ANDHRA PRADESH (TELANGANA AREA) ABOLITION OF INAMS ACT, 1955

ANDHRA PRADESH (TELANGANA AREA) ABOLITION OF INAMS ACT, 1955

Preamble - THE ANDHRA PRADESH (TELANGANA AREA) ABOLITION OF INAMS ACT, 1955

THE ANDHRA PRADESH (TELANGANA AREA) ABOLITION OF INAMS ACT, 1955[1]

[Act No. 8 of 1955]

PREAMBLE

An Act to abolish Inams in the [Telangana area of the State of Andhra Pradesh]

Whereas it is expedient in public interest to provide for the abolition of inams, [2][----] in the [3][Telangana Area of the State of Andhra Pradesh] and for other matters connected therewith;

BE it enacted in the Fifth Year of Our Republic as follows:-

Section 1 - Short title, Extent and Commencement

(1)     This Act may be called [4][the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955].

(2)     [5]It extends to the whole of Telangana Area of the State of Andhra Pradesh and shall apply to all inams as defined in Clause (c) sub-section (1) of Section 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;

(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.

Section 2 - Definitions

(1)     In this Act, unless there is anything repugnant in the subject or context-

(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;

(b)      the expression 'date of vesting' when used-

(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 in Section 34, means the date of publication of this Act in the Official Gazette;

(ii)      elsewhere in this Act means the date appointed by the Government under clause (b) of subsection (3) of Section 1;

(c)      'inam' means land held under a gift or a grant made by the Nizam or by any Jagirdar, holder of a Samsthan or other competent grantor and continued or confirmed by virtue of a muntakhab or other title deed, with or without the condition of service and coupled with 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, arazi 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 includes such lands as have not been recognised as inams by Government after the abolition of the Jagirs.

(d)      'inamdar' means a person holding as 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)      'kabize-e-khadim' 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)      'non-protected tenant' means a tenant other than a permanent tenant or a 'protected tenant";

(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;

(i)       'prescribed' means prescribed by rules made under this Act;

(j)       'protected tenant' means the protected tenant as defined in [6][the Andhra Pradesh (Telangana Area) Tenancy and Agricultural, Lands Act, 1950; [Act XXI of 1950.]

(k)      'special Tribunal' means a Special Tribunal constituted under Section 22 of this Act;

(l)       'Judi' or quit-rent' means the amount fixed by and payable to Government by the 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, [7][the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950], Act XXI of 1950 and 2[the Andhra Pradesh (Telangana Area) Atiyat Enquiries Act 1952] Act, X of 1952 and the rules thereunder.

Section 3 - Abolition and vesting of inams and the consequences thereof

(1)     Notwithstanding 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 judgment, decree or order of a Civil, Revenue or Atiyat Court, and with effect from the date of vesting, all inams [8][......] 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 vesting, the following consequences shall ensue, namely ?

(a)      the provisions of the Land Revenue Act, 1317 Fasli relating to inams, and the provisions of [9][the Andhra Pradesh (Telangana Area) Atiyat Enquiries Act, 1952] Act X of 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 purposes of land revenue, shall apply to the said inams;

(b)      all rights, title and interest vesting in the inamdar, kabiz-e-kadim, permanent tenant, protected tenant and non-protected tenant in respect of the inam land, other than the interest 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 shall be liable to payment of land revenue;

(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, protected tenant or non-protected tenant shall be extinguished;

(i)       the inamdar, kabiz-e-kadim, permanent tenant, protected tenant, and a non-protected tenant 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 condition as are provided for under this Act and any other rights and previleges 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.

(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.

Section 4 - Registration of Inamdars as accupants

(1)     Every inamdar shall, with effect from the date of vesting, be entitled to be registered as an occupant of all inam lands other than-

(a)      lands set apart for the village community, grazing lands, waste lands, forest lands, mines and quarries, tanks, tank-beds and irrigation works, streams and rivers;

(b)      lands in respect of which any person is entitled to be registered under sections 5, 6, 7 and 8 of the Act;

(c)      lands upon which have been erected buildings owned by any person other than the inamdar; which immediately before the date of vesting, were under his personal cultivation and which, together with any lands he separately owns and cultivates personally are equal to four and a half times the 'family holding'.

(2)     No inamdar shall be registered as an occupant of any land under sub-section (1) unless he pays to the Government as premium an amount equal to twenty-five times the difference between the judi or quit-rent, if any, paid by him and the land revenue payable in respect of such land. The amount of premium shall be payable in not more than ten annual instalments along with the annual land revenue and in default of such payment, shall be recoverable as arrears of land revenue due on the land in respect of which it is payable.

