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ANDHRA PRADESH (ANDHRA AREA) ESTATES LAND (REDUCTION OF RENT) ACT, 1947
ANDHRA PRADESH (ANDHRA AREA) ESTATES LAND (REDUCTION OF RENT) ACT, 1947
30 of 1947
STATEMENT OF OBJECTS AND REASONS Act XXX of 1947 It is the policy of Government to replace the Zamindari by the ryotwari system at the earliest possible date. It will, however take some time to pass the requisite legislation on the subject and to bring it into force in all the estates in this Province. 2. The agrarian situation in estates, especially in the Circars, is worsening day by day and there is a growing agitation for the reduction of the high rents which prevail now. The Government consider that some immediate relief should be given to ryots and the object of this Bill is to provide for the reduction of rents in estates roughly to the level of the assessment prevailing in the neighbouring ryotwari areas. After the assessment has been finally fixed the s, interest of land-holders and rights in respect of the intervening period commencing with the current fasli will be suitably adjusted. AMENDING ACT IX OF 1960 The Madras Estates Land (Reduction of Rent) Act, 1947 (Madras Act XXX of 1947) applies only to estates' as defined in Section 3 (2) of the Madras Estates Land Act, 1908. In the case of every village in respect of which action under the Rent Reduction Act is proposed to the taken, the question whether the village is in estage' action under the Rent Reduction Act is taken. Instances have, however, come to the notice of the Government in which, the Act has been applied, and notifications under Section 3 (2) of that Act have been issued wrongly In respect of inam village which were not estates governed by the Estates Land Act, the fact was not an estate governed by the Estates Land Act, the fact was not an estate governed by the Reduction Authority at the time of the enquiry held such authority before the issue of the notification. There have also been cases in which the Civil Courts have held after the rent reduction notifications were issued that the villages concerned are not estates. The Government have no power to cancel the notifications issued in these cases, as there is no provision in the Act enabling them to do so. Mistakes have also occurred in some of the notifications issued under Section 3 (2) of the Act. If the mistakes are purely clerical, errata are issued. Other mistakes cannot be corrected as the Government have no power to modify or revise the notifications. It is therefore considered that the Act should be amended so as to give power to the Government to cancel, revise or modify the notifications issued under Section 3 (2) of the Act. Clause 2 of the Bill gives effect to this object. Clause 5 of the Bill validates the order made or notifications issued cancelling or modifying orders made under Section 3 (2) of the Act before this Bill becomes law. The other clauses of the Bill make merely consequential amendments.
An Act to provide for reduction of rents payable by ryots in estates governed by the * [Andhra Pradesh (Andhra Area) Estates Land Act, 1908] approximately to the level of the assessment levied in lands on ryotwari areas in the neighbourhood, * [and for the collection of such rents exclusively by the State Government]. WHEREAS the rents now payable by ryots in estates governed by the * [Andhra Pradesh (Andhra Area) Estates Land Act, 1908,] are in many cases substantially higher than the assessments levied on lands in ryotwari areas in the neighbourhood : And whereas it is expedient to provide for the reduction of such rents approximately to the level of the ryotwari assessments in the neighbourhood, * [and for the collection of such rents exclusively by the State Government.] It is hereby enacted as follows :
Section 1 Short title and application
(1) This Act may be called the * [Andhra Pradesh (Andhra Area) Estates Land (Reduction of Rent) Act, 1947.
(2) It applies to all estates as defined in Section 3, Clause (2), of the * [Andhra Pradesh (Andhra Area) Estates Land Act, 1908.
Section 2 Appointment of Special Officer to recommend rates of rent in estates
(1) The State Government may appoint a Special Officer for any estate or estates, for the purpose of recommending fair and equitable rates of rent for the ryoti lands in such estate or estates.
(2) The Special Officer shall determine in respect of each village (hereinafter in this section referred to as "principal village") in an estate :
(a) The average rate of cash rent per acre prevailing at the commencement of this Act, for each class of ryoti land in the principal village, such as wet, dry and garden
Provided that where no cash rents are prevalent in the principal village in respect of any class of land, the Special Officer shall determine the average rate of cash rent per acre prevailing at such commencement for such class of land in the nearest village in the estate in which cash rents are prevalent for such class of land and in which conditions are generally similar to those obtaining in the principal village, or where there is no such village in the estate, in the nearest village in the nearest estate in respect of which village both requirements specified above are satisfied.
