LexThe Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956
Andhra Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE ANDHRA PRADESH (ANDHRA AREA) INAMS (ABOLITION AND
CONVERSION INTO RYOTWARI) ACT, 1956
(Act No. XXXVII of 1956)
[14th December, 1956]
Sections
1. Short title, extent, application and commencement
2. Definitions
2-A. Transfer to, and vesting in the Government of all communal
lands, porambokes etc., in inam lands
3. Determination of Inam lands
4. Conversion of inam lands into ryotwari lands
5. Reinstatement of tenants who were in occupation of inam lands in
inam villages on the 7th January, 1948, but were evicted from such
lands before the commencement of this Act
6. Determination of the one third share of the inam land in the
occupation of a tenant
7. Grant of Ryotwari Pattas
8. Right of permanent occupancy to tenants in inam lands held by
institutions in inam villages
9. Procedure for evicting tenants having right of permanent occupancy
10. Inam lands to be leased after eviction of a tenant under Section 9
10-A. Application of the Act to Inam lands in Ryotwari or Zamindari
Villages
10-B. Conferment of ryotwari pattas on transferees of unenfranchised
inams
11 Application of Andhra Act XVIII of 1956
12. Liability of persons and institutions receiving ryotwari pattas to
ryotwari assessment etc
13. Tahsildar, Revenue Court and Collector to have powers of a Court
in certain matters
14. Bar of jurisdiction of Civil Courts
14-A. Revision
15. Act to override other laws
16. Power to remove difficulties
17. Power to make rules
THE ANDHRA PRADESH (ANDHRA AREA) INAMS (ABOLITION AND
CONVERSION INTO RYOTWARI) ACT, 1956
(Act No. XXXVII of 1956)
An Act to abolish and convert certain inam lands into ryotwari
lands.
Whereas it is expedient to abolish and convert certain inam lands
into ryotwari lands;
Be it enacted in the Seventh Year of the Republic of India as follows;
1. Short title, extent, application and commencement - (1) This Act may
be called the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion
into Ryotwari) Act, 1956.
(2) It extends to the whole of the State of Andhra, but applies only to
inam lands described in clause (c) of section 2.
(3) It shall come into force at once.
2. Definitions:- In this Act, unless the context otherwise requires ---
(a) ‘Collector’ means the Collector of a District;
(b) ‘Government’ means the State Government;
(c) ‘Inam land in the 1[and includes any land in the merged territory of
Banaganapalle in respect of which the grant in inam has been made, confirmed
or recognised by any f ormer Ruler of the territory] means any land in respect
of which the grant in inam has been made, confirmed or recognized by the
Government, 2[and includes any land in the merged territory of Banaganapalle
in respect of which the grant in Inam has been with or without his consent,
shall be punishable with imprisonment for a term which may extend to six
months or with fine which may extend to one thousand rupees or with both]
but does not include an inam constituting an estate under 3 [the Andhra
Pradesh (Andhra Area) Estates Land Act, 1908];
(d) ‘Inam village’ means a village designated as such in the revenue
accounts of the Government 4[and includes a village so designated immediately
before it was notified and taken over by the Govern ment under the Andhra
Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act,
1956];
(e) ‘Institution’ means a religious, a charitable or an educational
institution.
(f) ‘Prescribed’ means prescribed by rules made under this Act;
1 . Inserted by the Act No.3 of 1964
2 . Inserted by the Act No.3 of 1964
3 . Substituted by the short title by the Act No. IX of 1961
4. Added by the Act.No. III of 1960.
(g) ‘Revenue Court’ means the Court of the Revenue Divisional Officer
having jurisdiction over the area in which the inam lands are situate;
(h) ‘Ryotwari village’ means a village designated as such in the revenue
accounts of the Government;
(i) ‘Settlement’ includes resettlement;
(j) ‘Tahsildar’ means the Tahsildar having jurisdiction over the area in
which the inam lands are situate and includes a Deputy Tahsildar in charge of
the taluk or sub-taluk in which the inam lands are situate and an officer of the
Revenue Department not lower in rank than a Deputy Tahsildar empowered by
the Government in this behalf;
(k) ‘Zamindari village’ means a village designated as such in the revenue
accounts to the Government 1[and includes a village so designated immediately
before it was notified and taken over by the Government under the Andhra
Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act,
1956].
