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ANDHRA PRADESH (ANDHRA AREA) INAMS (ABOLITION AND CONVERSION INTO RYOTWARI) ACT, 1956
ANDHRA PRADESH (ANDHRA AREA) INAMS (ABOLITION AND CONVERSION INTO RYOTWARI) ACT, 1956
37 of 1956
14th December, 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:
Section 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.
Section 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" means any land in respect of which the grant in inam has been made, confirmed or recognized by the Government, and includes any land in the merged territory of Banaganapalle in respect of which the grant inam has been made, confirmed or recognised by any former Ruler of the territory but does not include an inam constituting an estate under the Madras Estates Land act, 1908 (Madras Act 1 of 1908);
(d) "Inam village" means a village designated as such in the revenue accounts of the Government ; land includes a village so designated immediately before it was notified and taken over by the Government under the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Madras Act XXVI of 1948).
(e) "Institution" means a religious, a charitable or an educational institution;
(f) "prescribed" means prescribed by rules made under this Act;
(g)"Revenue Court" means the Court of the Revenue Divisional Officer having jurisdiction over the area in which the inam lands are situated:
(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 situated and includes a Deputy Tahsildar incharge of the taluk or sub taluk in which the inam lands are situated and an officer of the Revenue Department not lower 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 of the Government, and includes a village so designated immediately before it was notified and taken over by the Government under the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Madras Act XXVI of 1948).
Section 2A Transfer to, and vesting in the Government of all communal lands, porambokes etc., in inam lands
Notwithstanding anything contained in this Act all communal lands and porambokes, 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 vest in them free of all encumbrances.
Section 3 Determination of inam lands
(1) An 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 such inam land is in ryotwari, zamindari or inam village;
(iii) whether such inam land is held by any institution.
(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 any such inam land, to file before him, a statement of particulars in respect of items (i), (ii) and (iii) 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 in writing in regard to items (i), (ii) and (iii) in sub section (1) and communicate the decision to the persons or institutions concerned
(4) Any person or institution aggrieved by a decision of the Tahsildar under sub section (3), 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.
(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 no appeal is filed within 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, and subject to such decision, every decision of the Tahsildar under this Section, shall be binding on all persons and institutions claiming an interest 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.
Section 4 Conversion of inam lands into ryotwari lands
(1) the case of an inam land in a ryotwari or zamindari village 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 inam 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 actual 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 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 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 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.
Section 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 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 Section 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 for 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 considering the objections, if any, filed before it passes an order either allowing the application or dismissing it. In an order allowing the application, the Revenue Court may impose such conditions as it may consider just and equitable including any conditions in regard 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 days from the date of communication of such order
(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.
Section 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 before 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 for the determination of the portion of the inam land in the occupation 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.
Section 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 institution, 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.
(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 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.
Section 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 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.
(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
(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.
Section 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 Tahsildar 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 tenant 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 evicted 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 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, decision of the Tahsildar under sub section (3), shall be final.
Section 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.
Section 10A Application of the Act to Inam lands in Ryotwari or Zamindari Villages
(1) 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) 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 effect 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 land 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.
Section 10B 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 institution, 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 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.
Section 11 Application of Andhra Act XVII of 1956
(1) Subject to the provisions of Sub section (2), and Sections 8 and 9, the provisions of 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) 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.
Section 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 the date of the grant of the ryotwari patta, be liable 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 provisions 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 the 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 force in the village 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 shall 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 publish in the District Gazette, and 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.
Section 13 Tahsildar, Revenue Court and Collector to have powers of a Civil 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 1908), 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 commissions for inspection of lands and for examination of witnesses or documents.
Section 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 Court, or the Collector under this Act, except where such decision is obtained by misrepresentation, fraud or collusion of parties.
Section 14A 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 correctness, legality or propriety of any decision made or order passed therein; and if, 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.
Section 15 Act to override other laws
Unless otherwise expressly provided in this Act the 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.
Section 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 with the said provisions, as appear to them to be necessary or expedient for the purpose of removing the difficulty.
Section 17 Power to make rules
(1) The Government may, by notification in the Andhra Pradesh Gazette, make rules to carry out the purposes of this Act.
(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 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 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.
RULE:
ANDHRA PRADESH (ANDHRA AREA) INAMS (ABOLITION AND CONVERSION INTO RYOTWARI) RULES, 1957
In exercise of the powers conferred by sub section (1) of Section 17 of the Andhra Inams (Abolition and Conversion into Ryotwari) act, 1956 (Andhra Act XXXVII of 1956), the Governor of Andhra Pradesh hereby makes the following rules, namely:
Rule 1
These rules may be called the A.P. (A.A.) Inams (Abolition and Conversion into Ryotwari) Rules, 1957.
