[1][ANDHRA PRADESH (ANDHRA AREA)
ENDOWMENTS AND ESCHEATS REGULATION, 1817] [Regulation No. 08 of 1817] A Regulation for the due appropriation of the rents
and produce of lands granted for the support of mosques, Hindu temples and
colleges, or other public purposes; for the maintenance and repair of bridges,
choultries or chattrams, and other public buildings; and for the custody and
disposal of escheats. Whereas considerable endowments have been granted
in money, or by assignments of lands, or of the produce or portions of the
produce of land by former Governments of this country, [2][* * * *
* * * *] and by individuals for the support of mosques, Hindu temples, colleges
and choultries, and for other pious and beneficial purposes; and whereas there
are grounds to believe that the produce of such endowments is in many instances
appropriated, contrary to the intentions of the donors, to the personal use of
the individuals in immediate charge and possession of such endowments, and
whereas it is the duty of the Government to provide that all such endowments be
applied according to the real intent and will of the grantor; and whereas it is
moreover expedient to provide for the maintenance and repair of bridges,
choultries, chattrams and other buildings which have been erected either at the
expense of Government or of individuals, for the use and convenience of the
public; and also to establish proper rules for the custody and disposal of
escheats--the following rules have been enacted, to be in force from the date
of their promulgation throughout the [3][Andhra
area of the State of Andhra Pradesh.] The general superintendence of all endowments in
land or money granted for the support of mosques, Hindu temples or colleges, or
for other pious and beneficial purposes, and of all public buildings, such as
bridges, choultries, or chattrams, and other edifices in the [4][* *
*] [5][Andhra
area of the State of Andhra Pradesh], is hereby vested in the Board of Revenue. It shall be the duty of the Board of Revenue to
take such measures as may be necessary to ensure that all endowments made for
the maintenance of establishments of the description above-mentioned are duly
appropriated to the purpose for which they were destined by the Government or
the individuals by whom such endowments were made. In like manner it shall be
the duty of that Board to provide, [6][* * * *]
for the due repair and maintenance of all public edifices which have been
erected at the expense either of the former or present Government, or of individuals,
and which either are or can be, rendered conducive to the convenience of the
community. In those cases, however, in which any of the buildings
specified in the preceding section have fallen to decay, and cannot be
conveniently repaired, or are not calculated, if repaired, to afford any
material accommodation to the public, the Board of Revenue shall submit to
'[the State Government] their opinion as to the most expedient mode of
disposing of such buildings; and they shall be sold on the public account, or
otherwise disposed of, as the [7][State
Government] may determine. Under the foregoing rules it may be incumbent on
the Board of Revenue to prevent any endowments in land or money, which have
been granted for the support of establishments of the above description, or any
public edifices, from being converted to the private use of individuals or
otherwise misappropriated. The general superintendence of all escheats is
likewise hereby vested in the Board of Revenue, who will, through the channel
hereafter mentioned, inform themselves fully of all property of that
description, and submit to [8][the
State Government] their opinion as to the most expedient mode of disposing
thereof; and the same shall be sold on the public account, or otherwise
disposed of, as the [9][State
Government] may determine. To enable the Board of Revenue the better to carry
into effect the duties entrusted to them by this Regulation, local agents shall
be appointed in each zilla, subject to the authority, control and orders of
that Board. The Collector of the zilla shall be exofficio one
of those agents, and the [10][State
Government], when [11][it]
deems it necessary, may appoint any other public officer or officers from the
civil, military or medical branch of the service to act in conjunction with
him. Under the provisions of the present Regulation it
will be the duty of the local agents to obtain full information from the public
records, and by personal inquiries, respecting all endowments, establishments
and buildings of the nature of those before described, and respecting all
escheats, and to report to the Board of Revenue any instance in which they may
have reason to believe that lands or buildings, or the rent or revenues derived
from lands are unduly appropriated, being in all cases careful not to infringe
any private rights, or to occasion unnecessary trouble or vexation to
individuals. The said local agents shall further ascertain and