(b) The average rate of assessment per acre prevailing at such commencement in respect of each of the said classes of land in the nearest ryotwari area in which conditions are generally similar to those obtaining in the principal village.
(3) The Special Officer shall then compare the average rates of cash rent as determined under Clause (a) of sub-section (2) with the average rates of assessment as determined under Clause (b) of that sub-section, and after making due allowance for any difference in the conditions prevailing in the two cases, and also, in cases falling under the proviso to Clause (a) of sub-section (2), for any difference in the conditions prevailing in the village referred to in that proviso and in the principal village, determine (i) the extent, if any, to which the rates of rent payable for each class of ryoti land in the principal village should, in his opinion, be reduced, and (ii) the rates of rent payable for each such class of land after such reduction.
Explanation I :- The Special Officer shall have power only to determine that the rents payable for any class of ryoti land in the principal village shall be reduced ; and he shall have no power to determine that such rents shall be enhanced.
Explanation II :- The extent of reduction, if any, determined by the Special Officer under this sub-section shall also apply where rent in the principal village is paid in kind or on the estimated value of a portion of the crop or at rates varying with the crop, whether in cash or in kind or partly in one or more of these ways and partly in another, or partly in one or more of these ways and partly in cash. In every such case the Special Officer shall also determine the rent payable, whether in kind or in cash or partly in kind and partly in cash as the case may be.
(4) Where the conditions in a group of two or more villages in an estate are generally similar, the Special Officer may perform the functions under sub-sections (2) and (3) in respect of such group of villages as a whole, instead of separately in respect of each village in the group.
Section 3 Power of State Government to reduce rates of rent after considering Special Officer's recommendations
(1) After completing his work in any estate, the Special Officer shall submit his recommendations to the State Government, through the Board of Revenue, specifying (i) the extent, if any, to which the rents for each class of ryoti land in each village or group of villages in the estate should, in his opinion, be reduced ; and (ii) the rate of rent payable for each such class after such reduction
:
Provided that, with the approval of the Board of Revenue, recommendations may be made under this sub-section separately, in respect of portions of an estate.
(2) After considering the recommendation of the Special Officer and the remarks of the Board of Revenue thereon, the State Government shall, by order published in the Andhra Pradesh Gazette, fix the rates of rent payable in respect of each class of ryoti land in each village in the estate :
Provided that where the rate of rent so fixed in respect of ryoti land of any class exceeds the rate of rent payable in respect thereof at the commencement of this Act, only the latter rate of rent shall be payable in respect of such land.
2A Notwithstanding anything contained in sub-section (2) where the rate of rent payable in respect of ryoti land of any class, whether in virtue of the or of the second paragraph of that sub-section, is wholly in kind or partly in kind and partly in cash and the aggregate money value of the rate of rent so payable exceeds the highest rate of ryotwari assesment payable for any land of the same class in the revenue district in which such ryoti land is situated, then only the latter rate shall be payable in respect of the land.
(3) An order under sub-section (2) shall take effect from the commencement of the Fasli year 1357.
(4) After such on order has taken effect in respect of any estate or portion of an estate, the rents due in respect of ryoti lands in such estate or portion with effect from the commencement of the Fasli year 1357 as well as the rents which have fallen or may fall due in respect of such lands for any Fasli subsequent to Fasli 1357 until the commencement of the Fasli year in which the estate may be finally taken over by the State Government * [and any interest payable on such rents under sub-sec. (6)] shall be recovered by the State Government as if such rents * [and interest] were arrears of land revenue due to them ; and the amount so recovered in respect of each Fasli, after deducting thereform the cost of such recovery as determined in accordance with such rules as may be made by the State Government in that behalf and also the peshkash, cesses, and other moneys due from the landholder to the State Government and constituting a charge on the estate shall be paid to the landholder.
