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State of Maharashtra - Act

The Hyderabad Abolition of Inams and Cash Grants Act, 1954

MAHARASHTRA
India

The Hyderabad Abolition of Inams and Cash Grants Act, 1954

Act 8 of 1955

Published on 16 July 1955
Commenced on 16 July 1955
[This is the version of this document from 16 July 1955.]
[Note: The original publication document is not available and this content could not be verified.]

The Hyderabad Abolition of Inams and Cash Grants Act, 1954(Act No. 8 of 1955)Statement of Objects and Reasons. - A large number of Kabiz-e-Kadim, permanent tenants and tenants under the Hyderabad Abolition of Inams and Cash Grants Act, 1954, are not in actual possession of the land inspite of the fact that they have paid the full occupancy price and have thus become occupants under the Hyderabad Land Revenue Act, 1317 F and the rules made thereunder.In order the put these occupants in actual possession of the land it is necessary to make suitable provision to that effect in the said Act. The Bill seeks to achieve this object.Received the assent of the President on the 16th July, 1955; assent first published in the Hyderabad Gazette, Extraordinary, No. 90, on the 20th July, 1955.An Act to abolish Inams [and Cash Grants] [Inserted by Bombay 64 of 1959, Section 2.] in the Hyderabad State.Preamble. - Whereas it is expedient in public interest to provide for the abolition of inams [and cash grants] [Inserted by Bombay 64 of 1959, Section 3.], with certain exceptions, in the Hyderabad State and for other matters connected therewith;Be it enacted in the Fifth Year of Our Republic as follows:-

Chapter I
Preliminary

1. Short title, extent and commencement.

(1)This Act may be called the Hyderabad Abolition of Inams [and Cash Grants] [Inserted by Bombay 64 of 1959, Section 4(1).] Act, 1954.

(2)It extends to [the Hyderabad area of the [State of Maharashtra] [Substituted for the words 'the whole of Hyderabad State' by the Bombay (Hyderabad Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.] and shall be applicable to all inams except -

(i)inams held by or for the benefit of charitable and religious institutions;

(ii)inams held for rendering village service useful to the Government or to the village community including sethsendhi, neeradi and balutha inams.

(2A)[ On the coming into force of the Hyderabad Abolition of Inams (Amendment) Act, 1959 this Act shall apply also to cash grants and inams of the nature of community service inams and watans] [Inserted by Bombay 64 of 1959, Section 4(2).].

(3)[ (a) This section, section 2, section 3 except clauses (d), (g), (h), and (i) of sub-section (2), sections 30 to 34 (both inclusive), section 35 to the extent to which it enables rules to be made for the purposes of the aforesaid sections, section 36 and section 37, shall come into force on the date of publication of this Act in the Official Gazette ;] [Substituted by Act No. X of 1956, published in the Gazette, Extraordinary, No. 79, dated the 20th April, 1956.]

(b)[ the rest of this Act shall come into force on such date as the Government may by notification in the Official Gazette , appoint in this behalf] [The rest of the provisions of this Act came into force on 1st July, 1960 vide Notification No. H.I.A., 1060-IV-(a)-L, dated the 3rd June, 1960, of Revenue Department published in Maharashtra Government Gazette of 9th June, 1960, Part IV-B, p. 50.].