2[2-A. Transfer to, and vesting in the Government o f all communal lands,
porambokes etc., in inam lands – Notwithstanding anything contained in this
Act, all communal lands and Poorambookes, grazing lands, waste lands, forest
lands, mines and quarries, tanks, tank-beds and irrigation works streams and
rivers, fisheries and ferries in the inam lands shall stand transferred to the
Government and west in them free of all encumbrances.”]
3. Determination of Inam lands - (1) As soon as may be, after the
commencement of this Act, the Tahsildar, may suo motu and shall on
application enquire and determine-
(i). Whether a particular land in his jurisdiction is an inam land;
(ii). Whether su ch inam land is in ryotwari, zamindari or inam
village;
(iii). Whether such inam land is held by any institution.
3[(iv) Whether a particular Inam land is given with a burden/
condition to render service i.e., for performance of a religious or public charity
or as a remuneration for performance of certain customary services to such
Institution or Endowment
(v) Whether such Inam land burdened with serviceis held by
service holder, their lenant, alienee, or any other employee of the said
institution or Endowment or by any other person in any capacity in any other
manner.”.]
(2) Before holding such an enquiry, Tahsildar shall cause to be published
in the village or town where the inam lands are situate a notice in the
prescribed manner requiring every person or institution claiming an interest in
1. Added by Act No. III of 1960
2 . Insertion the new section by Act No.20 of 1975
3 . Added by the Act No.16 of 2013
any such inam land, to file before him, a statement of pa rticulars in respect of
1[items (i),(ii), (iii),(iv) and (v)] “items (i) in sub-section (1) within the prescribed
time.
(3) The Tahsildar shall thereafter give the persons or institutions
concerned a reasonable opportunity of adducing any evidence in support of
their cases and may also examine any relevant document in the possession of
the Government and give his decision i n writing in regard to items 2[(i), (ii), (iii)
(iv) and (v)] in sub-section (1) and communicate the decision to the person s or
institutions 3[XXX].
(4) Any person or institution aggrieved by a decision of the Tahsildar
under sub-section (3) may appeal to the Revenue Court within 60 days from
the date of communication of the decision 3[***] and the Revenue Court may
after giving the parties to the appeal a reasonable opportunity of being heard,
pass such orders on the appeal as it thinks fit.
(5) The decision of the Revenue Court under sub -section (4), and in case
no appeal is filed, the decision of the Tahsildar under sub -section (3) shall be
final.
(6) Every decision of the Revenue Court under sub -section (4) and if no
appeal is filed with in the period specified in sub - section (4) every decision of
the Tahsildar under sub- section (3), shall as soon as possible, be published in
the District Gazette, and in such other manner as may be prescribed.
(7) Every decision of the Revenue Court, a nd subject to such decision,
every decision of the Tahsildar under this section, shall be binding on all
persons and institutions claiming an interest in any such inam land
notwithstanding that such persons or institutions have not filed any
application or statement, or adduced any evidence or appeared or participated
in the proceedings before the Tahsildar or the Revenue Court, as the case may
be.
4. Conversion of inam lands into ryotwari lands – (1) In the case of an Inam
land in a ryotwari or zamindari v illage the person or institution holding such
land as inamdar on the date of commencement of this Act shall be entitled to a
ryotwari patta in respect thereof.
