subsequent amendments. For authoritative text, pleasecontact the relevant state department concerned or refer to the latest government publication or the gazettenotification. Any person using this material should take their own professional and legal advice before actingon any information contained in this document. PRS or any persons connected with it do not accept anyliability arising from the use of this document. PRS or any persons connected with it shall not be in any wayresponsible for any loss, damage, or distress to any person on account of any action taken or not taken on thebasis of this document.
s. 3]the ANDHRA PRADESH AGRICULTURALincludes Joint Collector or any other officer not below the rank of the JointCollector authorized by the Government to exercise the powers andperform the functions of the District Collector under this Act;LAND (CONVERSION FORnon-agricultural PURPOSES) ACT, 2006Received the assent of the Governor on th,.(g)agricultural land or a part thereof is situated and includes any officer notbelow the rank of a Revenue Divisional Officer empowered by theGovernment to exercise the powers and perform the functions of theDecember, 2005 and the said'Januaiy,2006 in the Andhra PradeshRevenue Divisional Officer under this Act;(h) "Mandal Revenue Officer" means the Mandal Revenue Officer, in whosejurisdiction the agricultural land or a part thereof is situated, and[Act No. 3 of 2006]An Act to Regulate the Coincludes any Officer not below the rank of a MRO empowered by thePurposes and For Matters Connerfla V Sricultural Land to Non-AgriculturalRepeal the Andhra Pradesh Nnn aGovernment to exercise the powers and perform the functions of the rewith or incidental There to and to "- ' ltural Lands Assessment Act, 1963.oe It enacted by the Lepi siat-the Fifty-sixth year of the RenuhH1the State of Andhra Pradesh in India as follows:(1) This Act may be callpH i-u(Conversion for Non-Aerimif Andhra Pradesh Agricultural LandP) U «.ends .0 the(3) It shall *come into forcP"Revenue Divisional Officer" means, the Revenue Divisional Officerincluding Sub-Collector or Asst. Collector in whose jurisdiction thejassent is hereby first published on the 2-" 1Gazette for general information-373A.P. AGRICULTURAL LAND (CONVERSION FORNON-AGRICULTURAL PURPOSES) ACT, 2006 ' te of Andhra Pradesh.Notification, appointGovernment may, by2. Definitions:—Mandal Revenue Officer under this Act;(i)"Mandal Revenue Inspector" means the Mandal Revenue Inspector inwhose jurisdiction the agricultural land or a part thereof is situaKd andincludes any officer empowered by the Revenue Divisional Officer oexercise the powers and perform the functions of a Mandal RevenueInspector under this Act;«) -Prescribed- means prescribed by Rules made by the Government underthis Act*'k) -Notification- means a notification published in the Andhra PradeshQazett and t word -Notified" shall be construed accordingly;0 Occupier includes.monr liable to pay to the owner rent,In this Act unless the context oth r,, (a) Agriculture means-W the raising of any crop or garden produce; or( ") "'oi r-indL's arperson for the time being-ce» enttded toreceive, whether on his "wn accou ,raising of orchards; ormanager or receiver, f-eeanbiher per(111) the raising of pasture; oror charitable purpose, rent or pro(iv) Hay-ricks;structure constructed on such land(c)(e) "Cloyemmenr ml!lTthTstat(I) "Collector" meansagricultural land for* Agricultural land;of Andhra Pradesh;Collector in whose jurisdiction theconversion is applied for is situated and also2-1-2006";; o.M,.No,.93, Revenue372includes in respect of the landsP that have been leased out by the Stateagriculture;agricultural purpo es ange of land use from agricultural to non-educationalagricultural land or for theGovernment;Government for any(0 a lessee, if the land has been leanon-agricultural purpose; and(h) a local authority, if the land is*3 Tauthority and used income there from,for any non-agricultural purpose denving muse Conversion:—, non-agricultural) No agricultural land in the State s . pg ent authority,purpose, without the prior permission of the Compinto force with effect on and from the 2" January, 2006.
