Whereas it is expedient to abolish jagirs and to
provide, pending the determination of terms of commutation, for the payment to
Jagirdars and Hissedars of certain interim allowances; Now, therefore, in exercise of the authority vested
in me for the administration of the Hyderabad State and of all other powers
enabling me in that behalf, I make the following Regulation . PART I
Preliminary (1)
This Regulation may be called the Hyderabad
(Abolition of Jagirs) Regulation, 1358 Fasli. (2)
It shall extend to the whole of the [1][Hyderabad
area of the State of Maharashtra.] (3)
It shall come into force on the date of its [2]publication
in the Jarida. In this Regulation, unless there is anything
repugnant in the subject or context, (a)
"Excise Revenue" means revenue from
country-liquor, toddy, mhowra flowers, opium and ganja; (b)
"Existing law" means law in force at the
commencement of this Regulation, including Atiyat law, custom or usage having
the force of law, and the terms of any grant and including also orders made
under existing law; (c)
"Guzarayab" means a person who under a
lawful order passed before the commencement of this Regulation is entitled to a
maintenance allowance from the income of a Jagirdar or Hissedar or of a Jagir; (d)
"Haq-e-intazam" means the money which
under the existing law is paid to a Jagirdar as his remuneration for managing
the Jagir; (e)
"Hissedar" means a person who is entitled
to a share in the income of a Jagir according to the existing law; (f)
"Jagir" includes a Paigah, Samasthan,
part of a Jagir, village Mukhta, village Agrahar, Umli and Mukasa, whether
granted by a Ruler or a Jagirdar, and, as respects the period commencing on the
date appointed for a Jagir under section 5, means the estate theretofore
constituting a Jagir; (g)
"Jagir Administrator" means the Jagir
Administrator appointed under sub-section (1) of section 3 and, subject to the
rules under this Regulation referred to in sub-section (2) of section 3, all
references to the Jagir Administrator shall be read as including a reference to
an Assistant and Jagir Administrator; (h)
"Jagirdar" means the person who
immediately before the date appointed under section 5 was the holder (qabiz) of
a Jagir and includes the Amir of a Paigah and the Vali of a Samasthan; (i)
"Year of account" means the Fasli year,
or where the accounts of a Jagir are maintained according to a year of another
era, the year according to that era. (1)
The [3]Government
shall appoint a Jagir Administrator and as many Assistant Jagir Administrators
as he considers necessary for the due administration of this Regulation. (2)
Any power conferred or duty imposed by this
Regulation on the Jagir Administrators may, save as otherwise provided in rules
made there under, be exercised or discharged by an Assistant Jagir
Administrator appointed under sub-section (1). After the commencement of this Regulation, on
person shall be appointed to be, or be recognised as, a Jagirdar whether in
succession to a deceased Jagirdar or otherwise. PART II Transfer of Administration and
the Consequences thereof (1) As soon as may be
after the commencement of this Regulation, the [4][Government]
shall appoint a date for the transfer to the administration of jagirs and may
appoint different dates for different jagirs. (2) On the date so
appointed for any Jagir (hereinafter referred to as the appointed day) the
Jagirdar shall make over the management of the Jagir to the Jagir
Administration and shall furnish him with an account of the revenue received
and expenditure incurred on account of the Jagir in the current, or, if the
Jagir Administrator so requires, in the immediately preceding year of account,
in so far as such revenue and expenditure are attributable to that year. (3) If the Jagirdar fails
to comply with the provisions of sub-section (2) to the satisfaction of the
Jagir Administrator, or obstructs the access of the Jagir Administrator to any
lands or buildings belonging to the Jagir, or fails to furnish the Jagir
Administrator with any documents relating to the administration of the Jagir,
the Jagir Administrator may use or cause to be used such force as may be
necessary for the purpose of entering upon any such lands or buildings of or
securing possession of any such documents. (4) If in any Jagir, a
Jagirdar is not in existence on the appointed day, the Jagir Administrator
shall require the duties imposed upon the Jagirdar by sub-section (2) to be
discharged by such one of the Hissedars as he may designate for the purpose and
references in sub-sections (2) and (3) of this section and in sub-section (4)
of section 13 to the Jagirdar shall be read as referring to the Hissedar so
