Telangana Revenue Summonses Act, 1869
(Act No. 3 of 1869)
Last Updated 16th January, 2020 [tel142]
The Andhra Pradesh Revenue Summonses Act, 1869 in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
This Act was extended to the transferred territories (Telangana Area) by section 3 of the Andhra Pradesh Revenue Summonses (Extension and Amendment) Act, 1958 (Andhra Pradesh Act XX of 1958).
1. Revenue officers empowered to summon persons to appear or to produce documents. - Collectors, Sub-Collectors, Assistant Collectors, Deputy Collectors, Tahsildars and Deputy Tahsildars shall have power to summon [any person] whose evidence may appear to them to be necessary for the investigation of any matter in which they are authorized to hold an inquiry, and also to require the production of any [document or other article] relevant to the matter under inquiry, which may be in the possession or under the control of such person.
[2. Terms of summons. - Such summons shall be in writing, and authenticated by the signature and seal of the officer by whom it is issued.
It shall require the person summoned to appear before the said officer at a stated time and place, and shall specify whether his attendance is required for the purpose of giving evidence or to produce a [document or other article] or for both purposes; and any particular [document or other article] the production of which is required, shall be described in the summons with convenient certainty.
3. Service of summons. - The summons shall be served personally on the person summoned, or if he cannot be found, it may be left for him with some adult member of his family residing with him, [or by affixing it on the outer door or other conspicuous part of the premises in which he is known to have last resided or carried on business or personally worked for gain].
4. Persons summoned to produce may send documents by third party. - Any person may be summoned to produce a [document or other article] without being summoned to give evidence; and any person summoned merely to produce a [document or other article] shall be deemed to have complied with the summons if he causes such [document or other article] to be produced, instead of attending personally to produce the same.
5. When personal attendance or witnesses dispensed with. - When the person whose evidence may be required is unable, from sickness or infirmity, to attend before the officer issuing the summons, or is a person whom by reason of rank or sex it may not be proper to summon, the officer issuing the summons may, of his own motion, or on the application of the party whose evidence is desired, dispense with the appearance of such person, and order him to be examined by a subordinate deputed by such officer for the purpose.]
[6. Officers to have powers of a civil court in certain matters. - The officer issuing the summons or a subordinate deputed by such officer under section 5, shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908,(Central Act 5 of 1908) for,-
(a) summoning and enforcing the attendance of any person and examining him on oath; and
(b) requiring the production of any document or other article.
7. Power to make rules. - (1) The State Government may, by notification in the [Telangana] Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for,-
(a) the form of summons to be issued under this Act;
(b) the scale of fees to be levied for the service of processes, when summons are issued at the instance of parties in an enquiry;
(c) the scale of allowances payable to persons summoned to give evidence and their deposit by parties at whose instance the summons are issued:
(d) any other matter incidental to, or necessary for carrying out the purposes of this Act.
(3) All rules made under the section shall be laid on the table of the Legislature as soon as possible after they are made and shall be subject to such modifications whether by way of repeal or amendment as the legislature may make within 14 days thereafter during the session in which they are so laid.]