report to the Board of Revenue the names of the present trustees, managers or
superintendents of the several institutions, foundations or establishments
above described, together with other particulars respecting them, and by whom
and under what authority they have been appointed or elected, and whether in
conformity to the special provisions of the original endowment and
appropriation by the founder or under any general rules or maxims applicable to
such institutions and foundations. The local agent shall also report to the Board of
Revenue all vacancies and casualties which may occur, with full information of
all circumstances, to enable that Board to judge of the pretensions of the
person or persons claiming the trust, particularly whether the succession has
been heretofore by inheritance in the line of descent, or whether the successor
has been in former instances elected, and by whom, or whether he has been
nominated by the founder, or his heir or representative, or by any other
individual patron of the foundation, or by any officer or representative of
Government, or directly by the Government itself. In those cases in which the nomination has usually
rested with the Government, or with the public officer, or in which no private
person may be competent and entitled to make sufficient provision for the
succession to the trust and management, it will be the further duty of the
local agents to propose, for the approval and confirmation of the Board of
Revenue, a person or persons for the charge of trustee, manager or
superintendent, strictly attending to the qualifications of the person or
persons selected, and to any special provisions of the original endowments and foundation,
and to the general rules or the known usages of the country applicable to such
cases. On the receipt of the report and information
required by the preceding clause, the Board of Revenue shall either appoint the
person or persons nominated for their approval, or shall make such other
provision for the trust, management or superintendence, as may to them seem
right and fit, with reference to the nature and conditions of the endowment,
having previously called for any further information from the local agents that
may appear to them to be requisite. Nothing contained in this Regulation shall be
construed to preclude any individual who may conceive that he has just grounds
of complaint on account of any orders which may be passed by any of the
before-mentioned authorities with respect to the appropriation of any lands or
buildings, or of any rents and revenues from lands, of the nature of those
before described, from suing in the mode and form prescribed by the Regulations
where [12][the
Government] or public officers are parties; or under the general provisions of
Regulations, if the suit be brought against a competitor or other private
person, for the recovery thereof in the regular course of law, or for
compensation in damages for any loss or injury supposed to have been unduly
sustained by him. It is to be clearly understood that the object of
the present Regulation is solely to provide for the due appropriation of lands
or other endowments granted for public purposes agreeably to the intent of the
grantor, and not to resume any part of them or of their produce, for the
benefit of Government. In like manner it is fully intended that all buildings
erected by any former or the present Government, or by individuals, for the
convenience of the public, should be exclusively appropriated to that purpose,
with the exception of such as have fallen to decay and cannot be conveniently
repaired or which can no longer contribute to the accommodation of the
community. The legislative provisions now in force or which
may hereafter be enacted, for the punishment of fraud or embezzlement in
the [13][*
* * *] servants of [14][the
Government] employed under the Collector in the department of land-revenue,
shall be held applicable to all [15][* * *
*] servants, and to all trustees, managers or superintendents employed in, or
charged with, the settlement, custody or appropriation of the revenues, funds
or other property of the public institutions referred to in this Regulation. [16][Notwithstanding anything
hereinbefore contained, the [17][State
Government] may delegate power to dispose of buildings under section 4 of
escheats under section 6 to the Board of Revenue or to any officer not below
the rank of an officer in charge of the revenue administration of a division of
a district.] [1] Short title, "The Madras
Endowments and Escheats Regulation, 1817" was given by Central Act 11 of
1901. For that short title this was substituted by Andhra Pradesh Act IX of
1961, First Schedule This Reg.
shall cease to apply to Hindu Religious institutions and endowments--see Act
XIX of 1951, Section 5(3). So much
of this Reg. as relates to endowments for the support of mosques, Hindu temples
or other religious purposes is rep. by Central Act 20 of 1863. This Reg.