designated. 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. PART III Application of Jagir Revenue In
this Part, - "gross
revenue" means in relation to any Jagir the total realisations in any year
of account on account of excise revenue, land revenue, forest revenue and such
other revenues as may be specified in rules made under this Regulation : Provided
that realisations on account of excise revenue shall be included in gross
revenue in relation to those Jagirs only in which excise revenue was
immediately before the commencement of this Regulation, included in the
revenues of the Jagir; "balance"
means in relation to a Jagir other than a Paigah, the sum remaining from the
gross revenue after the making of the payment to Government required by section
8 and of any payments due on account of maintenance allowances payable to
Guzarayabs from the income of the Jagir; "net
income" means in relation to a Paigah the sum remaining from the gross
revenue after the making of the payment to Government required by section 8 and
of any payments due on account of maintenance allowances payable to Guzarayabs
from the income of the Paigah, and in relation to a Jagir other than a Paigah
the sum remaining from the balance after the making of the payments required by
section 10. In
respect of every Jagir there shall be paid to Government on account of
administration expenses the percentage of the gross revenue specified in the
appropriate entry in the second column on the annexed table. Revenue
of Jagir Percentage
payable to Government 1 2 Per
cent 1.
Rs. 5,00,000 or more 58
1/2 2.
More than Rs. 1,00,000 but less than Rs. 5,00,000 50 3.
More than Rs. 25,000 but not more than Rs. 1,00,000 40 4.
Not more than Rs. 25,000 25 Provided
that if the payment of the appropriate percentage in respect of a Jagir
embraced by entry 1, 2 or 3 in the first column would leave a balance less than
the balance left to a Jagir with the maximum gross revenue embraced by the next
succeeding entry in that column, the payment to Government in respect of such
first named Jagir shall be so reduced as to leave a balance equivalent to the
balance left to such second-named Jagir. For
the purposes of payments to be made from the balance, jagirs (other than
Paigahs), shall be classified in the following categories, namely, - (1) jagirs in which a
Jagirdar exists and is entitled under the existing law to receive the
haq-e-intazam; (2) jagirs in which a
Jagirdar exists but is not entitled under the existing law to receive the
haq-e-intazam; (3) jagirs where the
death of the Jagirdar before the commencement of this Regulation was not
followed by the appointment of a Jagirdar before that date; (4) jagirs in which the
Jagirdar dies after the commencement of this Regulation. (1) In the case of jagirs
in category (1) a sum equivalent to half the haq-e-intazam shall be paid to the
Jagirdar and the like sum shall be distributed between the Hissedars (other
than the Jagirdar) in the proportions to which they would have been entitled under
the existing law to the income of the Jagir if the Jagirdar had not existed : Provided
that if there is no Hissedar, a sum equivalent to the whole of the
haq-e-intazam shall be paid to the Jagirdar. (2) In the case of jagirs
in category (2) a sum equivalent to the haq-e-intazam shall be distributed
between the Jagirdar and Hissedars in the proportions to which they are under
the existing law entitled to the income of the Jagir. (3) In the case of jagirs
in category (3) a sum equivalent to the haq-e-intazam shall be distributed
between the Hissedars, including the heirs of the deceased Jagirdar, in the
proportions to which they are under the existing law entitled to the income of
the Jagir. (4) In the case of jagirs
in category (4) an amount equivalent to the haq-e-intazam shall, as from the
year of account following the year in which the Jagirdar dies, be distributed
between Hissedars, including the heirs of the deceased Jagirdar, in the
proportions to which they are under the existing law entitled to the income of the
Jagir. (1) In the case of a
Jagir other than a Paigah the net income shall be distributed between the
Jagirdar and Hissedars in the proportion to which they are entitled under the
existing law. (2) In the case of a Paigah
two-fifths of the net income shall be payable to the Amir-e-Paigah and the
remaining three-fifths shall be distributed among the Hissedars according to
their shares, the Amir-e-Paigah not being deemed to be a Hissedar. (1) From the amount
payable to any person under section 11 there shall be deducted the amount of
any maintenance allowance which under sub-section (2) is debitable to the share
of that person. (2) The maintenance
allowance payable to a Guzarayab shall, save where it is payable from the
