Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com ANDHRA PRADESH (ANDHRA AREA) INAMS (ABOLITION AND CONVERSION INTO RYOTWARI) RULES, 1957 CONTENTS 1. . 2. . 3. . 4. . 5. . 6. . 7. . 8. . 9. . 10. . 11. . 12. . 13. . 14. . 15. . 16. . 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: 1. . :- These rules may be called the A.P. (A.A.) Inams (Abolition and Conversion into Ryotwari) Rules, 1957. 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. 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. 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. 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. 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. 7. . :- The ryotwari patta, referred to in sub section (1) of Section 7, shall be in Form VIII. 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. 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. 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. 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). 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. 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. 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. 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. 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.