Rule 2
In these rules, unless there is anything repugnant the subject or context
(a) Act means the Andhra Pradesh (Abolition and Conversion into Ryotwari) Act, 1956 (Andhra Act XXXVII of 1956).
(b) Section means a Section of the Act.
(c) Form means a form appended to these rules.
Rule 3
(1) Every application under sub section (1) of Section 3 shall be in writing, and shall specify the name and address of the applicant, the location, description and extent of the land in respect of which he desires an enquiry to be held under the said section, and the nature of the interest claimed by the applicant in the said hand.
(2) The notice referred to in sub section (2) of Section 3 shall be in Form 1 and shall require every person or institution claiming an interest in the lands specified in such notice to file before the Tahsildar the statement of particulars referred to in the said sub section, within a period of thirty days from the date of publication of such notice.
(3) The notice referred to in sub rule (2) shall be published in the village or town where the lands specified in such notice are situate, in the following manner:
(i) by affixture in the Chavadi or if there is no Chavadi some conspicuous place in the village to town, and
(ii) by beat of tom tom in the village or town.
(4) A copy of the notice referred to in sub rule (2) shall also be affixed
(i) to the notice board of the Office of the Tahsildar concerned, and.
(ii) in a case where the lands specified in such notice are situate within a panchayat or a municipality, to the notice board of the office of such panchayat or municipality.
(5) A copy of the notice referred to in sub rule (2) shall also be served on the person or institution, if any, making an application under sub section (1) of Section 3, and on all other persons known or believed to be interested in the lands specified in the notice.
(6) The service of the notice referred to in sub rule (5), shall be effected either by delivering or tendering it to the person, and, in the case of an institution, to the trustee, manager, executive officer or other person in charge of the institution, or to his agent, or to any adult member of his family, or where none of the above courses is practicable, by affixing it at his last known place of residence or by sending it to his last known place of residence by registered post acknowledgment due.
(7) Every decision of the Tahsildar under sub section (3) of Section 3. or of the Revenue Court under sub section (4) of the said section, shall be in form 11: every decision of the Revenue Court under sub section (4) of Section 3 and if no appeal is filed within the period specified in the said sub section, every decision of the Tahsildar under sub section (3) of the said Section shall besides being published in the District Gazette, be also published
(i) by affixture in the chavadi, or, if there is no such chavadi, in some conspicuous place of the village or town in which the lands referred to in such decision are situated.
(ii) by beat of tom tom in the said village or town,
(iii) by affixture to the notice board of the Office of the Tahsildar concerned, and
(iv) in a case where the land specified in such decision is situate within a panchayat or a municipality, by affixture to the notice board of the office of such panchayat or municipality.
Rule 4
(1) Every application under sub section (2) of Section 5 shall be in Form III.
(2) The notice referred to in sub section (3) of Section 5 shall be in Form IV and shall require the inamdar and the other person, it any, referred to in the said sub section to file before the Revenue Court objections, if any, to the application filed under sub section (2) of Section 5, within a period of thirty days from the date of service of such notice.
(3) The notice referred to in sub rule (2) shall be served on the inamdar and the other person, if any referred to in sub section (3) of Section 5, and also on the person filing the application under sub section (2) of the said Section, in the manner specified in sub rule (6) of Rule 3.
Rule 5
(1) Every application under sub section (1) of Section 7, shall be in writing and shall specify the name and address of the applicant, the location, description and extent of the inam land respect of which the applicant prefers a claim for the grant of a ryotwari patta, and the grounds adduced in support of such claim.
(2) The notice referred to in Sub section (1) of Section 7 shall be in Form V and shall be served on all the persons or institutions interested in the grant of ryotwari pattas in respect of the inam lands specified in such notice, and also on the person or institution, if any, filing an application under the said sub section, in the manner specified in sub rule (6) of Rule 3.
Rule 6
(1) In granting a ryotwari patta under sub section (1) of Section 7, the Tahsildar shall proceed in the manner hereinafter provided.
(2) In the case of an inam land a ryotwari or zamindari village as determined under sub section (3) or sub section (4) of Section 3, the Tahsildar shall determine the person or institution who was holding such land as inamdar on the date of commencement of the Act, and grant to such person or institution a tyotwari patta in respect of the said land.