income of the Jagir, be debitable to the share of the person on whom he was or
is dependent. (3) The Jagir
Administrator may reduce any maintenance allowance payable to a Guzarayab which
in his opinion is excessive in relation to the income of the Jagir from the
revenue of which the allowance is payable. (4) On the death of a
Guzarayab whose maintenance allowance was hereditary the allowance shall
devolve according to his personal law. (5) If any question
arises regarding the person to whose share a maintenance allowance is debitable
under sub-section (2), or as to whether a maintenance allowance is hereditary,
the Jagir Administrator shall decide the question after affording to all the
parties concerned an opportunity of being heard. (1) The Jagir
Administrator shall maintain a separate account in respect of each Jagir and
shall afford every Jagirdar and Hissedar reasonable facilities for the
inspection of the same. (2) The Jagir
Administrator shall make advance payments to Jagirdars and Hissedars in
accordance with rules made under this Regulation and shall adjust the same when
the net income of the Jagir is distributed. (3) The payment to
Government required by section 8, the payment from the balance required by
section 10, and the distribution of the net income in accordance with section
11, including payments to Guzarayabs under section 12, shall be effected as
soon as may be after the expiration of the year of account. (4) In compiling the
accounts for the year of account current on the appointed day, the Jagir
Administrator may disallow any expenditure included in the accounts furnished
by the Jagirdar under sub-section (2) of section 5 which in his opinion was not
incurred in the normal course of management of the Jagir. The
amounts payable to Jagirdars and Hissedars under this Regulation shall be
deemed to be interim maintenance allowances payable until such time as the
terms for the commutation of Jagirs are determined. PART IV Miscellaneous Where
a Jagir is under the management of the Court of Wards or of a Committee of
Management, appointed by the Government, the duties of the Jagir Administrator
under this Regulation may at the discretion of Government be discharged by the
Court of Wards or the Committee of Management, as the case may be. The
provisions of this Regulation shall apply so far as may be to any Jagir granted
to a temple or mosque or to any institution established for a religious or
public purpose : Provided
that in the case of such Jagir, - (a) the percentage of the
gross revenue to be paid to Government shall, notwithstanding anything
contained in section 8, be such percentage not exceeding ten as the Government
may by notification in the Jarida direct either generally or in respect of a
particular Jagir or a particular class of Jagirs; (b) the distribution or
application of the net income shall be effected in accordance with the rules
made under this Regulation which shall be so framed as to respect so far as
possible the wishes of the grantor and to be in consonance with custom and usage. (1) Nothing in this
Regulation shall affect the home farm (seri Khudkasht) of a Jagirdar or
Hissedar which, subject to any law for the time being in force, he shall
continue to hold, - (a) where the village in
which the farm is situate has been brought under survey and settlement whether
before or after the appointed day, in accordance with the terms recorded at the
time of such survey and settlement; (b) for so long as the
village has not been brought under survey and settlement, in accordance with
the terms and conditions prevailing immediately before the appointed day. (2) For the purposes of
sub-section (1) the extent and boundaries of the home-farm of a Jagirdar or
Hissedar shall be such as the Jagir Administrator may by order determine : Provided
that no forest or waste land shall be included in any home-farm. Nothing
in this Regulation shall affect, - (a) the personal property
of a Jagirdar or Hissedar or any property other than the Jagir held by a
Jagirdar on behalf of the Hissedar, or (b) any liability of a
Jagirdar or Hissedar in respect of any loan taken from Government. (1) The Jagir
Administrator shall so far as possible employ in Government service such of the
persons employeed by a Jagirdar before the appointed day for the management of
a Jagir as are in his opinion suitable for employment in Government service. (2) The terms on which
such persons shall be employed in Government service shall be prescribed by
rules made under this Regulation. (3) Subject to such
conditions as may be prescribed by rules made under this Regulation Government
may grant a pension, compensatory allowance or gratuity to any person employed