Explanation : The provision of this sub-section shall apply to an estate, whether the * [Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948] applies to it or not.
(5) Any rents recoverable by the State Government under sub-section (4) for any Fasli year shall be payable in instalments in that Fasli year, according to the kistbandi fixed for the collection of land revenue in the ryotwari areas in the district in which the estate or portion of the estate is situated.
(6) Any rents recoverable by the State Government under sub-section (4) for any Fasli year shall, until they are paid, bear simple interest at the rate of six per cent per annum from the commencement of the succeeding Fasli year or of the Fasli year succeeding that in which the order under sub-section (2) is made in respect of the estate or portion of the estate, whichever is later: and notwithstanding anything contained in the * [Andhra Pradesh (Andhra Area) Estates Land Act, 1908,] no interest shall be payable in respect of any period before such commencement.
(7) The landholder shall not be entitled to collect, and the provisions of Chapters V and VI of the * [Andhra Pradesh (Andhra Area)] Estates Land Act, 1908,] shall cease to apply to, any rents or interest recoverable by the State Government under sub-section (4).
Section 3A Cancellation of orders made under Section 3(2)
(1) If the State Government are satisfied that any village or area in respect of which an order is or has been made under sub-section (2) of Section 3, is not an estate or a portion of an estate or that order is vitiated by any other mistake, they may cancel such order by another order published in the Andhra Pradesh Gazette, and the cancellation shall, subject to the provision of sub- sections (2), (3) and (4), be deemed to have taken effect from the commencement of the Fasli year 1357.
(2) After the publication of such an order under sub-section (1), the person who would have been entitled to recover the rents of the village or area but for the order made under sub-section (2) of Section 3 (hereinafter called the landowner) shall be entitled to the payment of all amounts recovered by the State Government under sub-section (4) of Section 3 upto the date of publication of the order under sub-Section (1) after deducting therefrom any amounts which may have been already paid to him in pursuance of sub-section (4) of section 3, and also any moneys due from him to the State Government, but not deducting any sum towards the cost of recovery of the said amounts.
(3) If the amount paid or payable to the land-owner under sub-section (2) falls short of an amount equal to twice the annual rent which would have been payable by the tenant but for the order made under sub-section (2) of section 3, the tenant shall pay the balance to the land-owner in two equal annual instalments within a period of two years from the date of publication of the order under sub-section (1).
(4) Notwithstanding anything in any law, contract, judgment, decree or order of a Court, the payment of any balance under sub-section (3), and if there is no balance to be paid, the payments of the amounts referred to in sub-section (2) shall operate as a complete discharge of all arrears of rent due from the tenant to the land-owner in respect of all prior faslis including interest and costs, if any.
(5) Where, after the cancellation of an order made in respect of any village or area under sub-section (1), an order is again made in respect of that village or area under sub-section (2) of Section 3, consequent on its having become an estate by virtue of the * [Andhra Pradesh (Andhra Area) Estates Land (Andhra Amendment) Act, 1956 (Andhra Act XXXV of 1956)], all arrears of rent due from such ryot in respect of all prior fasli years, including interest and costs, if any, shall be deemed to have completely discharged if the royt has paid before the date of the order, or pays within two years of that date, an amount equal to twice the annual rent which would have been payable by the royt but for the order made under sub-section (2) of Section 3; and the provisions of this sub-section shall have effect notwithstanding anything in sub-section (2) of Section 11 of the * [Andhra Pradesh (Andhra Area) Estates Land (Andhra Amendment) Act, 1956] (Andhra Act XXXV of 1956).
Section 3B Correction of orders made under section 3(2)
(1) If the State Government are satisfied that in any order made by them under sub-section (2) of Section 3, there is any error which does not vitiate the order but requires correction, they may, by order published in the Andhra Pradesh Gazette, correct such error, and the correction shall unless the State Government otherwise direct, be deemed to have taken effect from the commencement of the fasli year 1357.
(2) Where in consequence of a correction under sub-section (1) additional rent becomes recoverable in respect of any land under sub-section (4) of section 3, such rent shall be paid before the commencement of the fasli year immediately succeeding that in which the correction is published.