(3) In the case of an inam land held by any institution an inam village, as determined under Sub section (3) or sub section (4) of Section 3, the Tahsildar shall determine the institution holding such land on the date of commencement of the Act, and grant to such institution a ryotwari patta in respect of the said land.
(4)
(a) In the case of an inam held by an inamdar other than an institution in an inam village, as determined under sub section (3) or sub section (4) of Section 3, the Tahsildar shall
(i) record the extent of the land, in respect of which a tenant has been declared to be in occupation on the 7th January, 1948 under sub section (3) or sub section (5) of Section 5,
(ii) proceed to determine the extent of the land, in the actual occupation of the inamdar on the date of commencement of the Act, other than the land referred to in time (1), and
(iii) also determine the extent of the land, in the occupation of a tenant on the date of commencement of the Act, other than the land referred to in item (i).
(b) The Tahsildar shall grant to the inamdar a ryotwari patta in respect of the land referred to in item (ii) of clause (a).
(c) The Tahsildar shall, in respect of the lands referred to in item (i) and item (iii) of clause (a), issue a notice calling upon the inamdar and the tenant declared to be in occupation on the 7th January, 1948, or the tenant determined to be in occupation on the date of commencement of the Act, as the case may be, to file under sub section (1) of Section 6, a joint statement respecting the particular portion of the inam land to be given to the inamdar towards his one third share under clause (b) or clause (c) or sub section (2) of Section 4 and in the absence of any agreement between the inamdar and the tenant in regard to the said portion to make, within a period of thirty days from the date of service of such notice, an application under sub section (1) of Section 6, in duplicate specifying therein the particular portion of the land which, in the opinion of the applicant, may be given to the inamdar:
Provided that no such notice need be issued in regard to any land in respect of which a joint statement has already been filed by the inamdar and the tenant concerned, and such statement is conformity with the extents of the land as recorded and determined under clause (a).
(d) The notice referred to in clause (c) shall be in Form VI and shall be served on the inamdar and the tenant in the manner specified in sub rule (6) of Rule 3.
(e) The joint statement and the application referred to clause (c) shall specify clearly, by a sketch, if necessary, the particular portion of the inam land to be given to the inamdar, and shall be filed within the period specified in clause (c).
(f) Where a joint statement is filed by the inamdar and the tenant under sub section 6, Tahsildar shall grant ryotwari patta to the inamdar and the tenant in accordance therewith.
(g) Where no joint statement has been filed but an application has been filed under sub section (1) of Section 6, by the inamdar or the tenant or both within the time specified in clause (c), the Tahsildar shall proceed to determine under sub section (2) of Section 6, 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, and shall thereupon grant ryotwari pattas to the inamdar and the tenant in accordance with such determination.
(h) The notice referred to in sub section (2) of Section 6 shall be served on the inamdar and the tenant in the manner specified in sub rule 3.
(i) The notice referred to in clause (h) shall, when served on the inamdar, be accompanied with a copy of the application, if any filed by the tenant under sub section (1) of Section 6 and, when served on the tenant, be accompanied with a copy of the application, if any, filed by the inamdar under the said sub section.
(j) Where no joint statement, and no application either by the inamdar or the tenant has been filed under sub section (1) of Section 6 within the time specified in clause (c), the Tahsildar shall determine to the best of his judgment 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 and shall grant ryotwari pattas to the inamdar and the tenant in accordance with such determination.
Rule 7
The ryotwari patta, referred to in sub section (1) of Section 7, shall be in Form VIII.
Rule 8
(1) Every appeal under sub section (3) of Section 6 shall, in respect of the matters contained therein, be deemed to be an appeal under sub section (2) of Section 7, and every appeal under sub section (2) of Section 7, shall to the extent necessary, be deemed to be an appeal under sub section (3) of Section 6.
(2) If, in hearing an appeal under sub section (2) of Section 7, the Revenue Court arrives at a conclusion requiring the re determination of the particular portion of the inam land be given to the inamdar towards his one third share under clause (b) or clause (c) of sub section 4, it shall undertake such re determination, and the provision of sub rule (4) of Rule 6, shall as far as may be, apply thereto.
(3) Every order of the Revenue Court under sub section (2) of Section 7, shall be in accordance with such orders, if any, as it may pass under sub section (3) of Section 6.