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context -(al)[ cash grant means a grant of money or assignment of land revenue on the part of Government whether for the performance of certain duties, past or present, or for any reason whatever, but does not include - [Inserted by Bombay 64 of 1959, Section 5(1).](i)a cash grant held by or for the benefit of a charitable or religious institution,(ii)a cash grant payable for rendering service useful to Government other than service appertaining to the office of Desai or of a village accountant commonly known as Kulkami or Patwari,(iii)any pension granted to an ex-servant of Government in consideration of the service rendered by him to Government, or(iv)a cash grant which has been discontinued under the Hyderabad (Abolition of Cash Grants) Act, 1952, and to which the provisions of that Act apply, or(v)commutation sum payable to a Jagirdar under the Hyderabad Jagirs (Commutation) Regulation, 1359 Fasli];(a)Collector means the Collector of a district and includes any other officer, not below the rank of a Deputy Collector, who may be authorised by the Government by notification in the Official Gazette to discharge the functions of a Collector under this Act;(aa)[ community service mam means an inam held for performing service useful to the village community and includes an inam held for such service even where such service has ceased to be demanded; [Inserted by Bombay 64 of 1959, Section 5(2).](ab)computation settlement means a settlement made or confirmed under the law applicable to a watan relieving the holder, his heirs and successors of the liability of performing the services appertaining to such watan;](b)[ the expression date of vesting when used -] [Substituted by Act No. X of 1956, published in Gazette, Extraordinary No. 79, dated the 20th April, 1956.](i)[ in sub-section (1), sub-section (2) with reference to clauses (a), (b), (c), (e) and (f) and sub-section (3) of section (3) and, section 34, means, - [Substituted for the original, by Bombay 64 of 1959, Section 5(3).](A)in the case of inams other than those specified in clauses (i) and (ii) of sub-section (2-A) of section 1, the date of the publication of this Act in the Official Gazette , and(B)in the case of inams and cash grants to which this Act shall apply under sub-section (2A) of section 1, the date of the coming into force of the Hyderabad Abolition of Inams (Amendment) Act, 1959;](ii)elsewhere in this Act means the date appointed by the Government under clause (b) of sub-section (3) of section 1;(ba)[ holder of cash grant means a person holding a cash grant or a share therein and includes, - [ Inserted by Bombay 64 of 1959, Section 5(4).](i)his successor in interest,(ii)where such person is a minor or of unsound mind or an idiot, his lawful guardian, and(iii)where any cash grant is held by a joint Hindu family, such joint Hindu family;](c)Inam means land held under a gift or a grant made by the Nizam or by any Jagirdar, holder of a Samasthan or other competent grantor [whosoever, whether subject to the sovereignty of the Nizam or not] [Inserted by Bombay 64 of 1959, Section 5(5)( i) and shall be deemed always to have been inserted.] and continued or confirmed by virtue of a muntakhab or other title deed, with or without the condition of service [and whether or not coupled with] [Substituted for the words 'and coupled with', by Bombay 64 of 1959, Section 5(5)(ii).] the remission of the whole or part of the land revenue thereon and entered as such in the village records and includes, -(i)arazi makhta, arizi agrahar and seri inam; and(ii)lands held as inam by virtue of long possession and entered as inam in the village records :Provided that in respect of former Jagir areas, the expression inam shall not include such lands as have not been recognised as inams by Government after the abolition of the Jagirs,(d)inamdar means a person holding an inam or a share therein, either for his own benefit or in trust and includes the successor in interest of an inamdar, and -(i)where an inamdar is a minor or of unsound mind or an idiot, his lawful guardian;(ii)where an inamdar is a joint Hindu family such joint Hindu family;(e)Kabiz-e-kadim means the holder of inam land, other than an inamdar, who has been in possession of such land at the time of the grant of inam or has been in continuous possession of such land for not less than twelve years before the date of vesting and who pays the inamdar only the land revenue;(f)land revenue means the land revenue assessed by the Government under the Land Revenue Act, 1317 Fasli, and the rules thereunder, and where no land revenue has been assessed, the amount of land revenue that could be reasonably assessed if the land had been liable to payment of revenue;(g)[ occupied land means inam land, which is not uncultivated land, waste land, pasture land, or forest land or not comprising a mine, quarry, tank, irrigation works, stream or river and which is in the actual or constructive possession of an inamdar. [Substituted by Bombay 64 of 1959, Section 5(6).]Explanation. - For the purposes of this Act, land shall be deemed to be uncultivated if it has not been cultivated for a period of three years immediately before the date of vesting;](h)permanent tenant means a person who, from a date prior to 10th June, 1950, has been cultivating the inam land on a permanent lease from the inamdar whether under an instrument or an oral agreement [and includes a shikmidar] [Inserted by Bombay 64 of 1959, Section 5(7).];(i)prescribed means prescribed by rules made under this Act;(j)[ tenant means a tenant as defined in the Hyderabad Tenancy and Agricultural Lands Act, 1950, and includes a protected tenant but does not include a permanent tenant] [Substituted by Bombay 64 of 1959, Section 5(8).];(k)[ Watan means an inam held as a watan for service appertaining to the office of a village accountant commonly known as Kulkami or Patwari or known by any other similar name or for service appertaining to the office of a District (Pargana) Officer commonly known as Sardeshmukh, Deshmukh, Deshpande or Desai or known by any other similar name whether any commutation settlement in respect of such watan has or has not been effected;] [Substituted for the original, by Bombay 64 of 1959, Section 5(9).]