Section 3C Power of State Government to issue supplemental, incidental and consequential orders
Where the State Government make an order under Section 3-A or Section 3-B, cancelling or correcting an order made under sub-section (2) of Section 3, they shall have power, whether by the same or by a subsequent order, to make such supplemental, incidental and consequential orders as may be deemed necessary or proper.
Section 4 Ryot to pay the rent fixed by State Government
Where an order is published under Section 3, sub-section (2), in respect of any estate or portion of an estate, a ryot shall not be bound to pay rent for any ryoti land held by him in such estate or portion, * [at a rate exceeding that payable under that sub-section or under Section 3, sub-section (2-A), as the case may be,] notwithstanding anything contained in the Andhra Pradesh (Andhra Area) Estates Land Act, 1908.
Provided that nothing in the section shall affect in any way the operation of sections 3-A, 3-B and 3-C.
Section 5 State Government to make good income lost by religious, educational or charitable institution
(1) Where by reason of the foregoing provisions, the net income derived by any religious, educational or charitable institution from any estate or part of an estate belonging to it in the Fasli year 1357 or in any subsequent Fasli year until the commencement of the Fasli year in which the estate may finally be taken over by the State Government, becomes less than the average net income derived by the institution from such estate or part during the five Fasli years preceding the Fasli year 1357 or during that portion of those Fasli years in which the estate or part was in the ownership of the institution, as the case may be, the State Government shall make good the loss sustained by the institution by paying to it at the end of the Fasli year in question the amount of the difference between the net income derived by the institution in such Fasli year and the average net income aforesaid.
(2) The average net income aforesaid and the net income derived in each of the Fasli years beginning with the Fasli year 1357 shall, for the purposes of sub-section (1), be determined by such authority, and in such manner, as may be laid down in rules made by the State Government.
(3) In determining the net income or the average net income aforesaid, all amounts which accrued due to the institution concerned during the relevant Fasli year or years shall be taken into account, whether the amounts were actually collected or not.
Section 6 Lessees of religious, educational or charitable institutions not to have their rents reduced
Notwithstanding anything contained in any other law for the time being in force, in any inam village belonging to religious, educational or charitable institution which was not an estate before the commencement of the * [Andhra Pradesh (Andhra Area) Estates Land (Third Amendment) Act, 1936,] but became an estate by virtue of that Act, the lessee of any land situated in the estate shall not be entitled to the benefit of any reduction of rent under this Act, if the lease was executed after 1st November, 1933.
Section 7 Power to make rules
The State Government may make rules to carry out the purposes of this Act.
Section 8 Validity of certain orders and proceedings not to be questioned:- The validity of the following orders and proceedings shall not be liable to be questioned in any Court of Law
(i) any order made under Section 3, sub-section (2) ;
(ii) any recovery of rent effected by the State Government under Section 3, sub-section (4), or any payment made by them to the landholder under the same sub-section ;
(iia) any order made under Section 3-A, Section 3-B or Section 3-C
;
(iii) any determination of net income or average net income made under Section 5, sub-section (2).
Section 9 Power to remove difficulties
Power to remove difficulties any difficulty arises in giving effect to the provisions of 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.
RULE:
ANDHRA PRADESH (ANDHRA AREA) ESTATES LAND (REDUCTION OF RENT) RULES, 1947
In exercise of the powers conferred by Section 5 (2) of the Madras Estates Land (Reduction of Rent) Act, 1947 (Madras Act XXX of 1947), His Excellency the Governor of Madras makes the following rules
Rule 1
(1) The trustee, manager or other person in charge of every religious, educational or charitable institution who claims that the net income derived by the institution from any estate or part of any estate belong to it has become less in consequence of the fixation of reduced rate of rent under Section 3 (2) of the Act, may apply to the Provincial Government through the District Collector, for making good the loss in income specifying in the application the following particulars:-
(a) The net income derived by the institution from the ryoti lands in the estate or part in the Fasli year ....... (to be specified) .........
(b) Loss in income from such lands during such Fasli year.
(2) Every application under sub-rule (1) when submitted for the time, shall also contain particulars regarding the average net income derived by the institution from the ryoti lands in the estate or part, during the five Fasli years preceding Fasli year 1357, or during that portion of those Fasli years in which the estate or part was in the ownership of the institution.
