[1]ANDHRA PRADESH (ANDHRA AREA)
KARNAMS REGULATION, 1802 A Regulation for establishing the Office of Karnam,
and defining the Duties of the said Office, in the [2][* *
*] [3][Andhra
area of the State of Andhra Pradesh.] [4] * * * The office of karnam
being still of great importance to the preservation of the rights and property
of the people, it is expedient to provide for the continuance of that office on
an efficient establishment, for the purpose of facilitating the decision of
suits in the Courts of Judicature, of preventing the diminution of the fixed
revenue of the Government and of securing individual persons from injustice, by
enabling the public officers of Government and the Courts of Judicature to
procure authentic information and accounts. In conformity, therefore, to the
ancient usages of the country, the following rules have been enacted for the
establishment of the office of Karnam. An office of record, under a karnam, shall be
established in each village of a district where the land-revenue may have been
permanently assessed on the lands; provided the revenues arising from such
village, inclusively of charges, may amount to the annual sum of four hundred
pagodas or upwards. But in villages where the annual revenue may be less than
the said sum of four hundred pagodas, it shall be competent for one karnam to
superintend and discharge the duties of the karnam's office in two or more
villages. The nomination of persons to the office of karnam
shall be in the actual proprietors of land. [Appointment to office.] Repealed by Central Act
XII of 1876. [5][* * * *] Where vacancies may occur in the office of karnam,
either by death or dismission, the land-holder concerned shall report the event
to the Collector, and shall within thirty days nominate a proper person to fill
the vacancy acquainting the Collector with the name of such person. In filling vacancies in the office of the karnam
the heirs of the preceding karnam shall be chosen by the landholders concerned,
except in cases of incapacity, on proof of which before the Judge of the zila
the said landholders shall be free to exercise their discretion in the
nomination of persons to fill vacancies. Proprietors of land shall deposit in the Adalat of
the zila in the head kachari of the Collector, and in the principal kachari of
each zamindari or estate authentic list containing the names of the karnams on
their respective estates, and the names of the villages of which the said
karnams may have been appointed to keep the accounts. It shall be competent for the Board of Revenue at
the [6][State]
to authorize, through the channel of the Collectors, the proprietors of land to
reduce the number of karnams in all cases where such reductions may appear to
be advisable to the said Board. Proprietors of land neglecting to appoint karnams
shall be liable to fine for such neglect, at the discretion of the Adalat of
the zila. First.--Karnams duly appointed to their offices shall
keep complete registers of the extent of the lands in each village specifying
the boundaries, and landmarks, and showing their appropriation: namely, arable,
cultivated and uncultivated, pasture, occupied for houses, gardens, rivers,
tanks, springs or wells, waste in hills, jungle or rocks. Registers to specify lands exempt
from payment of revenue by established usage; Second.--The said registers shall specify the
extent and description of land in each village exempt from paying revenue to
Government at the time when the permanent assessment was fixed, the purposes to
which the exempted lands are appropriated, and the names of the holders of such
lands. and lands exempt from payment of
revenue by grants or sanads. Third.--The said registers shall specify the lands
in each village exempted by grants or sanads from paying revenue to Government,
the purposes for which such lands were granted, the condition of the grant, and
the names of the holders. Karnams to report death of
incumbents on such lands. Fourth.--Karnams shall report to the proprietors of
lands the death of all incumbents on lands exempted from the payment of revenue
to Government. Their duty as to crop. Fifth.--Karnams shall be present at the estimation
of the crop, at the beating out, and at the measuring of the grain. Gross produce of all lands, with
particulars as to its division to be registered. Sixth.--Karnams shall keep true accounts of the
gross produce of all lands, whether paying revenue to Government or not; where
the produce of such lands may be shared between the proprietors and the
cultivators, karnams shall also enter in their registers the quantity of grain
so divided, as well as the rates of division. Amount of fees and meras paid in
a village to be registered. Seventh.--Karnams shall enter in their registers
the rates and amount of all fees and meras [7]appropriated
to the officers and servants of the villages, specifying whether such fees
or meras are payable from the gross produce of the entire lands, from the
proprietor's share or from the raiyat's share. Karnams to keep registers of
lands paying money-rent; Eighth.--Where lands may be liable to pay
money-rents karnams shall keep registers of the extent of the land cultivated,
and of the rates and amount of the money-rents. to register lands cultivated in
gardens; Ninth.--Karnams shall keep registers of the land
cultivated in gardens, and of the rates and amount of the division of the
produce of such lands, when the produce may be divided in kind. to register quit rents and
ready-money payments; Tenth.--Karnams shall keep registers of the
quit-rent and ready-money payments collected in each village. and price current of grain; Eleventh.--Karnams shall keep monthly registers of
the price of all kinds of grain. and passengers reported by
village-watcher. Twelfth.--Karnams shall keep registers of strangers
passing or repassing as reported to him by the village-watcher, and such
registers shall at all times, be open to the inspection of the officers of
police. Rules for keeping entire accounts
and records of office of karnam. Thirteenth.--Karnams shall keep the accounts which
are to exhibit the actual revenue and charges of the village, and the records
of their offices entire; and shall not carry such accounts or records out of
their respective villages, unless required to do so by competent authority.