(1)quit-rent or quit-rent means the amount fixed by and payable to Government by Inamdar out of the land revenue assessed, on inam land.

(2)Words and expressions used in this Act but not defined therein shall have the meaning assigned to them in the Land Revenue Act, 1317 Fasli, the Hyderabad Tenancy and Agricultural Lands Act, 1950, and the Hyderabad Atiyat Enquiries Act, 1952 and the rules thereunder.

2A. [ Power of State Government or authorised officer to decide certain questions relating to inams and appeals. [Inserted by Bombay 64 of 1959, Section 6.]

(1)If any question arises, -

(i)whether any land is an inam,

(ii)whether any inam is held with or without conditions of service and whether or not coupled with the remission of the whole or part of the land revenue,

(iii)whether any inam is a community service inam or watan,

(iv)whether a commutation settlement in respect of any watan has or has not been effected,

(v)whether any land held as inam is or is not alienable without the permission of the competent authority, or

(vi)whether any person is a kabiz-e-kadim, permanent tenant or tenant, the State Government or an officer authorised by that Government shall decide the question.

(2)Whether any question is decided by an officer so authorised by the State Government, any person aggrieved by such decision may file an appeal to the State Government within ninety days from the date of such decision.

(3)Where from a decision of such officer no appeal is filed under sub-section (2), the State Government may, after the expiry of the period for appeal, but not later than one year from such decision, call for the record of the proceedings of such officer for the purpose of satisfying itself as to the legality, propriety or regularity of such proceedings or decision and may pass such order thereon as it thinks fit.

(4)The decision of the State Government under sub-section (1), or sub-section (2) in appeal, or under sub-section (3) and subject thereto the decision of the officer, shall be final.]

Chapter II

Abolition and vesting of Inam and the consequences thereof

3. Abolition and vesting of inams and the consequences thereof.

(1)Notwithstanding anything to the contrary contained in any usage, settlement, contract, grant, sanad, order or other instrument, Act, regulation, rules or order having the force of law and notwithstanding any judgement, decree or order of a Civil, Revenue or Atiyat Court, and with effect from the date of vesting, all inams to which this Act is made applicable under sub-section (2) [or subsection (2-A)] [Inserted by Bombay 64 of 1959, Section 7(1).] of section 1 of this Act shall be deemed to have been abolished and shall vest in the State.

(2)Save as expressly provided by or under the provisions of this Act and with effect from the date of vesting, the following consequences shall ensure, namely :

(a)the provisions of the Land Revenue Act, 1317 Fasli, relating to inams, and the provisions of the Hyderabad Atiyat Enquiries Act, 1952 and other enactments, rules, regulations and circulars in force in respect of Atiyat grants shall, to the extent they are repugnant to the provisions of this Act, not apply and the provisions of the Land Revenue Act, 1317 Fasli, relating to unalienated lands for purpose of land revenue, shall apply to the said inams;

(b)all rights, title and interest vesting in the inamdar, kabiz-e-kadim, permanent tenant [and tenant] [Substituted for the words 'protected tenant and non-protected tenant' by Bombay 64 of 1959, Section 7(2)(a).] in respect of the inam land, other than the interests expressly saved by or under provisions of this Act and including those in all communal lands, cultivated and uncultivated lands (whether assessed or not), waste lands, pasture lands, forests, mines and minerals, quarries, rivers and streams, tanks and irrigation works, fisheries and ferries, shall cease and be vested absolutely in the State free from all encumbrances;

(c)all such inam lands shall be liable to payment of land revenue;

[Explanation. - In the case of an inam land in respect of which the settlement of assessment has not been made under the Land Revenue Act, 1317 Fasli, the amount of land revenue thereon shall be assessed under section 52 of that Act with effect from the date of vesting under this section] [Added by Bombay 64 of 1959, Section 7(2)(b).].