Rule 9
(1) Every application under sub section (1) or sub section (2) of Section 9 shall be in writing and shall specify the names and addresses of the institutions and tenants concerned, the location, description and extent of the land in respect of which the application has been filed, the specific relief prayed for and the grounds adduced in support thereof.
(2) Every application referred to in sub rule (1) shall be accompanied with a spare copy or a sufficient number of spare copies thereof, for service on the respondent or respondents, as the case may be, mentioned therein.
(3) The notice referred to in sub section (3) of Section 9, shall be in Form IX, and shall be served on all the persons and institutions concerned in the manner specified in sub rule (6) of Rule 3, and shall in the case of the notice served on the respondent, be accompanied with a copy of the application.
Rule 10
The notice, referred to in Section 10 shall be in Form X and shall be published
(i) by affixture in the village chavadi, or if there is no such chavadi, in some conspicuous place of the village in which the lands specified in such notice are situated.
(ii) by beat of tom tom in the said village ;
(iii) by affixture on the notice board of the Office of the institution concerned.
Rule 11
(1) The draft notification and notice referred to clause (a) of sub section (2) of Section 12 shall be in Form XI and shall, besides being published in the District Gazette, be also published
(i) by affixture in the village chavadi, or if there is no such chavadi, in some conspicuous place in the village, in which the lands specified in the notification are situate;
(ii) by beat of tom tom in the said village; and
(iii) by the affixture to the notice board of the Office of the Tahsildar concerned.
(2) Every appeal under clause (b) of sub section (2) of Section 12 shall be filed.
(i) by a person or institution, to whom a copy of the order of the Tahsildar under clause (a) of Sub section (2) of Section 12, has been communicated under sub rule (1) of Rule 14, within a period or thirty days from the date of receipt of such order ; and
(ii) by any other person or institution, within a period of thirty days from the date of such order.
Provided that the Revenue Court may for sufficient cause condone any delay in the filing of the appeal.
(3) The particulars relating to the inam lands and the rates of assessment fixed in respect thereof under clause (a) or clause (b) of sub section (2) of Section 12 shall be published by a notification in Form XII in the District Gazette and also in the other modes specified in sub rule (10).
Rule 12
Every application under sub section (1) of Section 3, sub section (2) of Section 5, sub section (1) of Section 6, sub section (1) of Section 7, and sub sections (1) and (2) of Section 9 or every joint statement under sub section (1) of Section 6, shall bear a Court fee stamps of Re.1 and shall be presented in person or by agent or sent by registered post to the appropriate authority, and in his absence to the Head Ministerial Officer of his office.
Rule 13
(1) Every appeal under sub section (4) of Section 3, sub section (4) of Section 5, sub section (3) of Section 6, sub section (2) of Section 7, sub section (4) of Section 8 or clause (b) of sub section (2) of Section 12, shall be in writing and shall set forth concisely the ground thereof.
(2) Every appeal referred to in sub rule (1) shall bear a Court fee stamp of Rs. 3 and shall be presented in person or by agent or sent by registered post to the appropriate authority, and in his absence to the Head Ministerial officer of his office.
(3) Every appeal referred to in sub rule (1) shall be accompanied with an authentic copy of the order appealed against.
(4) Every appeal referred to in sub rule (1) other than an appeal under clause (b) of sub section (2) of Section 12, shall be accompanied by a spare copy or sufficient number of spare copies thereof for service on the respondent or respondents mentioned therein.
(5) The Revenue Court or the Collector shall, before hearing any appeal give notice to the parties concerned of the date on which, and the time and place at which, such appeal shall be heard.
(6) The notice referred to in sub rule (5) shall be in Form XIII, and except in the case of an appeal under clause (b) of sub section (2) of Section 12, shall in the case of a notice to the respondent be accompanied with a copy of the appeal.
(7) The notice referred to in sub rule (5) shall be served in the manner specified in sub rule (6) of Rule 3.
(8) The Revenue Court or court or the Collector, may, pending disposal of the appeal, stay the execution of the order of the Tahsildar or the Revenue Court, as the case may be, appealed against.
Rule 14
(1) Every order of the Tahsildar under sub section (3) of Section 3, sub section (2) of Section 6, sub section (1) of Section 7, sub section (3) of Section 9 and clause (a) of sub section (2) of Section 12, and every order of the Revenue Court under sub section (4) of Section 3, sub section (3) of Section 5, sub section (3) of Section 6, sub section (2) of Section 7, sub section (4) of Section 9, and clause (b) of sub section (2) of Section 12 and every order of the Collector under sub section (5) of the Section 5 shall be communicated to the parties either by delivering it to the person concerned or to any adult member of his family of where none of the above courses is practicable, by affixing it at his last known place of residence or by sending it to his last known place of residence by registered post acknowledgment due.
