Act Description : ANDHRA PRADESH (ANDHRA AREA) ESTATES LAND
(REDUCTION OF RENT) ACT, 1947
Act Details :
ANDHRA PRADESH (ANDHRA AREA)
LAND (REDUCTION OF RENT) ACT, 1947
ESTATES
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 shold 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 Estatates 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 subSection (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 subsection (2) of section 3, the tenant shall pay the balance to the landowner 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 subsection (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
supplemental, incidental and consequential orders
issue
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.
(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.
Act Type : Andhra Pradesh State Acts