A Regulation to extend the provisions of the Andhra Pradesh (Andhra
Area) Court of Wards Act, 1902, with certain modifications to the Scheduled
areas in the Andhra area of the State of Andhra Pradesh. Whereas it is
expedient to extend the provisions of the Andhra Pradesh (Andhra Area) Court of
Wards Act, 1902, with certain modifications to the Scheduled areas in the
Andhra area of the State Andhra Pradesh. It is hereby enacted
as follows. (1)
This Regulation may be called the
Andhra Pradesh (Andhra Scheduled Areas) Court of Wards Regulation, 1940. (2)
It extends to the whole of the
Scheduled Areas in the East Godavari, West Godavari and Visakhapatnam
districts. Sections 2 to 67
of the Andhra Pradesh (Andhra Area) Court of Wards Act, 1902 hereinafter
referred as to the said Act) shall apply to the whole of the Scheduled Areas to
which this Regulation extends subject to the following modifications, namely. (i)
in section 4 of the said Act
after the definition of 'Proprietor' the following definition shall be added,
namely- "Agency
Rules" means the rules made under Section 6 of the Scheduled Districts
Act, 1874, for the administration of the Agency tracts or the Andhra area of
the State of Andhra Pradesh and for regulation of the procedure of the officers
appointed to administer them as amended by Regulation made under sub-section
(2) of Section 92 of the Government of India Act, 1935, or under sub-paragraph
(2) of paragraph 5 of the Fifth Schedule to the Constitution"; (ii)
in Section 12 of the said Act for
the words and figures, "the Madras Local Boards Act, 1884 "Madras
Act, 1920" shall be substituted; (iii)
in Section 35 of said Act, (a)
the word "in so far as it
may be consistent with the provisions for the time being in force of this or
any other Act or any other Act or of any rule or with the customary law"
shall be inserted at the commencement; and (b)
the words "not inconsistent
with the provisions of this or any other Act for the time being in force"
shall be omitted, (iv)
in Section 43 of the said Act,- in sub-section
(3), for the words and figures 'under the Madras Rent Recovery Act, 1865' the
words "under any law for the lime being in force" shall be
substituted; and In sub-section
(4), for the words "Code of Civil Procedure" the words "Agency
Rules" shall be substituted; (v)
in Section 45 of the said Act, (a)
In sub-section (2), for the words
"the Code of Civil Procedure" the words "the Agency Rules or any
other law for the time being in force" shall be substituted; and (b)
in sub-section (3), the words and
figures "including the powers of the Civil Court under Sections 294 and
312 of the Code of Civil Procedure "shall be omitted and for the words
" under the Code of Civil Procedure or other law", the words
"under any law" shall be substituted; (vi)
in Section 47 of the said Act,
for the words and figures "Sections 321, 322, 322-A, 322-B, 322-C, 322-D,
323, 324, 324-A, 325, 325-A, and 325-C of the Code of Civil Procedure" the
words figures "Rules 1 to 11 and 13 of the Third Schedule to the Code of
Civil Procedure, 1908" shall be substituted; and (vii)
in Section 53 of the said Act - (a)
in sub-section (1), for the words
and figures "Section 527 of the Code of Civil Procedure" the words
and figures Rule 1 of Order XXXVI of the First Schedule to the Code of Civil
Procedure, 1908" shall be substituted; and (b)
in sub-section (3), for the words
and figures, "Chapter XXXVIII of the Code of Civil of Procedure" the
words and figures "Order XXXVI of the First Schedule to the Code of Civil
Procedure, 1908" shall be substituted.THE
ANDHRA PRADESH (ANDHRA SCHEDULED AREAS) COURT OF WARDS REGULATION, 1940
PREAMBLE