(2) Every decision or order of the Tahsildar, Revenue Court or Collector under the Act may be excluded by an officer of the Revenue Department not lower in rank than a Revenue Inspector.
Rule 15
(1) All proceedings before the Tahsildar, the Revenue Court or the Collector under the Act shall be summary and shall be governed as far as may be, by the provisions of the Code of Civil Procedure.
(2) Any party shall in any proceeding before the Tahsildar, the Revenue Court or the Collector, be entitled to be represented by his agent or legal practitioner:
Provided that the Tahsildar, the Revenue Court or the Collector, as the case may be, may at any stage of the proceedings require the party to appear in person.
(3) An institution may, in any proceeding referred to in sub rule (2) be represented by the Trustee, Manager of Executive Officer or other persons in charge of such institution.
Rule 16
The Tahsildar, the Revenue Court or the Collector may pending the disposal of the application or appeal, as the case may be, issue suitable orders of injunction in respect of the inam lands relating to which the application or appeal has been filed.
APPENDIX 1 Notice
FORM
FORM - 1
Notice
(See Rule 3)
Whereas it is proposed .. suo motu ....... ..... ........ .upon an application made in this behalf to hold an enquiry under Section 3 of the Andhra Pradesh Inams (Abolition and Conversion into Ryotwari) Act, 1956 (Andhra Act XXXVII of 1956), for the purpose of determining, in respect of the lands specified below
(i) whether the land is an inam land,
(ii) whether such inam land is in a Ryotwari, Zamindari or Inam Village,
(iii) whether such inam land is held by any institution. All persons and institutions claiming an interest in the said land are hereby required to file before undersigned, a statement of particulars in respect of items (i), (ii) and (iii) above, within a period of Thirty days from the date of publication of this notice.
And to appear before the undersigned on... .. .. (date) at.. (place) at..........(time) for the purpose of adducing any evidence in support of their cases.
Failing which the matter will be decided exparte and on the basis of the material available.
District......................
Taluk .......................
Village......................
T.D.No. S.No. Classification Extent Remarks (1) (2) (3) (4) (5)
Revenue Court Tahsildar
APPENDIX 2 Decision
FORM
FORM-2
Decision
(See Rule 3)
It is hereby notified that it has been finally decided by the Revenue Court .............. under sub section (4), Tahsildar.. .. ... ... under sub section (3) of Section 3 of the Andhra Pradesh Inams (Abolition and Conversion into Ryotwari) Act, 1956 (Andhra Act XXXVII of 1956), that the land specified below:
(i) is is not an inam land
(ii) is in a Ryotwari a Zamindari an inam village, and
(iii) is is not held by an institution
T.D.No. S.No. Classification Extent Remarks (1) (2) (3) (4) (5)
Revenue Court Tahsildar.
APPENDIX 3 Application
FORM-3
Application
[See Rule 4]
In the Court of the Revenue Divisional Office
Sir
I, Name of the applicant son wife of Name of father husband and residing at below on the 7th January, 1948, and was evicted thereform on date by or at the instance of the inamdar : and hereby apply under sub section (2) of Section 5 of the Andhra Inams (Abolition and Conversion into Ryotwari) Act, 1956, (Andhra Act XXXVII of 1946) for a declaration that was in occupation of the said land on the 7th January, 1948 and for restoration of occupation thereof.
District..........................
Taluk.............................
Village..........................
T.D.No. S.No. Classification Extent Remarks (1) (2) (3) (4) (5)
Your's faithfully,
Signature of the Applicant.
APPENDIX 4 Notice
FORM-4
Notice
[See Rule 4]
Whereas an application has been filed by name of the applicant son wife of name of father husband and residing at Addresses under sub section (2) of Section 5 of the Andhra Pradesh Inams (Abolition and Conversion into Ryotwari) Act, 1956 (Andhra Act XXXVII of 1956), for a declaration that he was in occupation of the Inam land specified below on 7th January, 1948 and for restoration of occupation thereof:
You are hereby required to file before undersigned, within a period of thirty days from the date of service of this notice, objections, if any, to the said application;
And to appear before the undersigned on ................... (date) at .................. (place), at .......... (time) for making any representation in respect of your case, and for adducing such evidence in support thereof as may be necessary.