(2) In the case of an Inam land in an inam village-
(a) If such a land is held by any institution on the date of commencement
of this Act, such institution shall be entitled to a ryotwari patta in respect of
that land;
(b) If such a land is held by an inamdar other than an institution on the
date of commencement of this Act, and is in his actu al occupation on the said
date, the tenant who is declared to be in occupation of that land on the 7th
January, 1948, by the Revenue Court under sub-section (3) of Section 5, or the
Collector under sub -section (5) of that Section, as the case may be, shall be
entitled to a ryotwari patta for two thirds share of that land and the inamdar
1 . Substituted by the Act No.16 of 2013
2 . Substituted by the Act No.16 of 2013
3 . Omitted by the Act. No.III of 1960
shall be entitled to a ryotwari patta for the remaining one third share thereof:
and if no tenant has filed an application before the Revenue Court under sub -
section (2) of that Section within the period specified therein, the inamdar shall
be entitled to a ryotwari patta in respect of that land;
(c) if such a land is held by an inamdar other than an institution on the
date of commencement of this Act, but is in the occupation of a tenant on the
said date, the tenant who is declared to be in occupation of that land on the
7th January, 1948, by the Revenue Court under sub-section (3) of Section 5, or
the Collector under sub-section (5) of that Section, as the case may be, shall be
entitled to a ryotwari patta of two thirds share of that land and the inamdar
shall be entitled to a ryotwari patta for the remaining one third share thereof
and if no tenant has filed an application before the Revenue Court under sub -
section (2) of that Section within the period specified therein the tenant in the
occupation of the land on the date of commencement of this Act, shall be
entitled to a ryotwari patta for two thirds share of that land and the inamdar
shall be entitled to a ryotwari patta for the remaining one third share thereof.
(3) The one third share of the inam land in occupation of the tenant in
respect of which the inamdar is entitled to a ryotwari patta under clause (b) or
clause (c) of sub-section (2) shall be deemed to be the compensation payable to
the inamdar in lieu of the extinguishment of his rights in the two thirds share
of such land.
1[(4) Notwithstanding any thing contained in this Act, or any other law for
the time being in force, where an Inam land is with a burden to render service
or for performance of a religious or public charity, or as a remuneration for
performance of certain customary service, to an institution or endowment, no
person shall be entitled to Ryotwari patta, and the institution or Endowm ent
alone shall be entitled to Ryotwari patta for such inam land without any
restriction of extend and without the condition of personal cultivation.
Provided that where any person other than concerned charitable or
religious institution or endo wment obtained a patta for such Inam after the
commencement of the Andhra Pradesh (Andhra Area) Inam (Abolition and
Conversion into Ryotwari) Act, 1956, such patta shall and shall be deemed
always to have been null and void and no effect shall be given to such patta
granted.
Provided further that, no person, other than the person to whom the
Inam land was given to render service, or far performance of a religious or
public charity or as a remuneration for performance of certain customary
service, and who is in enjoyment of such Inam Land, shall be entitled to
continue in enjoyment of such land as long as the render such service for
which that Inam land was originally given.”.]
5. Reinstatement of tenants who were in occupation of inam lands in
inam villages on the 7th January, 1948, but were evicted from such lands
before the commencement of this Act - (1) Any tenant who was in
occupation of an inam land in an inam village on the 7th January, 1948, but
who is not in occupation thereof at the commencement of this Act having been
evicted from such land by or at the instance of the inamdar whether in
1 . Added by the Act No. 16 of 2013
execution of a decree or order of a Court or other wise, shall be entitled to be
restored to occupation of that land as hereinafter provided.
Explanation:- For the proposes of this Section the expression "inamdar"
includes an institution.
(2) Any tenant who is entitled to be restored to occupation of an inam
land under sub -section (1) may, within three months after the publication of
the decision of the Tahsildar or the Revenue Court, as the case may be, in the
District Gazette, under sub -section (6) of Secti on 3, file an application in the
prescribed form before the Revenue Court for a declaration that he was in
occupation of the inam land on the 7th January, 1948, and for restoration of
occupation thereof.
(3) When an application is filed under Sub-section (2), the Revenue Court
shall cause to be served in the prescribed manner, a notice requiring the
inamdar and if there is any other person who came into occupation of the inam
land after the 17th January, 1948, and is in occupation thereof on the date
commencement of this Act also the other person aforesaid, to file before it
within the prescribed period, objections if any, to the application and after
giving the tenant, inamdar and such other person, a reasonable opportunity of
being heard and after consid ering the objections, if any, filed before it pass an
order either allowing the application or dismissing it. In an order allowing
application, the Revenue Court may impose such conditions as it may consider
just and equitable including any conditions in r egard to reimbursement to the
inamdar or such other person, as the case may be, by the applicant in respect
of any labour done and any expenses incurred for the improvement of the land
by the inamdar or such other person during the period of his possession or
occupation, if there is no agreement between the parties as regards the rate
and manner of such reimbursement.
