APTAC Agenda to Resolve Pattas
AGENDA
"A" The A.P. Tribes Advisory Council met on 28-12-1987, 08-02-1988, 29-02-1988, 21-03-1988 and 29-03-1988 to consider the question of implementation of the A.P. Scheduled Areas Land Transfer Regulation, 1959 and the amendments under consideration of the government. Among others, the Council considered the following important issues relating to the Regulation:-
• The proposal which was already agreed by the Tribes Advisory Council in its meeting held on 05-06-1984 to give retrospective effect to the Regulation from 14-08-1917 in Andhra region and 01-12-1949 in Telangana region along with a subsequent proposal of the government to validate transfer of lands from non-tribal to non-tribal or from tribal to non-tribal that took place prior to the Regulation-I of 1970 coming into force on 03-02-1970 provided such transfers were in accordance with the law that was in force prior to 03-02-1970; and
• The request of non-tribals to amend Regulation I of 1970 for facilitating transfer from one non-tribal to another non-tribal.
• In its final meeting dated 29-03-1988, the Tribes Advisory Council resolved to recommend to Government to amend the Regulation to give retrospective effect as proposed and to validate transfers from non-tribal to non-tribal or from a tribal to non-tribal that took place prior to 03-02-1970 if such transfers were in accordance with the law that was in force prior to that date.
• The Tribes Advisory Council did not agree to the request of the non-tribals to amend the Regulation for facilitating transfer of land from non-tribals to non-tribal. The Council recommended that the appropriate compensation payable to such of the non-tribals whose lands were taken over by Government may be worked out on the basis of the prevailing market value to mitigate the hardship to the non-tribals desirous of selling their lands.
• Meanwhile, the Chief Minister took a meeting of Floor leaders of Political parties on 09-04-1988 and all party Committee of Legislators unanimously recommended to government to repeal the Regulation-I of 1970, amending the A.P. Scheduled Areas Land Transfer Regulation, 1959, which invalidates all transfers of immovable property situated in scheduled areas between non-tribals. The Committee was of the opinion that such a provision which was not available in similar statutes in any part of the country was causing untold misery and hardship to non-tribal occupants validly in possession and enjoyment of land since a number of years. The Committee recommended to government that it may initiate immediate action to repeal the amending regulation of 1970 at the earliest.
• The recommendation at para 4 above is placed before the A.P. Tribes Advisory Council for consideration and recommendation to government under para 5 (5) of the Fifth Schedule to the Constitution of India.
"B" The District Collectors of East Godavari, Khammam and Vijayanagaram districts proposed to amend,
• A.P. (Andhra Scheduled areas) Estates (abolition and conversion into Ryotwari) Regulation of 1951
• A.P. Mahals (abolition and conversion into Ryotwari) Regulation-I/69
• A.P. Muttas (abolition and conversion into Ryotwari) Regulation-II/69
• A.P. Scheduled Areas Ryotwari Settlement Regulation-II/70
to declare the District Collectors and Agents to the Government as Appellate authorities instead of the Director, Survey & Settlement, Hyderabad . It was reported that large number of settlement pattas were irregularly issued under the above regulations to non-tribals though the tribals are actually in possession of the lands. Some of these land disputes resulted in law and order problems and in once case Kondamodalu, police had to open fire in which 2 tribals were killed. It was reported that these disputes were exploited by the left extremists to fan discontent among the tribals. The tribals, because of illiteracy and poverty are not able to go all the way to Hyderabad to file appeals for cancellation of these irregular patta and the Revenue Officers with their multi-farious duties are not in a position to pursue the cases in the Court of the Director, Survey & Settlement, Hyderabad .
• Therefore, the District Collectors requested for grounding the above (4) regulations, to empower the District Collectors to hear appeals from the Settlement Officers and also to take up appeals sue-motto.
• The proposals referred to in para (1) above are placed before the A.P. Tribes Advisory Council for consideration and recommendation to government under para (5) of the Fifth Schedule to the Constitution of India.
"C" There are large number of cases pertaining to the implementatio of protective Regulations where exparte stay orders were obtained by the non-tribals from the courts including the High Courts affecting the interests of the tribals. Therefore, a resolution may be passed by the Tribes Advisory Council to amend all the protective Regulations in the Scheduled Areas to restrict the power of stay of the courts including the High Court and to specifically declare that no stay should be granted without hearing both the parties.
"D" Andhra Pradesh (Telangana area) Tenancy and Agricultural Lands Act, 1950 notification issued under para 5 (1) of the Fifth Schedule of the Constitution of India - amending Section 38 E of the Act proposed to amend the notification.
In exercise of the powers conferred by Sub-Paragraph (1) of Paragraph 5 of the Fifth Schedule to the Constitution of India, the government of Andhra Pradesh hereby makes the following amendment to the notification issued with G.O.Ms.No. 266 Revenue (F1), Department, Dated 5 th March 1976 and published at page 1 of Part-I Extraordinary of the Andhra Pradesh Gazette, dated the 8 th March 1976.
The amendment hereby made shall be deemed to have come into force on the 11 th January 1979.
In the said notification in the figure and brackets "(5)" the figure and brackets "(C)" be substituted. |