(d)all rents and land revenue including cesses and royalties, accruing in respect of such inam lands, on or after the date of vesting, shall be payable to the State and not to the inamdar, and any payment made in contravention of this clause shall not be valid;

(e)all arrears of revenue, whether as judi, quit-rent or other cess, remaining lawfully due on the date of vesting in respect of any such inam shall, after such date, continue to be recoverable from the inamdar by whom they were payable and may, without prejudice to any other mode of recovery be realised by deduction thereof from the compensation amount payable to him under this Act;

(f)no such inam shall be liable to attachment or sale in execution of any decree or other process of any Court and any attachment existing on the date of vesting or any order for attachment passed before such date in respect of such inam, shall, subject to the provisions of section 73 of the Transfer of Property Act, 1882, cease to be in force.

(g)the inamdar and any other person whose rights have vested in the State under clause (b) shall be entitled only to compensation from the Government as provided for in this Act;

(h)the relationship with regard to inam land as between the inamdar and kabiz-e-kadim, permanent tenant [or tenant] [Substituted for the words 'protected tenant or non-protected tenant' b Section 7(2)(c).] shall be extinguished;

(i)the inamdar, kabiz-e-kadim, permanent tenant [and a tenant] [Substituted for the words 'protected tenant, and a non-protected tenant', by Bombay 64 of 1959, Section 7(2)(d).] of inam lands and any person holding under them and a holder of an inam, shall, as against the Government, be entitled only to such rights and privileges and be subject to such conditions as are provided for under this Act and any other rights and privileges which may have accrued to any of them in the inam before the date of vesting against the inamdar shall cease and shall not be enforceable against the Government or the inamdar;

(j)[ in the case of an inam to which this Act applies under subsection (2-A) of section 1, the inamdar shall stand released of the liability to render service, if any.] [Inserted, by Bombay 64 of 1959, Section 7(2)(e).]

(3)Nothing contained in sub-sections (1) and (2) shall operate as a bar to the recovery by the inamdar of any sum which becomes due to him before the date of vesting by virtue of his rights as inamdar and any such sum shall be recoverable by him by any process of law, which, but for this Act, would be available to him.

4. [ Abolition of cash grants and consequences thereof. [Substituted for sections 4 to 11 (both inclusive) by Bombay 64 of 1959, Section 8.]

- With effect on and from the date of the commencement of the Hyderabad Abolition of Inams (Amendment) Act, 1959, -

(1)all cash grants shall be discontinued and shall cease to have effect, and

(2)the holder of a cash grant shall stand released of the liability to render service, if any, attached to the cash grant.

(3)in the case of a cash grant consisting of assignment of land revenue, all the rights of the holder thereof (including the right to recover or appropriate land revenue under such grant in respect of any land) shall be extinguished and the land revenue in respect of such land shall be payable to the State Government in accordance with the provisions of the Land Revenue Act, 1317 Fasli.

5. Occupancy rights in respect of lands comprised in an inam held in perpetuity and which was alienable .

(1)In the case of an occupied land comprised in an inam including a community service, inam or watan, which under the terms of the grant or commutation settlement was to continue in perpetuity and was alienable without the permission of any competent authority,-

(i)if it is in the possession of a kabiz-e-kadim, or of a permanent tenant or tenant holding from the inamdar, such kabiz-e-kadim, permanent tenant or tenant, and

(ii)in other cases, the inamdar shall be primarily liable to the State Government for the payment of land revenue due in respect of the land held by him and shall, subject to the provisions of sub-sections (2), (3), (4) and (5), be entitled to all the rights and be liable to all the obligations in respect of such land as an occupant under the Land Revenue Act, 1317 Fasli and the rules made thereunder.

