The Andhra Pradesh Splitting up of Joint Pattas Act, 1965.
**THE ANDHRA PRADESH SPLITTING UP OF JOINT PATTAS ACT, 1965**

**(ACT No.2 of 1965)**

**ARRANGEMENT OF SECTIONS**

**SECTIONS**

1.  Short title and extent.

2.  Definitions.

3.  Splitting up of joint pattas.

4.  Transfer or grant of pattas.

5.  Appeals.

5-A. Revision.

6.  Power of Tahsildar and Collector.

7. Supply of copies of Orders of Transfer or grant of pattas to
Village Officers.

8.  Power to exempt land or class of land.

9.  Power to make rules.

10.  Act to override other laws, contracts, etc.


-----

**THE ANDHRA PRADESH SPLITTING UP OF JOINT PATTAS ACT, 1965**

**(ACT No.2 of 1965)**

(19[th] January, 1965)

**AN ACT TO PROVIDE FOR THE SPLITTING UP OF JOINT PATTAS IN THE**
**STATE OF ANDHRA PRADESH AND FOR MATTERS CONNECTED**
**THEREWITH,**

BE it enacted by the Legislature of the State of Andhra Pradesh in the Fifteenth
Year of the Republic of India as follows:
**1.  Short title and extent – (1) This Act may be called the Andhra Pradesh**
Splitting up of Joint Pattas Act, 1965.

(2) It extends to the whole of the State of Andhra Pradesh.

**2.  Definitions – In this Act, unless the context otherwise requires, -**

(a) ‘Collector’ means any officer in-charge of a revenue division
and includes a Deputy Collector, a Sub-Collector and an Assistant
Collector;

(b) ‘ Government’ means the State Government;

(c ) ‘joint holding’ means a parcel or parcels of land held by two or
more persons under a joint patta;

(d) ‘joint pattadars’ in relation to a joint holding means the persons
who hold land directly under the Government under a joint patta
or whose names are registered in the revenue records as joint
pattadars or as a joint occupants and who are jointly and severally
liable to pay land revenue in respect of such holding ;

(e) ‘land’ means a land which is used or is capable of being used
for purposes of agriculture, including horticulture, but does not
include land used exclusively for non-agricultural purposes;

(f) ‘pattadar’ means a person who holds land directly under the
Government under a patta or whose name is registered in the
revenue records as pattadar or as occupant and who is liable to
pay land revenue in respect of such land;

(g) ‘prescribed’ means prescribed by rules made under this Act;

(h) ‘Tahsildar’ means a Tahsildar within whose jurisdiction the
land or a part thereof is situate and includes a Deputy Thasildar in
independent charge of a taluk or sub-taluk and any other officer of
the Revenue Department not below the rank of Deputy Tahsildhar
empowered by the Government to exercise the powers and perform
the functions of the Tahsildar under this Act.

**3.  Splitting up of joint pattas - (1) Every joint patta granted to, or held by,**
joint pattadars immediately before the commencement of this Act, except the
granted to, or held by, a Hindu joint family, shall be split up in the manner
provided in sub-sections (2) and (3).

(2) Every joint pattadar shall be entitled for the grant of a separate patta
to him in respect of his share of land in the joint holding.


-----

1 [(3) The Tahsildar shall, after publishing notice in the manner
prescribed calling upon the joint pattadars and other persons known or
believed to be interested in the grant of separate pattas and after holding an
inquiry in the manner prescribed, by order determine the share of land of each
pattadar in the join holding and grant him a separate patta for that share. The
Tahsildar shall thereafter get the shares of the land sub-divided, where
necessary, in the manner prescribed. The costs incurred by the Government in
connection with such sub-division shall be determined and recovered in the
manner prescribed from the pattadars concerned in proportion of their shares]

(4) No person shall be registered in the revenue records as a joint
pattadar or granted joint patta in respect of a holding except in the case of a
Hindu joint family.

**4.  Transfer or grant of pattas - (1) Every person acquiring ownership of any**
land by succession, estate or intestate, or by sale, gift, exchange, partition or
by any other means shall be entitled for the transfer or grant of a patta for
such land.

2 [(2) The Tahsildar shall, after publishing notice in the manner
prescribed calling upon the owner and other persons known or believed to be
interested in the transfer of patta or the grant of patta for such land and after
holding an inquiry in the manner prescribed, by order, affect the transfer of
patta or grant patta for such land. The Tahsildar shall thereafter get such land
sub-divided, where necessary, in the manner prescribed. The costs incurred by
the Government in connection with such sub-division shall be determined and
recovered in the manner prescribed from the pattadars concerned in proportion
to their shares.]

**5. Appeal - Any person aggrieved by an order of the Tahsildar under section 3**
or section 4 may, within ninety days from the date of communication to him of
such order, appeal to the Collector. The decision of the Collector thereon shall,
subject to any judgment, decree or order of a competent court, or revision
under section 5-A, [3][or revision under section 5-A, be final].

**4[5-A. Revision - (1) The Collector may suo moto at any time call for and**
examine the records of the Tahsildar in respect of any decision, order or other
proceedings made under this Act, for the purpose of satisfying himself as to the
correctness or legality or propriety of any such decision or order or as to the
regularity of such proceedings and, if, in any case, it appears to him that such
decision, order or proceedings should be modified, annulled, reversed or
remitted for reconsideration, he may pass orders accordingly:

Provided that no order adversely affecting any party shall be passed
under this section unless he has been given an opportunity of making his
representation.

(2) The Collector may stay the execution of any decision, order or
proceeding of the nature referred to in sub-section (1) pending the exercise of
his powers under this section in respect thereof.]

**6. Power of Tahsildar and Collector - The Tahsildar and the Collector shall**
have the powers of a civil court while trying a suit under the Code of Civil
Procedure, 1908, in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person and
examining him on oath;

1 . substituted by Act No. 14 of 1968, s 2. Subsequently, substituted by Act No.34 of 1976, s 2.
2 substituted by Act No. 14 of 1968, s 3. Subsequently, substituted by Act No.34 of 1976, s 3.
3 substituted by Act No.34 of 1976, s 5.
4 . inserted by the Act No.34, s 5.


-----

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court
or office;

(e) issuing commissions for the examination of witnesses or
documents;

(f) any other matter which may be prescribed.

**7. Supply of copies of Orders of Transfer or grant of pattas to Village**
**Officers - The village karnam or patwari shall be supplied with a copy of every**
order made under section 3, section 4, [5][section 5 or section 5-A] for effecting,
in the manner prescribed, necessary changes in the revenue records
maintained by him.

**8.  Power to exempt land or class of land - The Government may, by general**
or special order and for reasons to be recorded therein, exempt any land or
class of land from all or any of the provisions of this Act.

**9. Power to make rules – (1) The Government may, by notification published**
in the Andhra Pradesh Gazette, make rules for carrying out the purposes of
this Act.

(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters, namely:
(a) the form and contents of pattas;

(b) the fees to be paid in respect of application for the issue of
certified copies of pattas.

(3) Every rule made under this section shall, immediately after it is
made, be laid before each House of the State Legislature if it is in 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 so laid or the
session immediately following both Houses agree in making any modification in
the rule or in the annulment of the rule, the rule shall thereafter 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.

**10.  Act to override other laws, contracts etc. - The provisions of this Act**
shall have effect notwithstanding anything inconsistent therewith in any other
law, custom, usage or agreement for the time being in force.

5 . substituted by the Act No.34 of 1976, s 7.


-----

