Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com ANDHRA PRADESH (ANDHRA AREA) BOARD OF REVENUE REGULATION, 1803 CONTENTS 1. A Regulation for defining the duties of the Board of Revenue and for determing the extent of the powers vested in the Board of Revenue 2. Oath to be taken by members of Board 3. Oath to be taken by members of Board 4. Duties of Board of Revenue 5. Superintendence and control of persons employed in executive administration of revenues 6. Meetings of Board 7. Quorum 8. Board to use official seal, Inscription thereof 9. Board s proceedings to be reported to the State Government as often as required 10. Board to keep two sets of proceedings 1 1 . Acknowledgment of receipt of letters from the State Government 12. Records to be preserved complete 13. Records not to be copied or removed from office 14. Reference to Government records 15. Papers in Indian language to be accompanied with translations 16. All propositions to be submitted through president 17. No new propositions discussed till previous question disposed of 18. Majority to decide 19. Opinions of members how taken 20. President to have casting vote 21. Dissents from majority when recorded 22. Rule in referring matters for decision of the State Government 23. Power to entrust specific duties to particular members 24. Powers of president with respect to meetings 25. Orders he may issue during intervals of meeting 26. Selection of business 27. All resolutions proposed by president 28. His powers in cases of emergency 29. Provision for judicial investigations where there is no Zilla Court 30. May have copies of any records, or records themselves 31. President may call on Collectors for accounts 32. Senior member to preside in absence of president 33. Board responsible for discharge of duties of subordinate officers 34. Board authorised to summon Collectors, to the Presidency, and to fine them 35. Settlement of revenue when made 36. Settlements to be submitted to the State Government, and not to be valid till confirmed 37. Board to ascertain grounds of temporary settlement to prevent detriment to revenue through negligence, to guard against excess of zeal 38. To be careful that revenues are realized 3 9 . Board to investigate charges against Collectors and their officers, where no Zilla Court exists 40. . 41. Farming of lands to, and taking of security from, Europeans prohibited 42. Board not to make or to confirm grants of land 43. The Board not to continue pensions without authority 44. . 45. . 46. . 47. . 48. Rules to be observed by Board on death etc., of Collectors 49. Procedure where deputation of members, or any other person, may be necessary 50. Deputation of Assistant Collector on service within limits of his Collectorship 51. Disbursements for Takkavi 52. Board to require economy and production of vouchers 53. Applications for increase of expense to be explained 54. Muain-zabitas to be annually revised by Board, and not to be confirmed without authority 55. Procedure where remissions may be necessary 56. Power to suspend rigorous collection of revenue 5 7 . Attachment and sale of lands for arrears when arrear of revenue accrues 58. Regulations to be subject to Act I of 1894 ANDHRA PRADESH (ANDHRA AREA) BOARD OF REVENUE REGULATION, 1803 ANDHRA PRADESH (ANDHRA AREA) BOARD OF REVENUE REGULATION, 1803 1. A Regulation for defining the duties of the Board of Revenue and for determing the extent of the powers vested in the Board of Revenue :- Whereas it has hitherto been usual for the Board of Revenue to exercise judicial authority in the determination of certain cases of a civil nature appealed from the decision of the Collectors, who were entrusted with the administration of the revenues and the distribution of justice in their respective districts; and whereas Courts of Judicature have been established for the purpose of administering justice in all cases, civil and criminal, it is expedient that the judicial authority heretofore exercised by the Board of Revenue should be formally abrogated in those districts where Zilla Courts have been established; and whereas it is important to the security of the persons and property of those for the protection of whom the said Courts have been established, that the powers and authorities entrusted to the said Board of Revenue in respect of the executive administration of the revenues, should be defined and published; wherefore the following Regulations have been passed by the Governor in Council. 2. Oath to be taken by members of Board :- consequences of violation thereof. Repealed by Central Act 10 of 1873. 3. Oath to be taken by members of Board :- consequences of violation thereof. Repealed by Central Act 10 of 1873. 4. Duties of Board of Revenue :- T he duties of the Board of Revenue have been, and hereby are declared to be the general superintendence of the revenues from whatever source they may arise,and the recommendation of such proposition to the State Government as in their judgment may be calculated to augment or improve those revenues. 