Explanation:- The net 'income' referred to in sub-rules (1) and (2) shall be total of the rents derived from the ryoti lands belonging to the institution in the estate or parts, less 10 per cent, thereof for collection charges.
(3) Every applicant under sub-rule (1) shall submit to the District Collector:-
(a) within three months from the date on which the Provincial Government publish an order under Section 3 (2) of the Act in respect of an estate or part of an estate belonging to the institution in case such application is submitted for the time; and,
(b) not later than three months from the expiry of the Fasli year to which it relates, in other cases.
Rule 2
On receipt of the application, District Collector shall check the figures furnished in the application with reference to the accounts maintained by the institution and after making such modifications if any, in the figures as on such check may be found necessary, shall submit the application to the Board of Revenue, with his report, specifying the amounts under the relevant head referred to in Rule 1, as fixed by him. The Board of Revenue shall determine in the case of a application, the average net income derived by the institution as rents from the ryoti lands in the estate or part during the period specified in Rule 1, sub-rule (2) and in the case of all applications, the net income derived from such lands in the Fasli year in question, and the loss to be made good to the institution in that Fasli year and report to the State Government, for sanction under Section 5 (1) of the Act, the loss to be made good for that Fasli year.
RULES UNDER ANDHRA PRADESH (ANDHRA AREA) ESTATES LAND (REDUCTION OF RENT) ACT, 1947
In exercise of the powers conferred by Section 7 of the Madras Estates Land (Reduction of Rent) Act, 1947, (Madras Act XXX of 1947) His Excellency the Governor of Madras makes the following rules
Rule 1
The Special Officer appointed under Section 2 (1) of the Act for purpose of recommending fair and equitable rates of rent for ryoti lands in any estate, or any Assistant to the Special Officer appointed by the Government (hereinafter in these rules referred to as "Assistant") shall have
(i) the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit in respect of (a) enforcing the production of documents and (b) issuing commissions for the witnesses.
(ii) power to enter upon any land with his subordinates and inspect, survey, measure and do any other act which in his opinion may be necessary for carrying out the provisions of the Act and the rules made there under.
(iii) power to cut and thrash the crops on any land and to weigh or measure the produce with a view to estimating the capabilities of the soil.
Rule 2
(1) The Special Officer or Assistant may call upon the landholder of an estate to furnish the following particulars and such other particulars as he may consider necessary, for determining fair and equitable rates of rent for ryoti lands in the estate:
(a) Extent of ryoti lands of each class such as wet, dry and garden in each village.
(b) Rates of rent levied on each class of land at the commencement of the Act.
(c) Particulars of cultivation in the village with details of extent, crop and yield.
(2) The Special Officer or Assistant may also call upon the landholder to produce his accounts containing the particulars specified in sub-rule (1)
Rule 3
The Special Officer shall cause a notice to be published specifying the date or dates on which he proposes to conduct enquiries, either directly or through an Assistant or an Officer authorized by him or the Assistant, for determining fair and equitable rates of rent for ryoti lands in the estate. The notice shall be published in the village chavadi or in any conspicuous place in the village concerned and in the notice board of the Government Taluk Office.
Rule 4
(1) After completing the enquiries or after considering the record of the enquiries and taking into consideration all the representations, made thereat, as the case may be, the Special Officer shall cause a notice to be published in the manner laid down in Rule 3, specifying the recommendations proposed to be made by him under Section 3 (1) of the Act, in regard to the determination of the rates of rent for the village or the group of villages concerned. The notice shall contain the following among other particulars: Proposals for reduction of rent in the estate of ....
Village or group
of villages
Class of land-dry,
wet or garden
Rates of rent
prevailing on
each class of
ryoti land in the
village or group
of villages
The extent to which
the rents for each
class of ryoti land in the village or group
of villages is
proposed to be
reduced.
Rule 5
On receipt of the Special Officer's report, the Board of Revenue may call for such further information or, direct such further enquiry as it may think necessary and on receipt thereof, shall submit to the Provincial Government the Special Officer's report with its recommendations for the reduction of rent.