Failing which the matter will be decided ex parte , and on the basis of the material available.
District........................
Taluk...........................
Village........................
T.D.No. S.No. Classification Extent Remarks (1) (2) (3) (4) (5)
APPENDIX 5 Notice
FORM - 5
Notice
[See Rule 55]
Whereas it is proposed suo motu on an application made this behalf to determine under Section 7 of the Andhra Inams (Abolition and Conversion into Ryotwari) Act, 1956 (Andhra Act XXXVII of 1956), the person or institutions entitled to a Ryotwari patta respect of the inam lands specified below in accordance with the provisions of Section 4 of the said Act.
You are hereby required to appear before the undersigned on (date) at .................. (place) (time) for making any representation in respect of the above matter, and for adducing such evidence in support of your case as may be necessary.
Failing which the matter will be decided exparte , and on the basis of the material available.
District........................
Taluk...........................
Village........................
T.D.No. S.No. Classification Extent Remarks (1) (2) (3) (4) (5)
APPENDIX 6 Notice
FORM - 6
Notice
[See Rule 6]
Whereas in the course of a proceeding under Section 7 of the Andhra Inams (Abolition and Conversion in Ryotwari) Act, 1956 (Andhra Act XXXVII of 1956) it has been determined that the inam land specified below has been held by ....(name)son wife of....(name of father husband) residing at ....................... (Address); as inamdar, on ................. date of commencement of the Act ........... And Whereas .................... (name) son wife of ............... (name of father husband) residing at .................... (Address has been declared to have been occupation of the said land on 7th January, 1948 under sub section (3) sub section (5) of Section 5 of the said Act, it has been determined in the course of the said proceeding that Sri ...................... (name) son wife of ................. (name of father husband) residing at (address) has been in the occupation on the said land on the date of commencement of the Act the said land not being a land in respect of which a tenant has been declared to have been in occupation on the 7th January, 1948 under sub section (3) or sub section (5) of Section 5 of the said Act;
The Inamdar and the tenant named above are hereby required to file before the undersigned under sub section (1) of Section 6 of the said Act, a joint statement in regard to the particular portion of the said land to be given to the inamdar towards his one third share under clause (b) or clause (c) of sub section (2) of Section 4 of the said Act, and, in the absence (b) of any agreement between the inamdar and the tenant in regard to the particular portion to be so given, to file before the undersigned within a period of thirty days of the date of service of this notice, an application under sub section (2) of Section 6, in duplicate, specify therein the particular portion of the said land, within the opinion of the applicant, may be so given to the inamdar.
District......................
Taluk..........................
Village.......................
T.D.No. S.No. Classification Extent Remarks (1) (2) (3) (4) (5)
Tahsildar
APPENDIX 7 Notice
FORM
FORM - 7
Notice
(See Rule 6)
Whereas an application has been filed under sub section (1) application have of Section 6 of the Andhra Pradesh Inams (Abolition and Conversion into Ryotwari) Act, 1956 (Andhra Act XXXVII of 1956) by the inamdar in respect of the inam land specified below, for ..................... tenant .................... inamdar and tenant the determination of the particular portion of the said land to be given to the inamdar towards his one third share under clause (b) or clause (c) of sub section 4 of the said Act.
You are hereby required to appear before the undersigned on [date] at ....................... [place] at ...................... [time] for making any representation in regard to the above matter, and for adducing such evidence in support of your case as may be necessary.
Failing which, t he matter will be decided ex parte and on the basis of the material available.
District Taluk Village
T.D.No. S.No. Classification Extent Remarks (1) (2) (3) (4) (5)
Tahsildar
A copy of the application filed by the the inamdar tenant is enclosed.
Tahsildar.
APPENDIX 8 Ryotwari Patta
FORM - 8
Ryotwari Patta
(See Rule 7)
In accordance with the provisions of Section 4 of the Andhra Pradesh Inams (Abolition and Conversion into Ryotwari) Act, 1956 (Andhra Pradesh Act XXXVII of 1956), .................. (name) son wife of .................... (name of father husband), residing at (address) shall hold the lands specified below under ryotwari tenure, and shall be liable to pay the ryotwari assessment in respect of the said lands in accordance with the provisions of Section 12 of the said Act, and such additional and other dues and amounts if any, as may be leviable, in respect of the said land.
District.................
Taluk...................
Village.................
S.No. Classification Extent Remarks (1) (2) (3) (4)
Tahsildar.
