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Section 3: Levy of assessment on lands unauthorizedly occupied

The Telangana Land Encroachment Act, 1905

How current this text is

Text as published by India Code for the Government of Telangana (Revenue Department): the Andhra Pradesh Land Encroachment Act, 1905 as in force in the combined State on 2 June 2014, adapted to Telangana under section 101 of the Andhra Pradesh Reorganisation Act, 2014 by the Telangana Adaptation of Laws Order, 2016 (G.O.Ms.No.45, Law (F) Department, dated 01.06.2016), with amendments up to Act No.23 of 1980.

Section 16 is followed in this copy by the text of the provisions of Act XXV of 1958 on removal of difficulties and the effect of other laws, printed under the heading "The provisions as per Act XXV of 1958"; they are shown at the end of section 16 as printed.

1[(1)] Any person who shall unauthorizedly occupy any land which is 2[the property of Government] shall be liable to pay by way of assessment,-

(i) if the land so occupied forms an assessed survey number or part thereof, the full assessment of such number for the whole period of his occupation or a part thereof proportionate to the area occupied, as the case may be, provided that, for special reasons, the Collector or subject to his control, the Tahsildar or Deputy Tahsildar may impose the full assessment of such number or any lesser sum irrespective of the area occupied;

(ii) if the land so occupied be unassessed, an assessment on the area occupied calculated for the same period at the rate imposed on lands of a similar quality in the neighbourhood, or at the highest dry or wet rate of the village, as the case may be, or when no such rates exist in such manner as may be prescribed in rules or orders under section 8:

Provided that payment of assessment under 3[this sub-section] shall not confer any right of occupancy.

Explanation.- For the purposes of 4[this sub-section] occupation for an incomplete portion of a fasli may be deemed to be occupation for a whole fasli.

5[(2) In the case of any class of land which is ordinarily granted on lease or licence, the Government may levy, in addition to the assessment imposed under sub-section (1), a further sum equivalent to the annual rent or fee which would normally be realisable thereon.]

Footnotes in the official text

  1. 1.Section 3 was renumbered as sub-section (1), by Act XXV of 1958.
  2. 2.The words “the property of Government” were substituted for “Crown property” by the Adaptation of Laws (Amendment) Order, 1950.
  3. 3.Substituted for the words “this section” by Act XXV of 1958.
  4. 4.Substituted for the words “this section” by Act XXV of 1958.
  5. 5.Added by Act XXV of 1958.