Rule 6
(1) Any officer authorised to hold any enquiry under these rules by the Special Officer, or Assistant shall, for the purposes of the enquiry, have all the powers referred to in Rules 1 and 2.
(2) The Special Officer or Assistant may also authorise any officer to exercise all or any of the said powers.
Rule 7
All enquiries and proceedings under these rules shall be summary. (G.O.Ms.No.1263 Revenue, 6th May, 1948). In exercise of the powers conferred by Section 3 (4) and 7 of the Madras Estates Land (Reduction of Rent) Act, 1947 (Madras Act XXX of 1947) His Excellency the Governor of Madras makes the following rules.
RULES UNDER ANDHRA PRADESH (ANDHRA AREA) ESTATES LAND (REDUCTION OF RENT) RULES, 1947
RULES UNDER ANDHRA PRADESH (ANDHRA AREA) ESTATES LAND (REDUCTION OF RENT) RULES, 1947
Rule 1
Every landholder shall, not later than one month from the date of publication of the order under Section 3 (2) of the Act, in respect of the estate or any portion thereof, submit to the District Collector or other authority specified by him, a statement showing the following particulars in respect of every village in the estate or portion of the estate to which the order applies for each of the fasli years commencing from fasli year 1357 and ending with the fasli year in which the order is published:
(1) Name of the village.
(2) Patta number and name and address of the registered holder.
(3) Name and address of the occupant of each land in the holding if the registered holder is not the occupant.
Provided that the District Collector may, in his discretion and on application by the trustee, manager or other person in charge of the religious, educational or charitable institution, grant such extension of time as he considers necessary for the application under sub-rule (1).
(4) Survey number or Paimash number, extent and classification of each land comprised in the holding.
(5) Rate of rent as it existed prior to the issue of the order reducing the rate of rent.
(6) Rent already collected by the landholder for the fasli year, if any, and the person from whom collected.
(7) Amount of Peshkash quit-rent, cases and other moneys due from the landholder to the Government and constituting a charge on the estate. Where the period of one month from the date of publication of the order under Section 3 (2) has already expired, the statement aforesaid shall be submitted not later than 13th July, 1950. The statement aforesaid shall be submitted by a landholder even if he has submitted a similar statement under this rule before the 13th June, 1950. For every fasli year subsequent to that in which the order aforesaid is published the landholder shall submit a statement containing all the above said particulars except item (6), not earlier than one month prior to the of the month in which the instalment of rent falls due and may submit a supplementary statement containing the same particulars not later than the day of the month in which the third instalment of rent falls due in respect of these holdings, if any, for which additional rent might have accrued subsequent to the submission of the previous statements.
Provided that if the particulars aforesaid are available in any of the accounts maintained by the landholder, it shall be sufficient compliance with this rule, if such accounts are submitted to the authority and within the time aforesaid.
Provided also that the District Collector may, in his discretion and on application by landholder, grant such extension of time as he considers necessary for the submission by such landholder of the particulars aforesaid. * {
Provided further that in the case of an estate which is taken over by the Government under the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948, the landholder need not submit the particulars aforesaid with effect from the Fasli year in which the estate is so taken over.}
Rule 2
The Collector of the district or any officer subordinate to him and not below the rank of Deputy Tahsildar may, by notice in writing, require the landholder to produce any account maintained by him which the Collector or such officer may consider necessary for the purpose of recovering rents in accordance with Section 3 (4) of the Act; and the landholder shall be bound to comply with such notice.
Rule 3
On the publication of the order under Section 3 (2) of the Act fixing the rates of rent payable, the Collector or other authority referred to in rule I shall on basis of such order determine the rent payable on each holding.
Rule 4
Any person aggrieved by an order under Rule 3 determining the rent payable on his holding may, except where such order has been passed by the Collector of the district, make within two months from the date of such order a written application to the authority to whom the authority who passed the order is immediately subordinate, for the revision of the order, setting out his grounds therefor. The authority to whom the application is made shall hold a summary enquiry and determine the correct amount of rent payable.