5. Superintendence and control of persons employed in executive administration of revenues :- The Board of Revenue have had, and are hereby declared, to have authority to superintendent and control all persons employed in the executive administration of the public revenue, all zamindars or proprietors of land paying revenue, and all farmers, securities, raiyats or other persons concerned in, or responsible for, any part of the revenue of Government, as far as the said superintendence and control may relate to the executive administration of the revenue under the regulations now enacted, or to be hereafter enacted. 6. Meetings of Board :- The Board of Revenue shall assemble two days, at the least, in every week for the despatch of business. 7. Quorum :- Repealed by Act I of 1894, Section 1. 8. Board to use official seal, Inscription thereof :- The Board of Revenue shall use, in the transaction of official business a circular seal two inches in diameter, bearing in the English, Hindi and such other languages, if any, as may be specified by the State Government this inscription : "The seal of the Board of Revenue" and no other seal shall be used by the Board of Revenue. 9. Board s proceedings to be reported to the State Government as often as required :- The Board of Revenue shall annually (or as often as may be required) lay before the State Government a general report of their proceedings, to be drawn out summarily, and under the distinct heads of districts, with reference to the dates of the consultations in which each subject is contained, which subject shall be respectively continued in each successive report from the date of the report preceding. 10. Board to keep two sets of proceedings :- The Board of Revenue shall keep two separate sets of their proceedings, one set for the broken periods to accompany the general report above ordered and the second set to be kept in the office. The Board of Revenue shall prepare and annex copious index for the second set. 11. Acknowledgment of receipt of letters from the State Government :- The Board of Revenue shall invariably acknowledge the receipt of all letters from the State Government, reciting in abstract the substance of the letters so acknowledged, and the steps they have taken in consequence. 12. Records to be preserved complete :- T he Board of Revenue shall be careful to preserve their records complete, and shall transmit to the State Government with the whole set of their proceedings, a list of all records and of all papers not entered on the records. 13. Records not to be copied or removed from office :- The Members of the Board of Revenue shall not have copies of any part of the records, nor remove any of the records from the office of the Board of Revenue. Members of the Board of Revenue wishing to refer to the records shall cause such records to be brought into the meeting room of the Board of Revenue, and shall peruse them there. 14. Reference to Government records :- When the Board of Revenue may have occasion to refer to the records of Government, they shall apply for such records to the State Government. 15. Papers in Indian language to be accompanied with translations :- The Board of Revenue shall accompany all papers in the Indian languages which they may transmit to Government with translations in English. 16. All propositions to be submitted through president :- All propositions or suggestions intended by individual members for the consideration of the Board shall be submitted through the channel of the president. 17. No new propositions discussed till previous question disposed of :- Where new propositions may arise during the consideration of a question, such propositions shall not be discussed until the previous question shall have been disposed of. 18. Majority to decide :- Questions at the Board of Revenue shall be determined by a majority, and the resolutions of the majority shall be the resolution of the Board and shall be carried into execution accordingly. 19. Opinions of members how taken :- I n deliberation, where questions may be put to the vote, the opinion of the junior member shall be first recorded, and then the opinions of the other members, according to their rank upwards. 20. President to have casting vote :- Where a difference of opinion may happen, and where votes may be equally divided, the president shall have the casting vote ; but the proceedings on any question shall, at the motion of any member, be referred to the State Government. 21. Dissents from majority when recorded :- A member dissenting from the majority of the Board may record his dissent at the time, or at a future meeting, but no minute shall be recorded on the proceedings of the day unless delivered in before the adjournment of the Board, nor shall any alteration be made in opinions once recorded without the consent of all the members of the Board. 22. Rule in referring matters for decision of the State Government :- The Board of Revenue shall accompany all references made to the State Government of their proceedings on matters requiring the decision of Government, with a letter stating summarily the nature of the subject submitted and with distinct opinions and recommendations on each subject for the consideration and decision of the State Government. 