Karnams secreting the accounts or records of their offices, or transporting
them beyond their respective villages except by due authority, shall be liable
to fine and imprisonment until the accounts and records may be produced; but
proprietors or farmers of lands shall at all times have free access to the
accounts and records, with power to take copies of them. Karnams shall produce, whenever required by the
proprietor or farmer of the lands, by the Collector or by the Adalat of the
zila, the records and accounts relating to the lands, produce, revenue and
charges of their villages respectively. Collectors shall not demand from karnams their
accounts or records for any other purpose than that of assessing the public
revenue upon; the portions of estates which it may be necessary to divide, in
consequence of attachment for arrears of revenue, or in pursuance of a decree
of a Court of Judicature, or for the accommodation of the joint proprietors of
lands; provided that this section shall not be construed to preclude Collectors
or other public officers from demanding from karnams the information required
for the due administration of the revenues of such lands as may escheat
to [8][the
Government] or remain khas after attachment for arrears of revenue. On complaints by the proprietors of land, the
Adalats of the several zilas shall have authority to make orders to prohibit
the Collectors respectively from demanding the attendance of the karnams, the
accounts or information; and to levy fines from such Collectors for persisting
to demand their attendance, accounts or information for any other purposes than
those authorised by this Regulation. Where Collectors or Courts of Judicature may have
occasion to require the attendance of a karnam, a notice shall be delivered to
the said karnam specifying the time and place of attendance, the nature of the
accounts required and the persons before whom; such accounts shall be examined. Where karnams may refuse to comply, or may
unreasonably delay to comply, with such notice duly communicated, it shall be
competent for the Adalat to punish such karnams by fine or imprisonment until
the accounts or information required be produced. Karnams shall be compellable to swear to the truth
of such accounts or information as they may furnish before a Court of
Judicature; and it shall be competent for the Court to grant a commission for
the purpose of receiving the depositions of such karnams as it may be necessary
to examine at a distance from the Court; provided that the said commission
shall contain the name of each karnam to be examined on oath. Where karnams may deliver false or fabricated or
mutilated accounts or information, after having been duly sworn, the Judge of
the Adalat shall commit such karnams to be tried for the crime of perjury [* *
*][9] Proprietors of land or other persons associating
themselves with karnams for the purpose of producing or procuring false or
fabricated or mutilated accounts or information shall also be committed by the
Judge of the Adalat for trial [* * * *][10] for
subornation of perjury. [1] Short title, " The Madras
Karnams Regulation, 1802" was given by Central Act 11 of 1901. For that
short title, this was subs. by Andhra Pradesh Act IX of 1961, First Sch. This Reg.
was declared by Central Act 15 of 1874--S. 4 and the Second Sch.-- to be in
force in the whole of the Presidency of Mad. except the territories mentioned
in the Sixth Sch. to that Act. The Reg. has been extended by a notification
under S. 5 of Central Act XIV of 1874 to the Bhadrachalam taluk and the Muttas
of Dutcharti and Guditeru of the Godavari Agency--see Fort St. George Gazette,
Pt. I, p. 553. The Reg. is not in force in the Nugur taluk. It was declared by
S. 7, cl. 1 of Mad. Reg. II of 1806, that the provisions of Ss. 1 to 10 and 13
to 16 of this Reg. should not extend to districts of which the revenue was not
permanently settled, and rules for the duties of karnams in such districts were
enacted in S. 7, cl. 2 of Reg. 11 of 1806, in addition to those prescribed by
Ss. 11, 12, 17 and 18 of Reg. XXXIX of 1802. Further duties were assigned to
karnams by Reg. XI of 1816. Reg. XXIX
of 1802 ceases to be in force in estates where Act II of 1894 is extended to
the office of Village-accountant--see S. 3 of that Act. On and
after the commencement of Act III of 1895 (which, however, does not apply to
Scheduled Districts), no portion of this Reg. shall continue to apply to any
local area which is not a permanently settled proprietary estate--see S. 2 (1)
of the Act. [2] The word " British "
was omitted by the A.O., 1950. [3] For the words " Territories
subject to the Presidency of Fort St. George," the words " State of
Andhra " were subs. by the A.A.O., 1953 and for the words '' State of
Andhra" these words were subs. by Andhra Pradesh Act IX of 1961, s. 4 (1). [4] The first portion of the preamble
was rep. by Central Act XII of 1876. [5] This section was omitted by the
A.O., 1937. [6] Subs. for the word
"Presidency" by A.A.O., 1953. [7] Mera means, according to Wilson,
" a portion of the crop given as a perquisite to the holders of a
proprietary right in the village lands or to the hereditary village-officers
and servants, out of the common stock from the threshing-floor." [8] The words " the Crown
" were subs. for the word " Government " by the A.O., 1937 and
the word " Government" was subs. for " Crown " by the A.O.
1950. [9] The words " the Crown
" were subs. for the word " Government " by the A.O., 1937 and
the word " Government" was subs. for " Crown " by the A.O.
1950. [10] The words " before the
Court of Circuit" were rep. by Central Act XII of 1876.ANDHRA PRADESH (ANDHRA AREA) KARNAMS REGULATION, 1802
PREAMBLE