Rule 5
The cost of recovery of rents to be deducted from the amount of rents recovered by the Government under Section 3 (4) of the Act in the case of an estate or portion of an estate shall be computed at 10 per cent of the gross recovery made under that Section in respect of such estate or portion and shall be subject to such detailed instructions as may be issued by the Board of Revenue from time to time.
Rule 6
In respect of the fasli year 1357 and subsequent fasli years till the estate is taken over by the Provincial Government the Collector shall prepare and submit to the Board of Revenue an account showing the following particulars in respect of each estate as soon as possible after the close of the fasli.
(a) The total amount of the recovery to be made from the ryots for the fasli under Section 3 (4)
(b) Recovery made out of the amount in item (a)
(c) The cost of recovery of rents as determined under Rule 5.
(d) The amount of peshkash, cesses and other moneys due from the landholder of estate to the State Government and constituting a charge on the estate.
(e) The net amount payable to the landholder under Section 3 (4) of the Act.
Rule 7
(1) After scrutinising the account aforesaid, the Board of Revenue shall determine the amount payable to the landholder under Section 3 (4) of the Act for each fasli and the Collector shall arrange to pay the amount as so determined, less any payment made under sub-rule (2) to the landholder in such instalments as may be approved by the Board of Revenue and in accordance with its instructions.
* {
(2) Pending determination of the amount payable to the land-holder under sub-rule (1), the Collector may at any time in a fasli year pay to the landholder such portion of the rents as have been recovered upto that time, after deducting therefrom the cost of such recovery and such portion of the peshkash, cesses and other moneys due from the landholder to the State Government as proportionate to the rents so recovered and the Collector may likewise do so as often as he thinks fit in the fasli years: Provided that any amount paid to the landholder under this sub-rule shall not exceed one half of the net amount which is likely to be payable to him under Section 3 (4) of the Act for the Fasli year concerned.}
Rule 8
The Board of Revenue may issue general instructions for the guidance of the subordinate officers in regard to the determination and collection of rents, issue of receipts, forms to be used and other matters.
Rule 9
(1) Where rent is payable to the landholder of an estate in kind and is a share of the produce, the quantity of such rent in respect of the Fasli year 1357 or of any subsequent Fasli year, until the estate is notified under the Madras Estates (Abolition and Conversion into Ryotwari) Act 1948, shall be determined by the District Collector or any officer authorised by him, on local enquiries and with reference to village accounts.
(2) The rent so determined shall be commuted into cash in accordance with the prices notified by the Board of Revenue and prevailing on the date on which the rent became payable.
ANDHRA PRADESH (ANDHRA AREA) ESTATES LAND (REDUCTION OF RENT) RULES
ANDHRA PRADESH (ANDHRA AREA) ESTATES LAND (REDUCTION OF RENT) RULES
Rule 1
Every landholder shall, not later than one month from the date of publication of the order under Section 3 (2) of the Act, in respect of the estate or any portion thereof, submit to the District Collector or other authority specified by him, a statement showing the following particulars in respect of every village in the estate or portion of the estate to which the order applies for each of the fasli years commencing from fasli year 1357 and ending with the fasli year in which the order is published:
(1) Name of the village.
(2) Patta number and name and address of the registered holder.
(3) Name and address of the occupant of each land in the holding if the registered holder is not the occupant.
Provided that the District Collector may, in his discretion and on application by the trustee, manager or other person in charge of the religious, educational or charitable institution, grant such extension of time as he considers necessary for the application under sub-rule (1).
(4) Survey number or Paimash number, extent and classification of each land comprised in the holding.
(5) Rate of rent as it existed prior to the issue of the order reducing the rate of rent.
(6) Rent already collected by the landholder for the fasli year, if any, and the person from whom collected.
(7) Amount of Peshkash quit-rent, cases and other moneys due from the landholder to the Government and constituting a charge on the estate. Where the period of one month from the date of publication of the order under Section 3 (2) has already expired, the statement aforesaid shall be submitted not later than 13th July, 1950. The statement aforesaid shall be submitted by a landholder even if he has submitted a similar statement under this rule before the 13th June, 1950. For every fasli year subsequent to that in which the order aforesaid is published the landholder shall submit a statement containing all the above said particulars except item (6), not earlier than one month prior to the of the month in which the instalment of rent falls due and may submit a supplementary statement containing the same particulars not later than the day of the month in which the third instalment of rent falls due in respect of these holdings, if any, for which additional rent might have accrued subsequent to the submission of the previous statements.