23. Power to entrust specific duties to particular members :- In cases where it may be necessary for the despatch of business, the Board of Revenue may commit the charge of any specific duty to a particular member, but in no other case shall the members individually exercise any authority. 24. Powers of president with respect to meetings :- The president of the Board of Revenue shall have authority to appoint and to change the days of meeting, to summon extra meetings of the members, and to postpone the regular meetings (provided, nevertheless, that two meetings be always held in one week), and to adjourn the Board at such hour as he may deem expedient. 25. Orders he may issue during intervals of meeting :- The President, during the intervals of the meetings of the Board, may issue, of his own authority, such occasional or subsidiary orders as shall, in his opinion, be necessary for carrying into execution any existing resolution of the Board; to summon any person to attend the next meeting; and to issue orders to prepare materials for the consideration of the Board. 26. Selection of business :- T h e president shall regulate and prescribe the selection and arrangement of the business to be brought before the Board at each meeting. 27. All resolutions proposed by president :- The president shall propose resolutions on all papers read for the consideration of the Board, and may state specific questions for the opinion of the members on the business before the Board. 28. His powers in cases of emergency :- The president shall have authority in all cases of emergency, while no Board may be sitting, to decide questions requiring an immediate decision, and to issue orders on all references requiring an immediate reply. 29. Provision for judicial investigations where there is no Zilla Court :- Repealed by Madras Regulation II of 1806. 30. May have copies of any records, or records themselves :- The president shall have authority to require copies of any records, or to have the records themselves sent to him for his perusal. 31. President may call on Collectors for accounts :- The president shall have authority to call on Collectors or Assistant Collectors for papers, accounts, or for any information he may require on the revenues of the district under such Collector or Assistant Collector. 32. Senior member to preside in absence of president :- Whatever authority is hereby declared to be vested in the president shall be vested in the acting president for the time being ; 0 and in case of the absence of the president the senior member present shall preside, and shall be vested with all the powers of the president. 33. Board responsible for discharge of duties of subordinate officers :- The Board of Revenue shall be responsible that the executive officers employed under them discharge the duties of their respective stations with assiduity, and shall require them to pay a ready and implicit obedience to all orders and regulations, and shall punish neglect in the subordinate officers of revenue, at their discretion, according to the powers vested in them for that purpose. 34. Board authorised to summon Collectors, to the Presidency, and to fine them :- Repealed by Madras Regulation V of 1828, section 4. 35. Settlement of revenue when made :- The Board of Revenue shall be careful that the settlement of the revenues shall be made at as early a period of time after the commencement of the fasli year as may be practicable, and shall report any delay in the completion of the settlement in the subordinate officers under them to the State Government. 36. Settlements to be submitted to the State Government, and not to be valid till confirmed :- The Board of Revenue shall submit, as soon as may be practicable, to the consideration of the State Government all settlements of the public revenue, in case where the revenue may not have been permanently fixed ; and such settlements shall not be considered to be valid until confirmed by the authority of the State Government. 37. Board to ascertain grounds of temporary settlement to prevent detriment to revenue through negligence, to guard against excess of zeal :- In districts where the revenue has not been permanently fixed, it shall be the duty of the Board of Revenue to investigate and ascertain the grounds of the temporary settlements effected by the Collectors, to compare the resources of the provinces with the revenue derived from them ; to prevent by early and constant vigilance, the impairment of the public revenue through the negligence or ignorance of the inferior officers ; and to guard against encroachments on the rights of the people, or on the permanent sources of prosperity, which may ensue from an excess of zeal on the part of the Revenue Officers. 38. To be careful that revenues are realized :- The Board of Revenue shall be careful that the revenues are realized according to the stipulated periods of payments. 39. Board to investigate charges against Collectors and their officers, where no Zilla Court exists :- Repealed by Madras Regulation II of 1806. 40. . :- xxx xxx xxx 41. Farming of lands to, and taking of security from, Europeans prohibited :- Repealed by Madras Act II of 1869. 