12.1.1 Inams, alienation and leases (Sections 75–82)

Explained

Section 75: inam lands.

• Covers inam lands granted for the upkeep of an institution or endowment, or for a religious, charitable or public service.
• Any lease, sale, gift, exchange or mortgage without the Government's prior permission is void. Act 27 of 2002 (from 26-08-2002) deleted the words "exceeding six years", so every lease of inam land, however short, now needs that permission.
• The Government may permit it when the deal is necessary for the institution's development, when the institution gains nothing by keeping or managing the land, or when the proposal is proper and reasonable.
• A sale of inam land follows the Section 80 procedure (Gazette notice, auction).

Section 76: service inams.

• Land granted to an archaka, servant or employee for serving the institution, before or after the Act: even if a ryotwari patta was issued in his name, the patta is deemed granted to the institution.
• Such land may not be transferred by purchase, gift, lease, mortgage, exchange or any other way; a transfer is void, even when made to carry out a court decree or an officer's order (S.76(4)).
• Whoever holds the land is treated as an encroacher.

Section 77: resumption of inam lands.

• Who: the Revenue Divisional Officer, on his own or on an application.
• Grounds (three):
  • the inamdar made a transaction that is void under Section 75;
  • the institution's service has stopped or can no longer be performed;
  • the holder failed to render the service for which the inam was granted, as per the institution's usage.
• Procedure: notice to the trustee, the Commissioner, the inamdar, the person in possession and the alienee; publication; objections heard after inquiry. The order is communicated and published.
• Result: the RDO grants the ryotwari patta in the name of the institution and puts it into effect (S.77(4)).
• Until resumption is complete, the RDO may make the holder pay for the services; the sum is recovered as arrears of land revenue (S.77(5)).

Section 78: appeal.

• Against the RDO's order under S.77(1), appeal to the District Collector within the prescribed time. The Collector gives notice to the Commissioner and the parties, then confirms, modifies or cancels.
• The Collector's order (or the RDO's, if no appeal) is final and cannot be questioned in any court.

Sections 79 and 80: buying and alienating property.

• S.79: no immovable property may be purchased for an institution without the Commissioner's prior permission. He permits only if the property is necessary or beneficial and the price is not excessive, after a Gazette notice and objections.
• S.80(1): an exchange, sale or mortgage of an institution's immovable property is void unless the Commissioner sanctions it. He sanctions only after a Gazette notice and objections, when the deal is prudent, necessary or beneficial, when the property brings no benefit, and when the consideration is adequate. The Act gives him no power to sanction a gift.
• Sale: by tender-cum-public auction, subject to the Commissioner's confirmation. The Government, recording reasons, may allow a sale otherwise than by auction for the institution's welfare.
• S.80(2): a lessee, licensee or mortgagee who uses the land or building so as to spoil its artistic, natural or religious character can have his lease, licence or mortgage cancelled by the Commissioner (reasons recorded, notice given). If he does not hand over, the Commissioner directs the Deputy Commissioner to act.
• S.80(3): the trustee uses or invests the sale money with the Commissioner's permission.
• S.80(4)–(7): the order goes to the Government and the trustee; the trustee or any interested person may appeal to the Government within 90 days; the Government may call for the record and revise, but must hear the party first, and may stay the order meanwhile.
• S.80(8): the section does not apply to short lettings for pilgrim amenities, stalls for flowers and puja articles, and festivals or exhibitions.

Section 81: unauthorised sale before the Act.

• A sale, exchange or mortgage made before the Act without the Commissioner's or Government's prior permission is void, as if it never happened. The property is deemed in the institution's possession; the holder is an encroacher.

Section 82: agricultural leases.

• S.82(1): agricultural leases running when the Act began were cancelled, except leases to a landless poor person.
• S.82(2): a landless poor tenant for not less than 6 years may buy the land at 75% of market value, paid in 4 equal instalments; he then gets a ryotwari patta. Land in municipalities and municipal corporations is excluded (Act 33 of 2007).
• Landless poor person: holds (owned or leased) not more than 2.5 acres wet or 5 acres dry, earns not more than ₹1,000 a month (₹12,000 a year) from other sources, and owns no house site over 200 square yards in an urban area. The Assistant Commissioner decides who qualifies (key, 2023).
• Small and marginal farmers who cannot buy may continue as tenants if they pay at least two-thirds (2/3) of the market rent. Limits: 0.25–2.50 acres wet, 0.50–5.00 acres dry; land above the limit is leased by public auction.
• S.82(3)–(4): lease period and manner as prescribed; non-agricultural leases and licences continue under the rules.
• S.82(5): the Andhra Area Tenancy Act, 1956 and the Telangana Area Tenancy and Agricultural Lands Act, 1950 do not apply to temple lands (Act 27 of 2002).
• Leasing practice: under the Lease of Agricultural Lands Rules, 2003 (G.O.Ms.No.379), temple agricultural land is leased by public auction, normally for 3 years.
• Case: the Supreme Court upheld the cancellation of leases under S.82 in State of A.P. v. Nallamalli Rami Reddi (asked 2023).

Inams Abolition Act and Ordinance 2 of 2019.

• The A.P. (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 converted minor inams into ryotwari tenure. Its 2013 amendment says no person gets a ryotwari patta for inam land granted with a burden of service to an institution.
• Ordinance 2 of 2019 (G.O.Ms.No.26, Law (F) Department, 23-02-2019) is an amendment to the 1956 Inams Act, about inam lands (asked 2026).