(4) Any person or institution aggrieved by an order of the Revenue Court
under Sub-section (3), may appeal to the Collector within sixty da ys from the
date of communication of such order1[XXX].
(5) Where any such appeal is filed, the Collector may, after giving the
parties to the appeal a reasonable opportunity of being heard, pass such orders
on the appeal as he thinks fit.
(6) Any order passed by the Collector under sub -section (5), and in case
where no appeal is filed, any order passed by the Revenue Court under sub
section (3), shall be final and every such order shall have the same effect as a
decree of Civil Court and shall be executable by the Revenue Court.
6. Determination of the one third share of the inam land in the
occupation of a tenant - (1) Where there is agreement between the tenant and
the inamdar as to the particular portion of the land to be given to inamdar
towards his one third share under clause (b) or clause (c) of sub sec. (2) of
Section 4, they shall file a joint statement befor e the Tahsildar to that effect
furnishing full particulars; where there is no such agreement, the tenant or the
inamdar, shall within the prescribed period make an application to Tahsildar
1 . Omitted by the Act.No. III of 1960.
for the determination of the portion of the inam land in the occupa tion of the
tenant to be given to the inamdar towards his one third share.
(2) On receipt of such an application the Tahsildar, shall cause to be
served in the prescribed manner a notice on the inamdar and the tenant, give
them reasonable opportunity of being heard and determine the particular
portion of the inam land to be given to the inamdar under clause (b) or clause
(c) of sub-section (2) of Section 4 towards his one third share. In so determining
the Tahsildar shall have due regard to the nature and value of the land and the
convenience of cultivation thereof.
(3) Any person aggrieved by a decision of the Tahsildar under sub-section
(2) may appeal to the Revenue Court within sixty days from the date of
communication of the decision and the Revenue Court may, after giving the
parties to the appeal a reasonable opportunity of being heard, pass such orders
on the appeal as it thinks fit.
(4) The decision of the Revenue Court under the Sub -section (3), and
where no appeal is filed, the decision of the Tahsildar under sub -section (2)
shall be final.
7. Grant of Ryotwari Pattas - (1) As soon as may be after commencement of
this Act and subject to the provisions of sub -section (4), the Tahsildar may suo
motu and shall, on application by a person or an in stitution, after serving a
notice in the prescribed manner on all the persons or institutions interested in
the grant of ryotwari pattas in respect of the inam lands concerned and after
giving them a reasonable opportunity of being heard and examining all the
relevant records, determine the persons or institutions entitled to ryotwari
pattas in accordance with the provisions of Section 4 and grant them ryotwari
patta in the prescribed form.
1[“Provided that, no person shall be entitled to Ryotwari patta in respect
of any Inam land and given to a service holder or other employee of an
Institution or endowment or tenant having permanent occupancy rights,
alienee or any other manner.
Provided further that, notwithstanding any thing inconsistent therewith
contained in any other law for the time being in force or any instrument
having effect by virtue of any such law, judgment, decree compromiose, order
of any judicial or quasi - judicial authority, any, Ryotwari Patta granted
before the commencement of this (Amendment) Act, 2011 to any service holder
or other employee of a charitable or religious institution or endowment shall
be valid so long as themselves or their lineal qualif ied descendants render
service for which the inam is given;
Provided also that if the Ryotwari pattadar on his lineal descendent or
their alienee failed to render service for the institution for which the land is
given, then the person in possession of land shall be evicted buy involking the
provisions of law relevant to such institution;
1 . Added by the Act No.16 of 2013
Provided also that the Ryotwari patta granded to tenant, alienee or to any
other person in any capacity in any other manner over such inam land is nu ll
and void and he shall be deemed as on encroacher who shall be dealt with
suitably by the relevant laws applicable to such charitable or religious
institution or endowment.”.]
(2) Any person or institution aggrieved by the grant of a ryotwari patta by
the Tahsildar under Sub -section (1) may appeal to the Revenue Court within
sixty days from the date of such grant, and the Revenue Court may, after giving
the parties to the appeal a reasonable opportunity of being heard pass such
orders on the appeal as it thinks fit.