374THE ANDHRA PRADESH REVENUE LAWS MANUAL[S.3S. 6]375A.P. AGRICULTURAL LAND (CONVERSION FORNON-AGRICULTURAL PURPOSES) ACT, 2006(2) An application for such conversion of the agricultural land for nonagricultural purposes shall be made before the competent authority inthe form prescribed along with conversion '[tax] as specified underSection 4.ijk(3) If the conversion '[tax] so paid as per sub-section (2) is found to be lessthan the '[tax] prescribed under Section 4, a notice shall be issued bythe competent authority to the applicant within 30 days of the receiptof application intimating him the deficit amount.(4) The applicant shall pay the deficit amount indicated in the notice issuedunder 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 aboutthe deficit payment of conversion '[tax], it shall be deemed that theamount paid is sufficient for the purpose. rpnn«»c!t thirtv Hflvnro d H requested for shall either be issued,rejectedamount as the case may be,shallre the reasonssuch rejectionall hebe recordedin wnting andrejected,communicatedto theforapplicant:been given4. Power to levy and coUect conversion [tax]:—witn effectTneiiect on anda from the date of commencement conversionfor non(1)) Whhof this Act, [tax]every owneroroccupier of agncultureagriculturalas may be notified y0 (9%]of the basic value of the land in areasfiom time to time. agriculture land in the areas covered under ; ater Hyderabad Municipalhave to pay a conversion tax[Provided that the owner or Greater Visakhapatnam MunicipalColoration and Vijayawadaj Competent authority within sixty days after suchoffice of the competent authority or withinprescribefin ifh. fabad, Adilabad District and others 2007(6) ALT 430.request, within the timerequired permission shall be deemed to havevalued the land.)non-agricultural purposes, at the r(2) For the purpose of this secuon, thmanner as may be agricultural land for non-agricultural5. Authority competent to convert agricupurpose:, The Revenue Divisional Officer or any onotified by the Government in thisignds situated within his territorialshall be competent to order, in respec. ,j purpose to non-agriculturalJ '-'sdiction, conversion of land use from agncultural p rpPhr"Pose.CASE LAWq ,. for nomaCTicufturalSeacquisitiofof land RI land for non-agriculturalCASE LAW1 areas. Itis a different'" Sulate conversion of agricultural land ALA. Act not applicable to StatesDistrict at MacniiipatnamMachilioatnam andn w another 2008Prasadand136others v. District Collector, Krishn(2) ALTinheSd n the Stete Jnder l Tprovisions of A.p. Agricultural Land eminent domaincurtailed, controlled orf2006. R. Veera Raahnnn .f (Conversion for Non-Agricultural Purposes) ActMacMip.r: Zt:Zr S,2,'lLTT3?. " !dauthontynabuuwi.«av.x.,,JJ.accord pemis7om7nTw 7the Act'turned om to beS 'tt or curb indiscriminate conversionHotaccords permission to convert anothconcerned, whether the land is puSatyananda Patnaik and ' airman, Hyderabad and others 2010(5) residential, commercial, or any such, . Urban Development Authorityj rep. by its.roPenalty:AuthorityundertheAVofT97?'"?" 'i ' ''of layouts by Urban Developm or Gram Panchavat Insi 5tpauthorities such as Municipal Corporation,MunicipLegality. Hd?hfsof clearance /pen issio under the 2006 Act -(1) If any agricultural land has b pti pAct,suchclelalSnelf PUt to non-agricultural use before coming into force ofthe 2006(2) Upon such deemetlcleia?ce/prrmls?or3t''JH However,if the land has hpp concernedauthorities to insist on submission condition precedent for releasing ofBoth the 2006 Act and 1975 Art asthe Actis not retrospective inpromotion and develonmdifferent areas altogether. 1975 Act dealsland irrespective of ItQ i " bile 2006 Act places restrictions on the use oSvelZm!ntZ nty, rep. by its Vice-Chairman, HyderabadP tnaik andothersv.453.Hyderabad Urban2010(5)ALTSubs, for the words fee/fees" substituted by A.P. Act 16 of 2012.land,the matterobtaining the permieeion as requ'h dto have been converted into non-agnimpose a fine of50% o«rland specified under SecMn non-agricultural purpose without.competent authority sh lthe conversion'[tax]for the said,nanneT as may be prescnbed. 3) The owner or occupier ofthesub-section (2) m such manner aprescribed.ed undery2 S; rfigures"10%" subs,"fee/fees"by A.RruAct l6 by A.P. 'fl'stimtedAct 16 of 2012.oviso inserted bv A.P. Act 16 of 2012.ghall be deemed14-5-2012.