(3)     The inamdar shall be entitled to compensation from the Government as provided for under this Act in respect of inam lands in his possession in excess of the time limits specified in sub-section (1) whether cultivated or not.

(4)     [----][10]

Section 5 - Registration of kabiz-e-kadim as occupant

(1)     Every kabiz-e-kadam shall, with effect from the date of vesting, be registered as an occupant in respect of such inam lands in his possession which were under his personal cultivation and which, together with any lands he separately owns and cultivates personally are equal to four and a half times the family holding;

(2)     The kabiz-e-kadim shall be entitled to compensation from the Government as provided for under this Act in respect of Inam Lands, in possession in excess of the limit specified in subsection (1) whether cultivated or not.

Section 6 - Registration of permanent tenants as occupants

(1)     Every permanent tenant shall, with effect from the date of vesting, be entitled to be registered as an occupant in respect of such inam lands in his possession as may be left over after the allotment under section 4, which immediately before the date of vesting were under his personal cultivation and which together with any lands he separately owns and cultivates personally, are equal to four and a half times the 'family holding'.

(2)     The permanent tenant shall be entitled to compensation from the Government as provided for under this Act in respect of inam lands in his possession in excess of the limit in subsection (1) whether cultivated or not.

(3)     No permanent tenant shall be registered as an occupant of any land under sub-section (1) unless he pays to the Government as premium an amount equal to twenty-five times the land revenue for dry land and nine times for wet land. The amount of premium shall be payable in not more than ten annual instalments along with the annual land revenue and in default of such payment, shall be recoverable as arrears of land revenue due on the land in respect of which it is payable.

Section 7 - Registration of protected tenants as occupants

(1)     Every protected tenant shall, with effect from the date of vesting be entitled to be registered as an occupant of such inam lands in his possession as may be left over after the allotment under section 4, which were under his personal cultivation and which, together with any lands he separately owns and cultivates personally, are equal to four and a half times the 'family holding'.

(2)     The protected tenant shall be entitled to compensation from the Government as provided for under this Act in respect of inam lands in his possession in excess of the limit specified in sub-section (1) whether cultivated or not.

Provided that -

(a)      he continued to be a tenant of such inam lands until the date of vesting; or

(b)      if he is not in possession, he has been unlawfully dispossessed of such lands by the inamdar between the 10th of June, 1950 and the date of vesting.

(3)     No protected tenant shall be entitled to be registered as an occupant under sub-section (1) unless he pays to the Government as premium an amount equal to forty times the land revenue for dry land and thirteen times for wet land. The amount of premium shall be payable in not more than ten annual instalments along with the annual land revenue and in default of such payment shall be recoverable as arrears of land revenue due on the land in respect of which it is payable.

Section 8 - Registration of non-protected tenant as occupant

(1)     Every non-protected tenant shall, with effect from the date of vesting subject to Section 37 of [the Andhra Pradesh (Telangana Area) Tenancy and agricultural Lands Act, 1950] Act XXI of 1950 be entitled to be registered as an occupant of such inam lands in his possession as may be left over after the allotment under section 4 which, immediately before the date of vesting were under his personal cultivation and which together with any lands he separately owns and cultivated personally, are equal to four and a half times the family holding.

(2)     The non protected tenant shall be entitled to compensation from the Government as provided for under this Act in respect of inam lands in his possession in excess of the limit prescribed in sub-section (1) whether cultivated or not.

(3)     No non-protected tenant shall be registered as an occupant of any land under sub-section (1) unless he pays to the Government as premium an amount equal to sixty times the land revenue for dry land and twenty times for Wet land. The amount of premium shall be payable in not more than ten annual instalments along with the annual land revenue and in default of such payment, shall be recoverable as arrears of land revenue due on the land in respect of which it is payable.

Section 9 - Vesting of certain buildings and inam lands used for non-agricultural purposes

(1)     Every private building situated within an inam shall with effect from the date of vesting, vest in the person who owned it immediately before that date.

(2)     Where an inam land has been converted for any purpose un-connected with agriculture, the holder of such land shall be entitled to keep the land provided that such conversion was not void or illegal under any law in force.

(3)     The vestings of private buildings or lands under subsection (1) or (2) shall be subject to the payment of non-agricultural assessment that may be imposed by Government from time to time.

Section 10 - Every by Collector in certain cases

[11]The Collector shall examine the nature and history of all lands in respect of which inamdar kabiz-e-kadim, permanent tenant, protected tenant or non-protected tenant, claims to be registered as an occupant under sections 4,5,6,7 and 8 as the case may be, an decide-

(a)      In whose favour, and in respect of which inam lands, the claims should be allowed:

(b)      the land revenue and the premium payable in respect of such lands.