(2)In the case of land referred to in clause (i) of sub-section (1), -

(a)the permanent tenant shall be liable to pay occupancy price equal to twice the amount of the full assessment of the land in his possession, and

(b)the tenant shall be liable to pay occupancy price equal to six times the amount of the full assessment of the land in his possession, to the inamdar within the prescribed period and in the manner provided in sub-section (3) :

Provided that in the case of a tenant, the occupancy price may be paid in three equal instalments at such intervals as may be prescribed.

(3)The permanent tenant or, as the case may be, the tenant shall deposit the amount of the occupancy price payable by him under subsection (2), with the Collector within the period prescribed under that sub-section.

(4)If the permanent tenant or the tenant fails to deposit the amount of the occupancy price under sub-section (3), it shall be recoverable as an arrear of land revenue and if it is not so recovered within a period of one year from the expiry of the period prescribed under sub-section (2), the permanent tenant, or as the case may be, the tenant shall be deemed to be unlawfully occupying Government land and shall be liable to be summarily evicted therefrom in accordance with the provisions of the Land Revenue Act, 1317 Fasli.

(5)On the deposit under sub-section (3), or recovery under subsection (4), of the entire amount of the occupancy price payable by a permanent tenant or tenant, it shall be paid to the inamdar in the prescribed manner.

(6)Where under sub-section (4), a permanent tenant or tenant is deemed to be unlawfully occupying any land, such land shall be deemed to be vested in the inamdar as the occupant thereof free from encumbrances, if any created thereon by the permanent tenant or, as the case may be, the tenant and the inamdar shall be primarily liable to the State Government for the payment of the land revenue in respect of such land in accordance with the provisions of the Land Revenue Act, 1317 Fasli and the rules made thereunder.

6. Occupancy rights in respect of occupied land to which section 5 does not apply.

(1)In the case of an occupied land comprised in an inam other than land to which the provisions of section 5 apply, -

(a)where such land is in the possession of the inamdar, or kabiz-e-kadim or of a permanent tenant or tenant holding from the inamdar, then such inamdar, kabiz-e-kadim, permanent tenant shall, in respect of the land which is in his possession, be primarily liable to the State Government for the payment of land revenue and shall, subject to the provisions of subsections (2), (3), (4) and (5), be entitled to all the rights and be liable to all the obligations as an occupant in respect of such land under the Land Revenue Act, 1317 Fasli and the rules made thereunder;

(b)the rest of the land, in respect of which under clause (a) neither the inamdar nor the kabiz-e-kadim nor the permanent tenant nor the tenant is primarily liable for the payment of land revenue, shall be at the disposal of Government and any person in possession of such land shall be deemed to be unlawfully occupying Government land and shall be liable to be evicted therefrom in accordance with the provisions of the Land Revenue Act, 1317 Fasli.

(2)In respect of the land for which the inamdar, kabiz-e-kadim, permanent tenant or tenant is liable under sub-section (1) for the payment of land revenue, -

(a)the inamdar or, as the case may be, the kabiz-e-kadim, shall be liable to pay an occupancy price equal to six times the amount of the full assessment of the land,

(b)the permanent tenant shall be liable to pay an occupancy price equal to eight times the amount of the full assessment of the land, and

(c)the tenant shall be liable to pay an occupancy price equal to twelve times the full assessment of the land, to the State Government within the prescribed period either in lump sum or by such instalments as may be prescribed.

(3)The occupancy granted under sub-section (1) shall not be transferable or partible by metes and bounds without the previous sanction of the Collector and except on payment of such sum to the State Government as the State Government may, by general or special order, determine.