(3) The decision of the Revenue Court under Sub -section (2) and where
no appeal is filed, the decision of the Tahsildar under sub -section (1) shall be
final.
(4) Where the Revenue Court declares under sub -section (2) that a
person or an institution different from the person or institution to whom a
Tahsildar has granted a ryotwari patta under sub -section (1) is entitled to a
ryotwari patta the Tahsildar shall cancel the ryotwari patta granted by him and
grant a fresh ryotwari patta in accordance with the decision of the Revenue
Court under sub-section (2).
(5) In the case of inam lands held by an inamdar other than an
institution in an inam village, if an application is filed under sub -section (2) of
Section 5 within the period specified in that sub-section, no tenant or inamdar
shall be granted a ryotwari patta under sub-section, (1) until the decision of the
Revenue Court under Sub -section (3) Section 5 or of the Collector under Sub -
section (5) of that Section, as the case may be, is given.
8. Right of permanent occupancy to tenants in inam lands held by
institutions in inam villages - (1) In the case of an inam land held by an
institution in an inam village, the tenant who is declared to be in occupation of
the inam land on the 7th January, 1948, under Section 5, or if there is no such
tenant, the tenant in occupation of the land on the date of commencement of
this Act, shall have a right of permanent occupancy in that land and the said
right shall be heritable and shall be transferable by sale, gift or otherwise.
1[Provided that in case of Inam Land held by a charitable or religious
institution or endowment, no tenant shall have a right or permanent
occupancy of the land.”.]
(2) Where any tenant having such right of permanent occupancy;
(i) fails to pay rent due by him to the institution
(a) in respect of a period immediately before the commencement of
this Act, within sixty days from such commencement; or
(b) in respect of a period after the commencement of this Act,
within sixty days from the date when the rent becomes payable ; or
1 . Added by the Act No.16 of 2013
(ii) uses, the land in any manner which materially impairs the value of
the land and renders it unfit for agricultural purposes ;
it shall be lawful for the institution to evict such tenant as provided in
Section 9.
Explanation:- For the purposes of this Section, Section 9 and Section
10, the expression "tenant" includes his successor -in- interest.
9. Procedure for evicting tenants having right of permanent occupancy -
(1) Any institution seeking to evict a tenant under sub -section (2) of Section 8,
may file an application before the Tahsildar for that purpose.
(2) Notwithstanding anything contained in sub -section (1) of Section 8,
an institution may apply to the Tahs ildar for the award of compensation in
addition to, or in lieu of eviction for the damage or waste caused by the
tenants; the institutions, may also apply for an order prohibiting the tenant
from damaging or wasting the land in any manner in case the tenan t is not
evicted.
(3) On receipt of such an application, the Tahsildar shall cause a notice
to be served in the prescribed manner on all the persons and institutions
concerned and after hearing their representations, if any, pass an order either
allowing the application or rejecting it. While passing an order allowing the
application for eviction, the Tahsildar may make such further orders as appear
to him to be just and equitable:
Provided that where the application is allowed, no tenant shall be evict ed
from the land until he has cut and gathered the crops raised by him on such
land.
(4) Any person or institution aggrieved by an order of the Tahsildar under
sub-section (3) may appeal to the Revenue Court within sixty days from the
date of communication of such order 1[XXX] and the Revenue Court may, after
giving the parties to the appeal a reasonable opportunity of being heard pass
such orders on the appeal as it thinks fit.
(5) The decision of the Revenue Court under Sub -section (4), and where
no appeal is filed, the decision of the Tahsildar under sub -section (3), shall be
final.
10. Inam lands to be leased after eviction of a tenant under Section 9 -
Where a tenant is evicted under Section 9 from in inam land the institution
holding the inam land shall after publishing a notice in the prescribed manner
lease out the said inam land.
