Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 2] [Entire Act]

State of Maharashtra - Section

Section 6 in The Hyderabad (Abolition of Jagirs) Regulation, 1358 Fasli

6. Powers, rights and liabilities as from the appointed day As from appointed day.

(1)the Jagir shall be included in the Diwani and unless and until included in a district constituted under the Hyderabad Land Revenue Act, shall be administered by the Jagir Administrator;
(2)the powers, rights and liabilities of the Jagirdar in relation to the Jagir shall cease to be exercisable and enforceable by or against the Jagirdar, and shall be exercisable and enforceable by or against the Jagir Administrator:Provided that where the Jagirdar has on or after the 1st October, 1948, entered into a contract in relation to a Jagir the performance of which has not been completed before the appointed day, the Jagir Administrator may repudiate the contract if in his opinion it was not entered into in the normal course of management of the Jagir, and where the Jagir Administrator so repudiates such contract any damages recoverable in respect of the repudiation shall be recoverable from the Jagirdar alone ;Provided further that where the Jagirdar has on or after the 1st January, 1949, effected a mortgage, lease, or other transfer of property included in the Jagir and the Jagir Administrator is of opinion that the mortgage, lease or other transfer was effected not in the normal course of management of the Jagir but in anticipation of legislation for the abolition of Jagirs, the Jagir Administrator may cancel the mortgage, lease, or other transfer and damages recoverable in respect of the cancellation shall be recoverable from the Jagirdar alone;
(3)all expenditure incurred by the Jagir Administrator on the administration of a Jagir shall be defrayed from the revenue of the State;
(4)no Jagirdar shall recover or receive any customary or other dues from any tenant of resident of the Jagir;
(5)no Jagirdar shall in his capacity as such be required to pay the educational cess, or the cess for the maintenance of the Jagirdars' College, or any other cess imposed by Government;
(6)no Peshkash, Haq-e-Malikana or pan shall be payable by a Jagirdar in respect of the Fasli year 1359 or any subsequent year;
(7)the share of a Jagirdar or Hissedar in the net income of a Jagir, and the maintenance allowance of a Guzarayab, shall be inalienable save with the previous sanction of Government; not more than one half of such share or allowance shall be liable to attachment and sale in any one year of account in execution of a decree and no part thereof shall be so liable, save with the previous sanction of Government;
(8)if a Jagirdar or Hissedar dies, his share in the net income of the Jagir, including his share in the Haq-e-intazam, shall devolve in accordance with his personal law :Provided that in the case of a Muslim Jagirdar or Hissedar the principle of Hijb Hirman shall not apply and that in the case of a male Hindu Jagirdar his share shall be deemed to be his separate property;
(9)if a Jagirdar or Hissedar dies and leaves no heir entitled to inherit, his share, in the case of a Jagir granted by a ruler, shall lapse to Government, and in the case of a Jagir granted by a Jagirdar shall be added to the gross revenue of the Jagir of the grantor.