(4)If any person liable to pay to the State Government the occupancy price under sub-section (2) fails to pay the same within the period prescribed under that sub-section, it shall be recoverable as an arrear of land revenue and if it is not recovered within a period of one year from the expiry of the period prescribed under sub-section (2), the person shall be deemed to be unlawfully occupying Government land and shall be liable to be summarily evicted in accordance with the provisions of the Land Revenue Act, 1317 Fasli.

(5)If the occupancy price payable by a permanent tenant or tenant under sub-section (2) is paid by him or recovered from him under subsection (4), then -

(a)a sum equal to one-fourth of the amount paid by, or recovered from, the permanent tenant, and

(b)a sum equal to one-half of the amount paid by, or recovered from, the tenant shall be paid to the inamdar.

(6)Nothing in this section shall entitle the inamdar, kabiz-e-kadim, permanent tenant, tenant or any other person to claim compensation for the modification or extinguishment of any of his rights to, or interest in, the land to which this section applies.][Chapter III] [Chapter III was substituted for the original by Bombay 64 of 1959, Section 9.] Compensation and Award Thereof

7. Compensation in respect of cash grant.

(1)In the case of a cash grant, a sum of money equal to seven times the amount of cash grant shall be paid to the holder of cash grant as compensation for the abolition of such cash grant:Provided that if under the terms of a grant any cash grant -

(a)is received by a widow for the purpose of maintenance, she shall be paid an amount equal to the amount of cash grant for the remainder of her life;

(b)is received by such holder for the purpose of education, he shall be paid an amount equal to the amount of cash grant during a like period, and subject to the like conditions, as are contained in the grant;

(c)is received by such holder who is -

(i)a male minor, he shall be paid an amount equal to the amount of cash grant till he attains the age of twenty-one years,

(ii)an unmarried female, she shall be paid an amount equal to the amount of cash grant till she marries, or the amount calculated in accordance with the provisions of this section, whichever is greater;

(d)is received by the holder of cash grant in respect of whom, upon application made to it in the prescribed manner, before the expiry of such period as may be prescribed, the State Government is satisfied after such inquiry (if any) as it thinks fit that he has no other source of income or that if he has any other source of income it is insufficient for his livelihood, or that on account of old age, mental, or physical infirmity or other reason he is incapable of earning of livelihood or maintaining himself in a reasonable manner, there shall be paid to such holder as compassionate payment an amount equal to the amount of cash grant during his life time or for such lesser period as the State Government in the circumstances thinks just.

(2)For the purpose of sub-section (1), "the amount of cash grant" shall mean the amount paid or payable to the holder of cash grant whether as a grant of money or assignment of land revenue for the year immediately before the date of vesting.

8. Compensation in respect of property referred to in section 3(2)(b).

- Any inamdar having any right or interest in any property referred to in clause (b) of sub-section (2) of section 3 shall, if he proves to the satisfaction of the Collector that he had any such right or interest, be entitled to compensation in the following manner, namely :-

(i)if the property in question is waste or uncultivated but cultivable land, the amount of compensation shall not exceed three times the assessment of the land :

Provided that if the land has not been assessed, the amount of compensation shall not exceed such amount of assessment as would be leviable in the same village on the same extent of similar land used for the same purpose;

(ii)if the property in question is land over which the public has been enjoying or has acquired a right of way or any individual has any right of easement, the amount of compensation shall not exceed the amount of the annual assessment leviable in the village for uncultivated land in accordance with the rules made under the Land Revenue Act, 1317 Fasli or if such rules do not provide for the levy of such assessment, such amount as in the opinion of the Collector shall be the value of the right or interest held by the claimant;

(iii)in the case of minerals, the amount of compensation shall be equivalent to the average of the net annual income received by the inamdar in respect of minerals during the three years immediately preceding the date of vesting;

(iv)in the case of forests, the amount of compensation shall be equivalent to seven times the average of the net annual income of forest revenue including grazing fee received by the inamdar during the twenty years immediately preceding the date of vesting; such annual income being calculated on the basis of data regarding average yield for the said twenty years;

(v)if there are any structures on the land or trees on land other than land to which clause (iv) applies, the amount of compensation shall be equal to the value of such structures or trees, as the case may be.