was declared by Central Act 15 of 1874, s. 4 and the second Schedule to be in
force in the whole of the Presidency of Mad. except the territories mentioned
in the Sixth Schedule to that Act. It has
been declared by notification under S. 3(a) of Central Act XIV of 1874 to be in
force in the Rampa Country--see Gazette of India, 1879, Pt. I, P. 630 and Fort
St. George Gazette, Pt. I, p. 722. It has
been extended by notification under S. 5 of the above-named Act, to the taluks
of Bhadrachalam and Rakapilli--see Gazette of India, 1879, Pt. I, p. 630 and
Fort St. George, Pt. I, p. 722. It has
been declared by notification under S. 3(b) of the same Act, not to be in force
in the Scheduled Districts in Ganjam and Vizagapatam--see Fort St. George
Gazette, 1898, Pt. I, p. 667, and Gazette of India, 1898, Pt. I, p. 872. It is in
force in the Nugur taluk of the East Godavari district by virtue of Section
2(1) of Central Reg. I of 1909. It has
been declared by a notification under Section 3, cl. (a) of Central Act XIV of
1874 to be in force in the Dutcharti and Guditeru Muttas of the Godavari
Agency--See Fort St. George Gazette, 1930, Pt. I, p. 553. [2] The words "as well as by
the British Government" were omitted by the A.O. 1950. [3] For the words "territories
immediately dependent on the Presidency of Fort St. George" and
"territories dependent on the Presidency of Fort St. George", the
words "State of Andhra" were substituted by the A.A.O. 1953 and for
the words "State of Andhra" these words were substituted by Andhra
Pradesh Act IX of 1961, Section 4(1). [4] The word "several" was
omitted by the A.P. A.O. 1957. [5] Short title, "The Madras
Endowments and Escheats Regulation, 1817" was given by Central Act 11 of
1901. For that short title this was substituted by Andhra Pradesh Act IX of
1961, First Schedule This Reg.
shall cease to apply to Hindu Religious institutions and endowments--see Act
XIX of 1951, Section 5(3). So much
of this Reg. as relates to endowments for the support of mosques, Hindu temples
or other religious purposes is rep. by Central Act 20 of 1863. This Reg.
was declared by Central Act 15 of 1874, s. 4 and the second Schedule to be in
force in the whole of the Presidency of Mad. except the territories mentioned
in the Sixth Schedule to that Act. It has
been declared by notification under S. 3(a) of Central Act XIV of 1874 to be in
force in the Rampa Country--see Gazette of India, 1879, Pt. I, P. 630 and Fort
St. George Gazette, Pt. I, p. 722. It has
been extended by notification under S. 5 of the above-named Act, to the taluks
of Bhadrachalam and Rakapilli--see Gazette of India, 1879, Pt. I, p. 630 and
Fort St. George, Pt. I, p. 722. It has
been declared by notification under S. 3(b) of the same Act, not to be in force
in the Scheduled Districts in Ganjam and Vizagapatam--see Fort St. George
Gazette, 1898, Pt. I, p. 667, and Gazette of India, 1898, Pt. I, p. 872. It is in
force in the Nugur taluk of the East Godavari district by virtue of Section
2(1) of Central Reg. I of 1909. It has
been declared by a notification under Section 3, cl. (a) of Central Act XIV of
1874 to be in force in the Dutcharti and Guditeru Muttas of the Godavari
Agency--See Fort St. George Gazette, 1930, Pt. I, p. 553. [6] The words "with the
sanction of Government" were rep. by Act VIII of 1914. [7] The word "several" was
omitted by the A.P. A.O. 1957. [8] The words "the Provincial
Government" were substituted for the word "Government" by the
A.O. 1937 and the word "State" was substituted for
"Provincial" by the A.O. 1950. [9] The words "Provincial
Government" were substituted for the words "Governor in Council"
by the A.O. 1937 and the word "State" was substituted for
"Provincial" by the A.O. 1950. [10] The words "Provincial
Government" were substituted for the words "Governor in Council"
by the A.O. 1937 and the word "State" was substituted for
"Provincial" by the A.O. 1950. [11] This word was substituted for
the word "he" by the A.O. 1937. [12] The words "the Crown"
were substituted for the word "Government" by the A.O. 1937 and the
word "Government" was substituted for "Crown" by the A.O. 1950. [13] The word "Native" was
omitted by the A.O. 1950. [14] The words "the Crown"
were substituted for the word "Government" by the A.O. 1937 and the
word "Government" was substituted for the word "Crown" by
the A.O. 1950. [15] The word "Native" was
omitted by the A.O. 1950. [16] Section 17 was added by Act VIII
of 1914. [17] The words "Provincial
Government" were substituted for the words "Governor in Council"
by the A.O. 1937 and the word "State" was substituted for the word
"Provincial" by the A.O. 1950.[ANDHRA PRADESH (ANDHRA AREA) ENDOWMENTS AND ESCHEATS
REGULATION, 1817]
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