Provided that if the particulars aforesaid are available in any of the accounts maintained by the landholder, it shall be sufficient compliance with this rule, if such accounts are submitted to the authority and within the time aforesaid.
Provided also that the District Collector may, in his discretion and on application by landholder, grant such extension of time as he considers necessary for the submission by such landholder of the particulars aforesaid. * {
Provided further that in the case of an estate which is taken over by the Government under the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948, the landholder need not submit the particulars aforesaid with effect from the Fasli year in which the estate is so taken over.}
Rule 2
The Collector of the district or any officer subordinate to him and not below the rank of Deputy Tahsildar may, by notice in writing, require the landholder to produce any account maintained by him which the Collector or such officer may consider necessary for the purpose of recovering rents in accordance with Section 3 (4) of the Act; and the landholder shall be bound to comply with such notice.
Rule 3
On the publication of the order under Section 3 (2) of the Act fixing the rates of rent payable, the Collector or other authority referred to in rule I shall on basis of such order determine the rent payable on each holding.
Rule 4
Any person aggrieved by an order under Rule 3 determining the rent payable on his holding may, except where such order has been passed by the Collector of the district, make within two months from the date of such order a written application to the authority to whom the authority who passed the order is immediately subordinate, for the revision of the order, setting out his grounds therefor. The authority to whom the application is made shall hold a summary enquiry and determine the correct amount of rent payable.
Rule 5
The cost of recovery of rents to be deducted from the amount of rents recovered by the Government under Section 3 (4) of the Act in the case of an estate or portion of an estate shall be computed at 10 per cent of the gross recovery made under that Section in respect of such estate or portion and shall be subject to such detailed instructions as may be issued by the Board of Revenue from time to time.
Rule 6
In respect of the fasli year 1357 and subsequent fasli years till the estate is taken over by the Provincial Government the Collector shall prepare and submit to the Board of Revenue an account showing the following particulars in respect of each estate as soon as possible after the close of the fasli.
(a) The total amount of the recovery to be made from the ryots for the fasli under Section 3 (4)
(b) Recovery made out of the amount in item (a)
(c) The cost of recovery of rents as determined under Rule 5.
(d) The amount of peshkash, cesses and other moneys due from the landholder of estate to the State Government and constituting a charge on the estate.
(e) The net amount payable to the landholder under Section 3 (4) of the Act.
Rule 7
(1) After scrutinising the account aforesaid, the Board of Revenue shall determine the amount payable to the landholder under Section 3 (4) of the Act for each fasli and the Collector shall arrange to pay the amount as so determined, less any payment made under sub-rule (2) to the landholder in such instalments as may be approved by the Board of Revenue and in accordance with its instructions.
* {
(2) Pending determination of the amount payable to the land-holder under sub-rule (1), the Collector may at any time in a fasli year pay to the landholder such portion of the rents as have been recovered upto that time, after deducting therefrom the cost of such recovery and such portion of the peshkash, cesses and other moneys due from the landholder to the State Government as proportionate to the rents so recovered and the Collector may likewise do so as often as he thinks fit in the fasli years: Provided that any amount paid to the landholder under this sub-rule shall not exceed one half of the net amount which is likely to be payable to him under Section 3 (4) of the Act for the Fasli year concerned.}
Rule 8
The Board of Revenue may issue general instructions for the guidance of the subordinate officers in regard to the determination and collection of rents, issue of receipts, forms to be used and other matters.
Rule 9
(1) Where rent is payable to the landholder of an estate in kind and is a share of the produce, the quantity of such rent in respect of the Fasli year 1357 or of any subsequent Fasli year, until the estate is notified under the Madras Estates (Abolition and Conversion into Ryotwari) Act 1948, shall be determined by the District Collector or any officer authorised by him, on local enquiries and with reference to village accounts.