2[10-A. Application of the Act to Inam lands in Ryotwari or Zamindari
Villages: - Notwithstanding anything contained in this Act, where the Revenue
Court either suo motu or on an application made to it within a period of six
months from the date of commencement of the Andhra Pradesh (Andhra Area)
1. Omitted by the Act No. III of 1960.
2 . Insert by the Act No.20 of 1975
Inams (Abolition and Conversion into Ryotwari) Amendment Act, 1975, is
satisfied, after making an enquiry, that a tenant of any inam land in a ryotwari
or zamindari village has possessed the right of permanent occupancy in that
land by virtue of any custom or usage having the force of law or any judgment,
decree or order of a competent Court it may make a declaration to that e ffect
and on such declaration the provisions of this Act shall apply to such inam
land as if such inam land is in an inam village:
Provided that where a ryotwari patta has already been granted to the
inamdar in respect of any inam land in any ryotwari or zamindari village prior
to the commencement of the Andhra Pradesh (Andhra Area) Inams (Abolition
and Conversion into Ryotwari) Amendment Act, 1975, any tenant of such land
who, on the date of such grant, possessed the right of permanent occupancy in
that l and by virtue of any custom or usage having the force of law or any
judgment, decree or order of a competent Court, shall, notwithstanding such
grant continue to possess the said right.
(2) Any person or institution aggrieved by an order of the Revenue Court
under sub-section (1), may appeal to the Collector within sixty days from the
date of communication of such order and the Collector may after giving the
parties to the appeal a reasonable opportunity of being heard, pass such orders
on the appeal as he thinks fit.
10-B. Conferment of ryotwari pattas on transferees of unenfranchised
inams:. - Where, before commencement of the Andhra Pradesh (Andhra Area)
Inams (Abolition and Conversion into Ryotwari) Amendment Act, 1975 an
inamdar, other than an insti tution, of any unenfranchised inam has sold or
otherwise transferred his interest in the inam land held by him, the transferee,
who has acquired the said interest in good faith and for valuable consideration,
or his successor in title, who is in possession of such land on the date of such
commencement, shall be, deemed to be the inamdar for the purpose of this
Act.”.]
11 Application of Andhra Act XVIII of 1956 – 1 [(1)] Subject to the
2[provisions of Sub -section (2), and Sections 8 and 9 ], the provisions of 3[the
Andhra Tenancy Act, 1956 (Andhra Act XVIII of 1956] , shall apply to the
tenancies in respect of inam lands governed by this Act.
2[(2)] If, in respect of any such land or any part thereof, the Tahsildar or
the Revenue Divisional Officer as the case may be, considers that the person in
occupation of such land or part is prima facie entitled to a ryotwari patta in
respect thereof under Section 4 no order for his eviction from such land or part
shall be passed under the Andhra Tenancy Act, 1956 (Andhra Act XVIII of
1956), until it is finally decided that he is not entitled to a ryotwari patta
thereto under Section 4.
12. Liability of persons and institutions receiving ryotwari pattas to
ryotwari assessment etc - (1) Every person or institution receiving a ryotwari
patta under this Act in respect of an inam land shall, with effect on and from
1 . Inserted sub-sections (1) and (2) by the Act No. III of 1960.
2 . Substituted for the expression by the Act No. III of 1960.
3 . Substituted by the Act No. IX of 1961.
the date of the grant of the ryotwari patta, be lia ble to pay to the Government
the ryotwari assessment as hereinafter provided.
(a) if a person or an institution is granted a ryotwari patta under this Act
in respect of an inam land which has been subjected to the assessment as
determined under the provi sions of the Andhra Inams (Assessment) Act, 1955
(Andhra Act XVII of 1995) ; the person or institution shall, notwithstanding
anything contained in any engagement, contract, grant or other law for the
time being in force be liable, to pay such assessment in respect of that land.
(b) If a person or an institution is granted a ryotwari patta under this Act
in respect of an inam land not falling under clause (a), the person or institution
shall, notwithstanding anything contained in any engagement, contract, grant
or other law for the time being in force, be liable to pay the ryotwari
assessment to the Government, with effect on and from the date on which he or
it is granted a ryotwari patta at the following rates:
(i) if a settlement notification is in fo rce in the village in which the
inam land is situated at the rates of assessment set out in such notification for
lands of the same taram and classification; and
(ii) in cases not falling under sub -section (i), at the rates of
assessment to be fixed by the Tahsildar with reference to settlement rates for
similar lands in the neighbouring ryotwari villages:
Provided that if any Jodi or Kattubadi is payable in respect of an inam
land to the landholder of an estate, the amount of such Jodi or Kattubadi sh all
be deducted from the assessment payable to the Government under this
Section.
