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ANDHRA PRADESH (ANDHRA AREA) INAMS (ASSESSMENT) ACT, 1955
ANDHRA PRADESH (ANDHRA AREA) INAMS (ASSESSMENT) ACT, 1955
17 of 1955
26th November, 1995
An Act for the levy of full assessment on certain inam lands in the Andhra Area of the State of Andhra Pradesh. Whereas it is expedient to provide for the levy of full assessment on certain inam lands in the Andhra Area of the State of Andhra Pradesh. Be it enacted in the Sixth Year of the Republic of India as follows:-
Section 1 Short title, application and commencement
(1) This Act may be called the Andhra Pradesh (Andhra Area) Inams (Assessment) Act, 1955.
(2) It applies to all inams in the Andhra Area of the State of Andhra Pradesh. described in Section 2 (b).
(3) It shall come into force at once.
Section 2 Definitions
In this Act, unless the context otherwise requires,
(a) "Collector" means a Revenue Divisional Officer and includes any person appointed by the State Government, whether by name or virtue of his office, to exercise any of the functions of a Collector under this Act;
(b) "Inam" means an inam land as defined in clause (c) or on assignment of land revenue on such inam land;
(c) "Inam land" means any land the grant of which an inam has been made, confirmed or recognised by the Government, and includes an inam land in a ryotwari area and any land in the merged territory of Banganapalle in respect of which the grant in inam has been made, confirmed or recognised by any former Ruler of that territory but does not include an inam constituting an estate under the Andhra Pradesh (Andhra Area) Estates Land Act, 1908;
(d) "prescribed" means prescribed by rules made under this Act;
(e) "settlement" includes resettlement.
Section 3 Levy of full Assessment
(1) Notwithstanding anything contained in any engagement, contract, grant or other law for the time being in force, it shall be lawful for the State Government to levy on every inam land, with effect from the fasli year commencing on the 1st July, 1955, an assessment at the following rates ;
(a) if a settlement is in force 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;
(b) in cases not falling under clause (a), at the rates of assessment to be fixed by the Collector with reference to settlement rates for similar lands in neighbouring ryotwari villages;
Provided that if any jodi or kattuabadi is payable in respect of an inam to the landholder of an estate, the amount of such jodi or kattuabadi shall be deducted from the assessment payable to the State Government under this Section ;
Provided further that in the case of an inam granted on service tenure which is proved to consist of an assignment of land revenue only, no assessment under this sub section shall be leviable and the inamdar shall be liable to pay only the quit rent, jodi, kattubadi or other amount of a like nature, if any, which, he has been paying before the commencement of this Act;
Provided also that no assessment under this sub section shall be leviable where a service inam belongs to any of the following classes of inams, namely (i) village carpenter, (ii) village black smith, (iii) village barber (iv) village washerman, (v) village potter, (vi) village purohit or priest (vii) village astrologer, (viii) village archaka, (ix) village vetti, (x) village nirganti, (xi) village madiga and such other service inams which the State Government may by special or general order notify in that behalf in the Andhra Pradesh Gazette, and the holder of such inam shall be liable to pay only the quit rent, jodi, kattubadi or other amount of a like nature, if any, which he has been paying before the commencement of this Act, provided that the inamdar continues to be in possession and enjoyment of the inam land. Explanation:- If any quit rent, jodi, kattubadi or other amount of a like nature was payable to the State Government immediately before the commencement of this Act in respect of any inam, the assessment leviable on such inam under this Section shall be in lieu of such quit rent, jodi or other amount aforesaid.
(2)
(a) Before making the assessment, the Collector shall publish 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 levied under sub section (1) and the rates of such assessment together with a notice specifying a date not being less than one month from the date of such publication, at or after which such draft will be taken into consideration, and shall confirm or modify the assessment or pass such orders as he deems fit after considering any objections which may be made in respect of the draft by the inamdar or other person interested before the specified date and after making such enquiry, if any, as he deems fit;
(b) Any person deeming himself aggrieved by a decision of the Collector under clause (a) may prefer an appeal to the District Collector within the prescribed period, and the District Collector may, after giving the appellant an opportunity of being heard, pass such orders on the appeal as he thinks fit;
(c) The decision of the District Collector under clause (b), and in case where no appeal has been preferred the decision of the Collector under clause (a), shall subject to provisions of this Act, be final and shall not be liable to be questioned in a court of law.
(3) The inam lands and rates of assessment leviable thereon as finally decided, shall then be published in the District Gazette and in such other manner as may be prescribed.
Section 4 Presumption in the case of service inams
In the case of an inam granted for the purpose of any service, it shall be presumed, in the absence of evidence to the contrary, that the inam consists not merely of an assignment of land revenue payable in respect of the land but also of the land.
Section 5 Resumption of service inams
Nothing contained in this Act shall be deemed to affect the power of the State Government to resume any inam in accordance with the rules and orders in force.
Section 6 Rights as between inamdar and other persons not affected
Nothing contained in this Act shall be deemed to define, limit, infringe, or destory the rights as between the inamdar and other persons, if any, in possession or enjoyment of the inam land.
Section 7 Power to correct mistakes
If the State Government are satisfied that in any notification published under sub section (3) of Section 4, there is any error, including any clerical or arithmetical error, or error arising from any accidental slip or omission, they may by notification in the District Gazette concerned, correct such error.