Manager
Trustee
Executive Officer or other person in charge of the institution
APPENDIX 9 Notice
FORM - 9
Notice
(See Rule 9)
Whereas an application has been filed by (name and address of institution) under sub section (1) sub section (2) sub sections (1) and (2) of Section 9 of the Andhra Inams (Abolition and Conversion into Ryotwari) Act, 1956 (Andhra Act XXXVII of 1956) in respect of the lands specified below;
You are hereby required to appear before the undersigned on (date) at .................... (place) ................... at ................ (time) for making any representations in respect of the above matter, and for adducing such evidence in support of out case as may be necessary.
Failing which, the matter will be decided ex parte and on the basis of the material available.
District........................
Taluk...........................
Village........................
S.No. Classification Extent Remarks (1) (2) (3) (4)
Tahsildar
APPENDIX 10 Notice
FORM
FORM - 10
Notice
(See Rule 10)
Whereas ................................. (name) son wife of ....................... (name of father husband) residing at ............................. (address) has been evicted from the lands specified below and held by ......................... (name and address of the institution), under Sec. 9 of the Andhra Inams (Abolition and Conversion into Ryotwari) Act, 1956 (Andhra Act XXXVII of 1956):
It is hereby notified that under Section 10 of the Said Act, it is proposed to lease out the said lands, and that any person desiring to make a representation in respect of the above proposal may submit his representation in writing so as to reach the undersigned on before ........................... (date).
District.......................
Taluk.........................
Village......................
S.No. Classification Extent Remarks (1) (2) (3) (4) Manager Trustee Executive Officer or other person in charge of the institution.
APPENDIX 11 Draft Notification and Notice
FORM - 11
Draft Notification and Notice
(See Rule II)
In pursuance of the provisions of clause (a) sub section (2) of Section 12 of the Andhra Inams (Abolition and Conversion into Ryotwari) Act, 1956 (Andhra Act XXXVII of 1956), it is proposed to fix in respect of the inam lands specified in the the schedule appointed hereto, assessment at the rates shown against them.
Notice is hereby given that the fixation of the assessment as specified in the Schedule, is proposed to be taken up for consideration on or after ......................... (date) and the inamdars of other persons interested in the said lands are required to lodge the undersigned on or before (date) a statement in writing of their objections, if any, to the proposed assessment.
Any objection statement which does not clearly specify the nature of the objector s interest in the land is liable to be summarily rejected.
SCHEDULE
District Taluk
Name of village T.D.No. Surveynumber Wet or dry Extent Quit rent, Kattubadior jodi payableto Government Kattubadi or jodipayable to thelandholder Proposed rates ofassessment Proposed assessment Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Tahsildar
APPENDIX 12 Final Notification
FORM - 12
Final Notification
(See Rule 11)
In exercise of the powers conferred by sub section (3) of Section 12 of the Andhra Pradesh Inams (Abolition and Conversion into Ryotwari) Act, 1956 lands specified in the schedule hereto appended, rates of assessment have been finally fixed as shown against them,
SCHEDULE
District Taluk
Name ofvillage T.D.No. Surveynumber Wet or dry Extent Quit rent, Kattubadior jodi payableto Government Kattubadi or jodipayable to thelandholder Rate ofassessment finally fixed. Finalassessment Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Tahsildar
APPENDIX 13 Notice
FORM - 13
Notice
(See Rule 13)
Whereas an appeal has been filed under sub section (4) of Section 3 sub section (4) of Section 5 sub section (2) of Section 7 sub section (4) of Section 9 Clause (b) of sub section (2) of Section (12) of the Andhra Inams (Abolition and Conversion into Ryotwari) Act, 1956 (Andhra Act XXXVII of 1956), against the order of the Tahsildar Revenue Court ....................... in ........................ dated ....................
And whereas you are mentioned as a part in the said appeal. Take notice that it is proposed to hear the appeal on ................... (date) at .................... (place) .................... time and that you may appear at the said hearing.
Failing which the appeal will be heard and decided ex-parte.
Revenue Court. Collector.
ORDER/SCHEME
ANDHRA PRADESH ADAPTATION OF LAWS ORDER, 1957
Whereas in pursuance of section 120 of the States Reorganisation Act, 1956 (Central Act XXXVII of 1956), the Governor of Andhra Pradesh may, for the purpose of facilitating the application in relation to the State of Andhra Pradesh of any law made before the 1st day of November, 1956, relating to a matter enumerated in List II or List III in the Seventh Schedule to the Constitution, by order, make such adaptations and modifications of the law as may be necessary or expedient; Now, therefore, in exercise of the powers conferred by the section aforesaid, the Government of Andhra Pradesh hereby makes the following Order, namely
Order 1
(1) This Order may be called The Andhra Pradesh Adaptation Of Laws Order, 1957.