376THE ANDHRA PRADESH REVENUE LAWb MANUAL[S.7unpaid asafterspecifiedundersubvert(2)7for payment,shaUremainsbe recoverableperthethedateprovisionsof theAndhrarT esh Revenue Recovery Act, 1864.7. A«t not to apply to certain lands:—Nothing in this Act shall apply toauthority and used for ,any communal purposesso long as the land is not used fny(c) I d,Und,us«luoed forfor roKHo,?!reUgious or chariibrp".;"ootp Uot „of«SSnXe aCT '''8.involving traditionalas may be notified by the GovernmentAquaculture, Dairy and Poultry.]PP erbytheappUcant.apiJSbXrthe tL fof «he Revenue Divisional Officer may ffle anp ACASE LAWto preserve theobligation ofthe concerned DepartmentsofGoverninc constructionsaremadethereinSrUlfand others;2013(3)ALT 70-2013assignedand Me"Samithi.aUottedGajwelorv.DistrictCollector,9. Act to Override other Laws:—effect not withstanding an3dhing custom or usage having thf» f other law for the time being in force, or ai a court or y' theTau or judgment decree or order of10. Power to give directions:—for the Gove JS ent t f " effect to the provisions ofthis Act it shall be competentaufborfry or rrarbTdinrro St"13. Power to remove difficulties:—If any difficulty arises in giving effect to the provisions of this Act, the* ovemment may by order in the Andhra Pradesh Gazette make such14. Power to make rules:—(1) The Government may by notification make rules for carrying out allor any of the purposes of this Act.(2) Every Rule made under this Act shall immediately after it is made,be laid before the Legislative Assembly of the State, if it is in thesession and if it is not in session, in the session immediatelyfollowing, for a total period offourteen days which may be comprisedin one session, or in two successive sessions,if before theexpiration of the session in which it is so laid or the sessionimmediately following the Legislative Assembly agrees in making ymodification in the rule or in the annulment ofthe rule, the rule shallfrom the date on which thehave effect only in such modified form or stand ann ed as Aeshall be thout prejudice to the validity ofany thing previously donecase may be, so however, that any such modification or annulment 5. Repeal of Act 14 of 1963:(1) The Andhra Pradesh Non-Agricultural Lands Assessment Act, 1963is hereby repealed.(2) Upon such repeal,-(a) the provisions ofSection8ofthe Andhra Pradesh General ClausesAct, 1891 shall apply;11. Bar of Jurisdiction:—or otherCourt shall entertain anyunder Section 3or fin p a'" niodify, or question the validity of deficit [by any officer or authori HSection 6,or order or decision made or pa ofany thermatrfSg S Jo'surnr lr377Under that rule.consistent there th cont ril*H personfork vthinpwKA.p. AGRICULTURAL LAND (CONVERSION FORNON-ACRICULTURAL PURPOSES) ACT, 2006provisions not inconsistent with the purposes or provisions of this Act asappear to them to be necessary or expedient for removing the difficulty.la) Lands owned by the State Government;from tim to toer''s. 15) (b) all the outstanding arrears fromthe Andhra Pradesh Non-Agrrcultur L ds Assess 1963 as on the date ade Revenuerecovered under the provisionRecovery Act, 1864. aith:-proceedings shall be instituted against a y
Registered No. HSE/49[Price : Rs. 0-30 Paise.B {«§æþ{糧óþÔŒý Æ fç³{ èþÐèþ THE ANDHRA PRADESH GAZETTEPART IV-B EXTRAORDINARYPUBLISHED BYAUTHORITYNo. 16]HYDERABAD, MONDAY, MAY 14, 2012.ANDHRA PRADESH ACTS, ORDINANCES ANDREGULATIONS Etc.The following Act of the Andhra Pradesh Legislature, receivedthe assent of the Governor on the 10th May, 2012 and the saidassent is hereby first published on the 14th May, 2012 in the AndhraPradesh Gazette for general information.ACT No. 16 OF 2012.AN ACT FURTHER TO AMEND THE ANDHRAPRADESH AGRICULTURAL LAND (CONVERSIONFOR NON - AGRICULTURAL PURPOSES) ACT,2006.Be it enacted by the Legislature of the State of AndhraPradesh in the Sixty-third year of the Republic of India asfollows:-[1]A. 364
2ANDHRA PRADESH GAZETTE EXTRAORDINARY[Part IV-BShorttitle andCommencement.1. (1) This Act may be called the Andhra PradeshAgricultural Land (Conversion for Non-AgriculturalPurposes) (Amendment) Act, 2012.Amendment ofSection4.Act 3 of2006.2. In the Andhra Pradesh Agricultural Land (Conversionfor Non-Agricultural Purposes) Act, 2006 (herein afterreferred to as Principal Act) in section 4,-(2) Section 3 shall be deemed to have come intoforce with effect on and from the 2nd January, 2006 andthe remaining provisions shall come into force on suchdate as the Government may, by notification, appoint.(1) in sub-section (1) for the figures “10%”, thefigures “9%” shall be substituted;(2) after sub-section (1), the following proviso, shallbe added, namely,“Provided that the owner or occupier of agriculture landin the areas covered under Greater Hyderabad MunicipalCorporation, Greater Visakhapatnam Municipal Corporationand Vijayawada Municipal Corporation, shall have to pay aconversion tax for non-agricultural purposes, at the rate of5% of the basic value of the land.”.Amendment ofSection7.3. In section 7 of the principal Act, after item (e), thefollowing item, shall be added, namely,“(f) Lands used for Aquaculture, Dairy and Poultry.”4. In the Principal Act, for the word “fee/fees”, whereverit occurs, the word “tax” shall be substituted.A. SHANKAR NARAYANA,Secretary to Government,Legislative Affairs & Justice,Law Department.PRINTED AND PUBLISHED BY THE COMMISSIONER OF PRINTING AT LEGISLATIVE ASSEMBLY PRESS, HYDERABAD.2012
agricultural purpo es ange of land use from agricultural to non-(e) "Cloyemmenr ml!lTthTstat Agricultural land; (I) "Collector" means of Andhra Pradesh; agricultural land for Collector in whose jurisdiction the conversion is applied for is situated and also * 2-1-2006";; o.M,.No, .93, Revenue 372
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