Section 8 Delegation of powers
The State Government may, by order, direct that any power or duty which is conferred or imposed on them by this Act shall, in such circumstances and under such conditions, if any, as may be specified in that direction, be exercised or discharged by such officer or authority as may be specified by them. The exercise of the powers so delegated shall be subject to control and revision by the State Government.
Section 9 Power to remove difficulties
If any difficulty arises in giving effect to this Act, the State Government may, as occasion may require, by order do anything which appears to them necessary for the purpose of removing the difficulty.
Section 10 Power to make rules
(1) The State Government may, by notification in the Andhra Pradesh Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for
(a) the procedure to be followed by the Collector and the District Collector in inquiries and appeals under this Act;
(b) the manner of publication of notification under Section 3, sub sec. (2) and(3).
(3) All rules made under this Section shall be published in the Andhra Pradesh Gazette and upon such publication shall have effect as if enacted in this Act. The rules so made shall be placed on the table of the Legislative Assembly as soon as possible after they are published and shall be subject to such modifications, whether by way of repeal or amendment, as the Assembly may make within fourteen days during the session in which they are so laid.
ANDHRA PRADESH (ANDHRA AREA) INAMS (ASSESSMENT) RULES, 1955
In exercise of the powers conferred by Section 10 of the Andhra Inams (Assessment) Act, 1955 (Andhra Act XVII of 1955), the Governor of Andhra hereby makes the following rules:-
Rule 1
These rules may be called the Andhra Pradesh (A.A.) Inams (Assessment) Rules, 1955.
Rule 2 In these rules
(1) Act means the Andhra Inams (Assessment) Act, 1955.
(2) Form means the form appended to these rules.
Rule 3
Before making the assessment on inam lands under the Act, the Collector shall publish in the District Gazette, a draft notification specifying the particulars mentioned in Section 3(2)(a), together with a Notice as in Form I. The draft notification and notice shall also be published
(i) by affixture in the village chavadi of the village which the inam lands are situated, or if there is no village chavadi, in some conspicuous place in the village;
(ii) by beat of tom tom in the village in which the inam lands are situated;
(iii) by affixture on the notice board of the Taluk Office and the Revenue Divisional Office concerned, and
(iv) by serving individual notice to persons affected by Registered Post or by issue of process. Explanation :- For the purpose of this rule; the words "Taluk Office" shall include the office of Estate Manager where the Estate Manager is of the rank of a Tahsildar or a Deputy Tahsildar, and the words "Revenue Divisional Office" shall include the office of an Estate Manager where such Manager is of the rank of a Revenue Divisional Officer.
Rule 4
When the Collector makes an inquiry under Section 3 he shall have, in addition to the powers vested in him by the Madras Revenue Summons Act, 1869, also the power to examine on oath any person summoned by him, and reduce into writing any statement made by the person so examined.
Rule 5
A copy of every order passed by the Collector under Section 3(2)(a) of the Act shall be sent by registered post, acknowledgement due, to the inamdar or other person interested whose objections have been considered in connection with the passing of the said order.
Rule 6
Every appeal to the District Collector against the decision of the Collector under Section 3(2)(a) of the Act, shall be filed within thirty days from the date of receipt of the decision and shall be accompanied by an authentic copy of the order appealed against.
Rule 7
If the District Collector hearing an appeal considers that any further evidence is necessary, he may himself take such evidence, or direct it to be taken by any other officer subordinate to him specifying the points on which such evidence is necessary, and for this purpose the District Collector or the officer aforesaid shall exercise all such powers as the Collector is empowered to exercise by Rule 4. A copy of the order passed by the District Collector shall be sent by registered post, acknowledgement due, to the inamdar or other person interested.
Rule 8
The particulars relating to the inam lands and the rates of assessment leviable thereon as decided by the Collector or if an appeal has been preferred against the Collector s decision, as decided by the District Collector, shall be published by a notification as in Form II, in the district Gazette and in the modes specified Rule 3.
APPENDIX 1 Draft Notification
FORM - I
Draft Notification
In pursuance of Section 3(9)(a) of the Andhra Pradesh Inams (Assessment) Act, 1955 (Andhra Act XVII of 1955), it is proposed to levy on the inams noted in the Schedule appended hereto, assessment at the rates shown against them:
Notice is hereby given that the levy of assessment as noted in the Schedule will be taken up for consideration on or after . (date) and that the inamdars or other persons interested in the lands are required to lodge before the undersigned, on or before . a statement in writing of their objections, if any, to the proposed assessment.
Any objection statement which does not clearly explain the nature of the sender s interest in the land is liable to be summarily rejected.
SCHEDULE
District Taluk Name of village T.D.No. Survey number Wet or dry Extent Quit rent, Kattubadior jodi payable to Government Kattubadi or Jodi payable to the landholder Rate of assessment finally fixed. Final assessment Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Collector
APPENDIX 2 Final Notification
FORM II
Final Notification
District Taluk Name of village T.D.No. Survey number Wet or dry Extent Quit rent, Kattubadior jodi payable to Government Kattubadi or Jodi payable to the landholder Rate of assessment finally fixed. Final assessment Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Collector