Explanation:- If any quit rent, Jodi, Kattubadi or other amount of like
nature was payable to the Government in respect of any inam land immediately
before the granting of a ryotwari patta the assessment leviable on such inam
land under this Section shall be in lieu of such quit rent, Jodi, Kattubadi or
other amount aforesaid.
(2) (a) Before fixing the assessment, under clause (b) of sub -section (1),
the Tahsildar shall pu blish in the District Gazette, and in such other manner
as may be prescribed, a draft notification specifying the inam lands in respect
of which the assessment is proposed to be fixed under sub -section (1) and the
rates of such assessment, together with a notice specifying a date, not being
less than thirty days from the date of such publication, after which the said
draft shall be taken into consideration; and he shall confirm or modify such
assessment or pass such orders as he deems fit, after considering any
objections which may be made in respect of the said draft by the ryotwari patta
holder or other person interested before the specified date.
(b) Any person or institution aggrieved by a decision of the Tahsildar
under Clause (a) may appeal to the Revenue Court within the prescribed
period, and the Revenue Court may, after giving the parties to the appeal a
reasonable opportunity of being heard; pass such orders on the appeal as it
thinks fit.
(c) The decision of the Revenue Court under clause (b), and where no
appeal is filed the decision of the Tahsildar under Clause (a), shall be final.
(3) The inam lands and the rates of assessment fixed respect thereof
shall be published in the District Gazette, and such other manner as may be
prescribed.
13. Tahsildar, Revenue Court and Collector to have powers of a Court in
certain matters - The Tahsildar, the Revenue Court and the Collector shall
have the powers of a Civil Court trying a suit under the Code of Civil
Procedure, 1908 (Central Act V of 19 08), in respect of the following matters,
namely:
(a) summoning and enforcing the attendance of persons and examining
them on oath.
(b) requiring the discovery or production of documents,
(c) receiving evidence on affidavits, and
(d) issuing commis sions for inspection of lands and for examination of
witnesses or documents.
14. Bar of jurisdiction of Civil Courts - No suit or other proceeding shall be
instituted in any Civil Court to set aside or modify any decision of the
Tahsildar, the Revenue C ourt, or the Collector under this Act, except where
such decision is obtained by misrepresentation, fraud or collusion of parties.
1[14-A. Revision:. - (1) Notwithstanding anything contained in this Act, the
Board of Revenue may, at any time either suo motu or on application made to
it, call for and examine the records relating to any proceedings taken by the
Tahsildar, the Revenue Court or the Collector under this Act for the purpose of
satisfying itself as to the regularity of such proceeding or the co rrectness,
legality or propriety of any decision made or order passed therein; and if, in any
case, it appears to the Board of Revenue that any such decision or order
should be modified, annulled, reversed or remitted for reconsideration, it may
pass orders accordingly.
(2) No order prejudicial to any person shall be passed under sub -section
(1) unless such person has been given an opportunity of making his
representation.]
15. Act to override other laws - Unless otherwise expressly provided in this
Act t he provisions of this Act and of any orders and rules made thereunder
shall have effect notwithstanding anything inconsistent therewith contained in
any other law for the time being in force or any instrument having effect by
virtue of any such law.
16. Power to remove difficulties - If any difficulty arises in giving effect to the
provisions of this Act, the Government may make such orders, not inconsistent
1 . Inserted by the Act No.20 of 1975
with the said provisions, as appear to them to be necessary or expedient for the
purpose of removing the difficulty.
17. Power to make rules - (1) The Government may, by notification in the
1[Andhra Pradesh Gazette], make rules to carry out the purposes of this Act.
2[(2) 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 is 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 s tand 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]
1 . Substituted for the words by the APAO,1957.
2 . Substituted by the Act No. 20 of 1975