ANDHRA PRADESH BOARD OF REVENUE (REPLACEMENT BY COMMISSIONERS) ACT, 1977

8 of 1977

28TH MARCH, 1977

STATEMENT OF OBJECTS AND REASONS (Published in A.P.Gazette Part IV A Extraordinary dated 28-3-1977) The question of abolishing the Board of Revenue and replacing it by another set up more suited to the present times has been engaging the attention of the Government for some time past as one of the most important measures of administrative reforms. With this end in view, the Government appointed a "One Man Committee" headed by Sri S.R.Kaiwar, I.C.S. (Retired), to examine the proposal in all its aspects. The Government, after careful examination of the report submitted by the said Committee, have decided to abolish the Board of Revenue and to appoint Commissioners in its place to function as independent heads of department.

An Act to provide for the abolition of the Board of Revenue and to appoint Commissioners in its place in the State of Andhra Pradesh. Be it enacted by the Legislature of the State of Andhra Pradesh in the Twenty eighth Year of the Republic of India as follows:

Section 1 Short title and commencement

(1) This Act may be called the Andhra Pradesh Board of Revenue (Replacement by Commissioners) Act, 1977.

(2) It shall be deemed to have come into force on the 1st February, 1977.

Section 2 Definitions

In this Act, unless the context otherwise requires, 197

(a) "Board" means the Board of Revenue ;

(b) "Commissioner" means a Commissioner appointed under Section 4;

(c) "Government" means the State Government;

(d) "Local area" means a revenue district or parts of revenue district, specified in the notification under Section 4 or Section 5 ;

(e) "Member" means a Member of the Board of Revenue ;

(f) "Notification" means a notification published in the Andhra Pradesh Gazette and the word "notified" shall be construed accordingly.

Section 3 Divesting of the power of the Board and vesting them in the Commissioner

The jurisdiction, powers and duties of the Board under the provisions of the Andhra Pradesh (Andhra Area) Board of Revenue Regulation, 1803, (Regulation of 1803), the Andhra Pradesh (Telangana Area) Board of Revenue Regulation, 1358 F. (LX of 1358 F.) or any other law for the time being in force shall, with effect on and from the date specified in the notification under Section 4, and in respect of such matters and within such local area as may be specified therein, stand transferred to and be vested in and exercised by the Commissioner concerned.

Section 4 Appointment of Commissioners

The Government may, by notification and with effect from the date specified therein, appoint such number of commissioners as they deem fit and may authorise them to exercise, either through out the State or in such local area as may be specified therein all or any of the powers vested in the Board by or under any law for the time being in force; and may, in like manner withdraw such authorisation.

Section 5 Vesting of additional powers in Commissioner

The Government may also authorise any Commissioner to exercise any of the powers vested by or under any law for the time being in force in any authority (other than the Board of Revenue) under the control of the Government, and also specify the local area within which such powers may be exercised.

Section 6 Act to override other laws

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Andhra Pradesh (A.A.) Board of Revenue Regulation, 1803, the Andhra Pradesh (Andhra Area) Revenue Commissioners Act, 1849 (Central Act X of 1849) or the Andhra Pradesh (Andhra Area) Board of Revenue Act, 1894 (Act 1 of 1894) or the Andhra Pradesh (Telangana Area) Board of Revenue Regulation, 1358 F. (Regulation XL of 1358 F.) or in any other law for the time being in force.

Section 7 Power to make rules

(1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.

(2) Every rule made under this section shall immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session in the session immediately following for a total of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule, or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 8 Construction of references to Board or Member

In the application, notification, scheme, form or order, any reference to the Board or Member shall, unless the context otherwise requires, be deemed to be a reference to the Commissioner concerned.

Section 9 Power to remove difficulties

(2) Every order made under this section shall, as soon as, may be after it is made, be laid before each House of the Legislature.

Section 10 Repeal of Ordinance 3 of 1977

The Andhra Pradesh Board of Revenue (Replacement by Commissioners) Ordinance, 1977 is hereby repealed.