ANDHRA PRADESH
WATANS (ABOLITION) ACT, 1978 THE ANDHRA PRADESH WATANS (ABOLITION) ACT, 1978 [Act No. 10 of 1978] [0 1st February, 1978] Act to abolish the system of watans in the Telangana Area of the
State of Andhra Pradesh and to provide for matters connected therewith. Be it enacted by the
Legislature of the State of Andhra Pradesh in the Twenty-ninth Year of Republic
of India as follows.-- (1)
This Act may be called the Andhra Pradesh Watans (Abolition) Act,
1978. (2)
It extends to the whole of the Telangana area of the State of
Andhra Pradesh. (3)
It shall be deemed to have come into force on the 8th December,
1977. (1)
In this Act, unless the context otherwise requires.? (a)
'appointed day' means the day on which this Act came into force; (b)
'Collector' means any officer-in-charge of a revenue division and
includes a Deputy Collector, a Sub-Collector, an Assistant collector and any
other officer appointed by the Government to perform the functions of the
Collector under this Act; (c)
'Government' means the State Government; (d)
'gumastha' means a person appointed the officiate in place of a
watandar; (e)
"hissedar' means a person who is not a holder of a watan but
who is recognised as a shareholder and is entitled to, a share in the
haq-e-malikana appertaining to the watan, that is to say, the one-third of the amount
of the average scale of remuneration to which the concerned watandar is
entitled; (f)
'notification' means a notification published in the Andhra
Pradesh Gazette and the word 'notified' shall be construed accordingly. (g)
'prescribed' means prescribed by rules made by the Government
under this Act; (h)
Telangana area' means the territories specified in sub-section (1)
of Section 3 of the States Reorganisation Act, 1956; (i)
"watan' means a village-office together with a right to hold
the property appertaining thereto held hereditarily; but does not include the
village-offices of sethsindhies and neeradies; (j)
"watandar' or 'holder of a watan' means a person who has been
recognised by the competent authority to have a right to hold a watan; (2)
The words and expressions used and not defined in this Act but
defined in the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F. shall
have the meanings respectively assigned to them in that Act. (1)
With effect on and from the appointed day, notwithstanding
anything in any law custom, usage, settlement, grant, sand or order? (a)
allwatans shall stand abolished; (b)
all rights connected with watans, including all rights to hold any
office, whether hereditary, contractual or otherwise, and any liability to
render service, appertaining to the watans shall stand extinguished; (c)
any provisions of law, usage or practice relating to the
succession to any watan shall be void; and (d)
all other incidents appertaining to watans shall stand
extinguished. (2)
Every watandar, hissedar or gumastha appertaining to a watan and
holding such watan on the appointed day shall, notwithstanding anything in any
contract, custom, usage or other settlement, cease to hold such watan on the
abolition of the watans and he shall be entitled to hold any village office
only subject to the rules made by the Governor under the proviso to Article 309
of the Constitution. (1) Notwithstanding
anything in any law, custom, settlement, grant, sand or, order, a watandar
whose watan is abolished or a hissedar who ceases to be entitled to the right
to perform the duties of a hereditary village-office, in consequence of the
provisions of this Act shall be paid an amount equal to seven times the
one-third of the amount of the average scale of remuneration to which such
watandar or hissedar is entitled annually immediately prior to the appointed
day: Provided that where there
are more than one person as watandar or hissedar, each of such persons shall be
entitled to receive such sum in proportion to his share in the watan. Explanation.-- (a)
In calculating the average scale of remuneration, three immediately
preceding year's scale of remuneration shall be taken into consideration. (b)
For the purposes of this Section, a gumastha, deputy or
substitute, officiating for the watandar or hissedar shall not be entitled to
receive any such amount. (c)
The term "remuneration" means the commission received by
the watandar on the land revenue collected, and does not include any other
allowances payable to the watandar. (2)
The amount payable under this section shall be paid within a
period of Twenty one months from the appointed day,- (3)
in a case where such amount does not exceed five thousand rupees,
in one lump sum; and, (4)
in any other case, in two equal installments. (5)
In the event of the death of the watandar or hissedar before
payment in full or after payment in part of the amount referred to in
sub-section (1), the amount which remained so unpaid on his death shall be paid
to his legal heir or heirs. (1)
If any person is aggrieved consequent on the extinguishment or
modification of any rights to, or interest in his property and if no amount for
such extinguishment or modification has been provided for in this Act such
person may apply to the Collector for payment of an amount therefor. (2)
An application under sub-section (1) shall be made to the
collector in prescribed form and within the prescribed time. (3)
The Collector shall, on receipt of such application and after
holding an enquiry in the prescribed manner, make an award determining the
amount payable in the manner and according to the method provided for in
sub-section (1) of Section 23 and Section 24 of the Land Acquisition Act, 1894. (1)
Any person aggrieved by the award of the Collector made under
sub-section (3) of Section 5 may appeal to the Commissioner for Land Revenue
with sixty days from the date of communication of the award. (2)
In deciding appeal under sub-section (1), the Commissioner for
Land Revenue shall exercise all the powers which a civil Court has and follow
the same procedure which the Court follows in deciding appeals from the decree
or order of an original Court under the Code of Civil Procedure, 1908. (3)
Notwithstanding anything in the Andhra Pradesh Court-Fees and
Suits Valuation Act, 1956, every appeal made under this Act to the Commissioner
for Land Revenue shall bear a Court-fee stamp of such value as may be
prescribed. The award made by the
Collector subject to an appeal to the Commissioner for Land Revenue and the
decision of the commissioner for Land Revenue shall be final and shall not be
questioned in any Court of law. (1)
The Government may, by notification, make rules for carrying out
all or any of the purposes of this Act. (2)
In particular and without prejudice to the generality of the
foregoing power, such rules may provide for? (a)
the procedure to be followed by the Collector in determining
questions as to whether or not a person was the watandar, hissedar, gumastha or
any other person on their behalf; (b)
the procedure relating to appeals before the Commissioner for Land
Revenue; (c)
any other matter which has to be or may be prescribed. (3)
Every rule under this Act shall, immediately after it is made, be
laid before each House of the State Legislature if it is in session and if it
is not in session, in the session, immediately following, for a total period of
fourteen days which may be comprised in one session, or in two successive
sessions, and if before the expiration of the session in which it is so laid or
the session immediately following both Houses agree in making any modification in
the rule or in the annulment of the rule, the rule shall, have effect from the
date on which the modification or annulment is notified, shall only in such
modified form or shall stand annulled, as the case may be, so however that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule. If any difficulty arises in
giving effect to the provisions of this Act, the Government may make such
orders, not inconsistent with the purpose of this Act as appear to them to be
necessary or expedient for the purpose of removing the difficulty: Provided that no such order
shall be made after the expiration of two years from the commencement of this
Act. (1)
On the commencement of this Act, the provisions of the
Dastoor-ul-Amal Patel Patwaries, the Firmans, the orders and circulars
pertaining to watans and village offices thereof shall stand repealed in so far
as they are repugnant to or inconsistent with the provisions of this Act. (2)
The Andhra Pradesh Watans (Abolition) Ordinance, 1977, is hereby
repealed. (3)
Upon such repeal, the provisions of the Andhra Pradesh General
Clauses Act, 1891, shall apply.
Preamble - THE ANDHRA PRADESH WATANS (ABOLITION) ACT, 1978PREAMBLE