by a Jagirdar before the appointed day for the management of a Jagir who is not
thereafter employed in Government service. (1) A party aggrieved by
any order passed by the Jagir Administrator under this Regulation may appeal
against the order to Government or to such authority as Government may appoint
in this behalf. (2) An appeal under
sub-section (2) shall be filed within 60 days of the date on which the
aggrieved party is informed of the order against which he appeals : Provided
that the Appellate Authority may for sufficient cause entertain an appeal filed
after the expiration of the said 60 days. (3) Government or such
authority as Government may appoint in this behalf may revise any order passed
by the Jagir Administrator : Provided
that no order adversely affecting any person shall be passed in revision
without giving that person an opportunity of being heard. (1) Save with the
previous sanction of Government, no civil or criminal proceedings shall be
instituted against the Jagir Administrator or any other public servant in
respect of anything done or purporting to have been done under this Regulation. (2) All claims relating
to a Jagir or to any share in the income thereof, whether arising under this
Regulation or otherwise, shall, subject to this Regulation but notwithstanding
any existing law, be filed in, and decided by, the appropriate Civil Court: Provided
that any proceeding pending at the commencement of this Regulation before an
Atiyat Court or before a Commission or any other authority shall be completed
in accordance with the existing law as if this Regulation had not been enacted. Whoever,
- (a) fails to comply in
whole or in part with the requirements of sub-section (2) of section 5, or (b) resists or obstructs
the Jagir Administrator or any person employed under his orders in the exercise
of the powers conferred by sub-section (3) of section 5, or (c) contravenes, or
attempts to contravene, or abets the contravention of sub-section (4) of
section 6, shall be punishable with imprisonment which may extend to one year
or with fine or with both. This
Regulation shall have effect notwithstanding anything contained in any existing
law, and where an existing law is repugnant to the provisions of this
Regulation, it shall, to the extent of the repugnancy, cease to have effect. (1) The Government may
make rules to carry out the purposes of this Regulation. (2) In particular and
without prejudice to the generality of the foregoing power, such rules may, - (a) specify with
reference to sub-section (2) of section 3 any powers and duties of the Jagir
Administrator which shall not be exercised or discharged by an Assistant Jagir
Administrator; (b) determine the
additional classes of revenue to be included in the gross revenue of a jagir as
defined in section 7; (c) provide for the
conditions under which, the times at which, and the manner in which, advance
payments to Jagirdars and Hissedars under sub-section (2) of section 13 shall
be made; (d) prescribe, in
conformity with the proviso to section 16, the manner in which the net income
of a Jagir granted to a temple or mosque or to any institution established for
a religious or public purpose shall be distributed or applied; (e) prescribe the terms
of employment in Government service of persons formerly employed by Jagirdars; (f) prescribe the terms
and conditions on which a pension, allowance or gratuity may be paid to a
person formerly employed by a Jagirdar who is not employed in Government
service; (g) prescribe the
procedure to be adopted in the presentation and disposal of appeals under, and
in the exercise of the revisional powers conferred by section 20. [1] The words
"the Hyderabad area of the State of Bombay" were subs. for the words "Hyderabad
State" [Schedule (Part III) of the Bom. (Hyderabad area) Adaptation of
Laws (State and Concurrent Subjects) Order, 1956 at page 255 of the Gazette and
the words "State of Maharashtra" were substituted for the words
"State of Bombay" under the provisions of section 4(i) of the
Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. [2] Published in
Extraordinary Jarida No. 40, dated the 15th Mehir, 1358 Fasli. [3] The word
"Government" substituted for the words "Military Governor" in
sub-section (1) of section 3 Schedule (Part III) of the Bombay (Hyderabad Area)
Adaptation of Laws (State and Concurrent Subjects) Order, 1956 at page 255 of
the Gazette. [4] The word
"Government" substituted for the words "Military Governor"
in sub-section (1) of section 3 Schedule (Part III) of the Bombay (Hyderabad
Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956 at page
255 of the Gazette.THE HYDERABAD (ABOLITION OF
JAGIRS) REGULATION, 1358 FASLI