(2) It shall be deemed to have come into force on the 1st day of November, 1956.
Order 2
(1) In this Order-
(a) "Andhra law" includes any enactment, ordinance, regulation, order, bye- law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the State of Andhra as constituted immediately before the appointed day, and relating to a matter enumerated in List II or List III in the Seventh Schedule to the Constitution;
(b) "appointed day" means the 1st day of November, 1956;
(c) "existing law" means an Andhra law or a Hyderabad law;
(d) "Hyderabad law" includes any enactment, ordinance, regulation,order, bye law, rule,scheme, notification or other instrument having the force of law immediately before the appointed day in the whole or in any part of the territories specified in sub section (1) of section 3 of the States Reorganisation Act, 1956 (Central Act XXXVII of 1956), and relating to a matter enumerated in List II or List III in the Seventh Schedule to the Constitution .
(2) The General Clauses Act, 1897 (Central Act X of 1897), applies for the interpretation of this Order as it applies for the interpretation of a Central Act
Order 3
(1) As from the appointed day, the Andhra laws mentioned in the First Schedule to this Order, * {the Hyderabad laws mentioned in the Second Schedule to this Order, and the Central Acts not being of local application mentioned in the Third Schedule to this Order}, shall, until altered, repealed or amended by a competent Legislature or other competent authority, have effect subject to the adaptations and modifications directed by those Schedules, or if it is so directed, shall stand repealed.
(2)
(a) Whenever an expression mentioned in column (1) of Part A of the Table hereunder printed occurs in an Andhra law or whenever an expression mentioned in that column of Part B of the said Table occurs in Hyderabad law (whether an Act, Ordinance, or Regulation mentioned in either of the Schedules to this Order or not), then, unless the subject or context otherwise requires, there shall be substituted therefore of, the expression set opposite to it in column (2) of the said Part A or, as the case may be, the said Part B, and there shall also be made in any sentence in which the expression occurs such consequential amendments as the rules of grammar may require.
THE TABLE
PART A
Andhra Laws
(1)
(2)
Government of Andhra
Government of A.P.
Governor of Andhra
Governor of A.P.
*[****]
*[****]
Andhra Legislative Assembly
A.P. Legislative Assembly.
Andhra Legislature
A.P. Legislature
Andhra Gazette
A.P. Gazette
PART B
Hyderabad Laws
Hyderabad State
State of Hyderabad
Mumaliki-i-Mahroosa-i-Sarkar-i-Ali
(in urdu laws)
Hyderabad area of the State of A.P.
Mumalik-i-Marroosa (in urdu laws)
Government
Sarkari-i-Aali(in urdu lass)
Government
Jarida Alamia
Jarida Alamia Sarkari-i-Aali
Jarida
Official Gazette.
Talukdar
Collector.
Awal Talukdar
Deputy or Assistant Collector.
Duwan Talukdar
(b) Nothing contained in clause (a) shall apply to the short title or the citation or description of an enactment:
(3) A direction in either of the Schedules to this Order that a specified existing law or section or portion of such law shall stand unmodified shall be construed merely as a direction that it is not to be modified or adapted in accordance with the provisions of this graph.
Order 4
The provisions of this Order which adapt or modify any law so as to alter the manner in which, the authority by which, or the law under or in accordance with which, any powers are exercisable, shall not render invalid any notification, order, commitment, attachment, bye law, rule or regulation duly made or issued, or anything duly done before the appointed day; and any such notification, order, commitment, attachment, bye law, rule regulation or thing may be revoked varied or undone in the like manner, to the like extent and in the like circumstances as if it had been made, issued or done after t he commencement of this Order by the competent authority and under and in accordance with the provisions then applicable to such a case.
Order 5
Nothing in this Order shall affect the previous operation of, or anything duly done or suffered under any existing law, or any right, privilege, obligation or liability already acquired, accrued or incurred under any such law, or any penalty, forfeiture or punishment incurred under any such law, or any penalty, forfeiture or punishment incurred in respect of any offence already committed against any such law.
SCHEDULE 1 SCHEDULE 1
SCHEDULE SCHEDULE
The Schedule is not printed as the amendments made if any in the schedule, have already been incorporated in the relevant enactments.