Explanation. - For the purposes of this section, 'value' shall mean the value as estimated in accordance with the provisions of sections 18 and 19 of the Land Acquisition Act, 1309 Fasli, in so far as the said provisions may be applicable.

9. Method of awarding compensation to inamdar.

(1)Any inamdar or holder of cash grant entitled to compensation under section 7 or 8, shall within the prescribed period apply in writing to the Collector for determining the amount of compensation payable to him under the said section.

(2)On receipt of an application under sub-section (1), the Collector shall after making formal enquiry, make an award determining the amount of compensation. Where there are co-sharers claiming compensation, the Collector shall by his award apportion the compensation between the co-sharers.

10. Method of awarding compensation for abolition, etc. of rights of other person in property.

(1)If any person is aggrieved by the provisions of this Act as abolishing, extinguishing or modifying any of his rights to, or interest in, property and if compensation for such abolition, extinguishment or modification has not been expressly denied or provided for in this Act, such person may apply to the Collector for compensation.

(2)The application under sub-section (1) shall be made to the Collector in the prescribed form within the prescribed period. The Collector shall, after holding a formal inquiry, make an award determining the Compensation in the manner and according to the method provided for in sections 18 and 19 of the Land Acquisition Act, 1309 Fasli.

(3)Nothing in this section shall entitle any person to compensation on the ground that any inam land which was wholly or partially exempt from payment of land revenue has been under the provisions of this Act made subject to the payment of full assessment in accordance with the provisions of the Land Revenue Act, 1317 Fasli.

11. Previous approval in respect of certain awards and provisions of Land Acquisition Act applicable.

(1)Where the officer making an award under section 9 or 10 is a Collector under this Act but not a Collector appointed under section 6 of the Land Revenue Act, 1317 Fasli and the amount of such award exceeds five thousand rupees, then the award shall not be made without the previous approval of -

(a)the Collector appointed under section 6 of the Land Revenue Act, 1317 Fasli, if the amount of the award does not exceed twenty-five thousand rupees, or

(b)the Commissioner, if the amount of the award exceeds twenty-five thousand rupees but does not exceed one lakh of rupees, or

(c)the State Government, if the amount of the award exceeds one lakh of rupees.

(2)Where the officer making an award under section 9 or 10 is a Collector under this Act and also a Collector appointed under section 6 of the Land Revenue Act, 1317 Fasli, and the amount of such award exceeds twenty-five thousand rupees, then such award shall not be made without the previous approval of -

(a)the Commissioner, if the amount of the award does not exceeds one lakh of rupees, or

(b)the State Government, if the amount of the award exceeds one lakh of rupees.

(3)Every award under section 9 or 10 shall be in the form prescribed in section 21 of the Land Acquisition Act, 1309 Fasli and the provisions of the said Act shall so far as may be apply to the making of such award.

12. Appeal against the Collector's award.

- An appeal shall lie against an award of the Collector to the Bombay Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957, notwithstanding anything contained in the said Act.

13. Procedure before Revenue Tribunal.

(1)The Bombay Revenue Tribunal shall, after giving notice to the appellant and the State Government, decide the appeal and record its decision.

(2)In deciding an appeal under this Act, the Bombay Revenue Tribunal shall exercise all the powers which a Court has and shall follow the same procedure which a Court follows in deciding appeals from the decree or order of an original Court under the Code of Civil Procedure, 1908.

14. Limitation.

- Every appeal made under this Act to the Bombay Revenue Tribunal shall be filed within a period of sixty days from the date of the award of the Collector. The provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908, shall apply to the filing of such appeal.

15. Finality of award and decision of Revenue Tribunal.

- The award made by the Collector subject to an appeal to the Bombay Revenue Tribunal and the decision of the Bombay Revenue Tribunal on the appeal shall be final and conclusive and shall not be questioned in any suit or proceeding in any Court.