42. Board not to make or to confirm grants of land :- The Board of Revenue shall not grant or confirm grants or shrotriyams, maqtas, fixed rents, inam or free gift lands, or confirm the succession of persons to such lands, without the authority of the State Government. 43. The Board not to continue pensions without authority :- Repealed by Central Act 23 of 1871. 44. . :- Judicial powers of Board of Revenue in districts where no Zilla Courts were established. Repealed by Madras Regulation II of 1806. 45. . :- Judicial powers of Board of Revenue in districts where no Zilla Courts were established. Repealed by Madras Regulation II of 1806. 46. . :- Judicial powers of Board of Revenue in districts where no Zilla Courts were established. Repealed by Madras Regulation II of 1806. 47. . :- Judicial powers of Board of Revenue in districts where no Zilla Courts were established. Repealed by Madras Regulation II of 1806. 48. Rules to be observed by Board on death etc., of Collectors :- The Board of Revenue shall provide that on the death, resignation or removal of Collectors, care be taken of the public money and records by the successors to such Collectors, or by their Assistants. The Board of Revenue shall not permit persons resigning or removed from their station to depart until notification of their having delivered over charge of such money and records to their successors shall have been received. 49. Procedure where deputation of members, or any other person, may be necessary :- Where the Board of Revenue may consider the deputation of a member of their Board, or of any other person, necessary for purposes connected with the administration of the revenue, they shall report such necessity to the State Government and a wait the orders of the State Government previously to deputation. 50. Deputation of Assistant Collector on service within limits of his Collectorship :- The Board of Revenue shall nevertheless have authority to order Assistant Collectors to be deputed on any service they may deem expedient, within the limits of the Collectorship to which such Assistant Collector may be attached, but shall not depute such assistants into districts to which they are not attached without the previous authority of the State Government. 51. Disbursements for Takkavi :- The Board of Revenue shall recommend to the State Government disbursements of money for takkavi for repairs, or for improvements in agriculture, where they shall be of opinion that the disbursement of such money will be beneficial to the public revenue. 52. Board to require economy and production of vouchers :- The Board of Revenue shall require in the executive officers under their authority an attention to the principles of economy in the disbursement of the public money, and shall require the production of authentic and satisfactory vouchers for all disbursements made in repairs and in improvements. 53. Applications for increase of expense to be explained :- The Board of Revenue shall require satisfactory reasons and explanations in support of any increase of expense applied for previously to referring such increase for sanction to the State Government and shall at all times submit their opinions on the amount of the increase of disbursements required to be made. 54. Muain-zabitas to be annually revised by Board, and not to be confirmed without authority :- The Board of Revenue shall annually revise the mua in zabitas of the Collectors, and shall submit such mua in zabitas for the confirmation of the State Government. It shall not be competent for the Board of Revenue to confirm the establishments of Collectors without authority from the State Government being first had and obtained. 55. Procedure where remissions may be necessary :- Where the Board of Revenue may consider a remission of the amount of an existing settlement to be requisite, or a remission of balances to be conducive to the public good, they shall submit the circumstances of the case, and the amount of the remission, to the consideration of the State Government. 56. Power to suspend rigorous collection of revenue :- The Board of Revenue shall suspend the rigorous collection of the revenues according to the stipulated periods where satisfactory evidence of the necessity of a temporary suspension may be stated to them; but the Board of Revenue shall not extend the period of such suspension beyond the current fasli without the previous authority of the State Government. 57. Attachment and sale of lands for arrears when arrear of revenue accrues :- The Board of Revenue shall direct Collectors of districts, where a permanent settlement of the land revenue may have been concluded, to attach the lands of proprietors who may have fallen in arrear, and shall require Collectors to dispose of the whole, or a part of such lands, as the case may be, for the recovery of such arrear, in the mode and manner prescribed in the regulations. 58. Regulations to be subject to Act I of 1894 :- The provisions of this Regulation shall be read and construed subject to the provisions of the Andhra Pradesh (Andhra Area) Board of Revenue Act, 1894 (Act I of 1894); and all references to the president of the Board in this Regulation shall, where the Board consists of two members only, be construed as references to the senior member of the Board.