16. Mode of payment of amount of compensation.

- The amount of compensation payable under the provisions of this Act shall be payable in cash :Provided that, if in the case of any inamdar or holder of cash grant the amount of compensation, other than that payable under the proviso to section 7, exceeds ten thousand rupees, then the excess over ten thousand rupees may be payable in transferable bonds carrying interest at the rate of three per cent per annum from the date of the issue of such bonds and repayable during a period of twenty years from the date of the issue of such bonds by equated annual instalments of the principal and interest. Such bonds shall be of such denomination and shall be in such form as may be prescribed.][Chapter IV] [Chapter IV (section 18 to 29) was substituted for the original by Bombay 64 of 1959, Section 10.] Recovery of Records

17. Inamdars to deliver records to authorised officers.

(1)Whenever an officer authorised by the State Government in this behalf so directs, an inamdar shall deliver to him or such officer as may be specified in the direction, the records relating to the inam maintained by the inamdar.

(2)If the inamdar fails without reasonable cause to deliver any such records he shall, on conviction, be punished with fine which may extend to two hundred rupees. In the case of a continuing failure to deliver any such records, the inamdar shall be punished with an additional fine which may extend to twenty-five rupees for every day during which such failure continues after conviction for the first such failure.

18. to 29.

[****]

Chapter V
Miscellaneous

30. [ Inquiries and proceedings to be judicial proceedings. [Section 30 was substituted for the original, by Bombay 64 of 1959, Section 11.]

- All inquiries and proceedings before the Collector and the Bombay Revenue Tribunal under this Act shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 328 of the Indian Penal Code.] [Chapter IV (section 18 to 29) was substituted for the original by Bombay 64 of 1959, Section 10.]

31. Fee payable on applications, petitions.

- Notwithstanding anything contained in the Hyderabad Court Fees Act, 1324 Fasli, or any other law for the time being in force, the fees payable on any application, memorandum of appeal or petition under this Act or rules made thereunder shall be such as may be prescribed.

32. Indemnity.

- No suit or other proceeding shall lie against the Government or any person or in respect of anything which is in good faith done or intended to be done under this Act.

33. Savings.

- Nothing in this Act shall in any way be deemed to affect the application of the provisions of the Hyderabad Tenancy and Agricultural Lands Act, 1950, to any inam or the mutual rights and obligations of an inamdar and his tenants, save in so far as the said provisions are in any way inconsistent with the express provisions of this Act.

34. Repeal.

- With effect on and from the date of vesting the Hyderabad Enfranchised Inams Act, 1952, shall be deemed to have been repealed.

35. Power to make rules.

(1)The Government may, subject to the condition of previous publication, make rules to carry 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)all matters expressly required or allowed by this Act to be prescribed;

(b)[ * * *] [ Clauses (b), (c) and (d) were deleted by Bombay 64 of 1959, Section 12.]

(c)[ * * *] [ Clauses (b), (c) and (d) were deleted by Bombay 64 of 1959, Section 12.]

(d)[ * * *] [ Clauses (b), (c) and (d) were deleted by Bombay 64 of 1959, Section 12.]

(3)All rules made under this section shall be published in the Official Gazette and on such publication shall have effect as if enacted in this Act.

36. Penalties.

(1)Any person who wilfully fails or neglects to comply with any lawful order passed under this Act or contravenes any such order or offers resistance or obstruction to the taking by the Collector of charge or possession of any property which has vested in the State under this Act or furnishes information which he knows or has reason to believe to be false or does not believe to be true, shall, on conviction by a Magistrate, be punishable with imprisonment which may extend to three months or with fine which may extend to two hundred rupees or with both.

(2)No prosecution under sub-section (1) shall be instituted except with the previous sanction of the Collector of the District.

37. Power to remove difficulties.

- If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, do anything which appears to them necessary for the purpose of removing the difficulty.

38. [ Atiyat Enquiries Act, 1952 not to apply to cash grants to which this Act applies. [Inserted by Bombay 64 of 1959, Section 13]

- The Hyderabad Atiyat Enquiries Act, 1952 shall cease to apply to any cash grant to which this Act applies.]

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