HYDERABAD ENFRANCHISED INAMS ACT, 1952

Preamble - HYDERABAD ENFRANCHISED INAMS ACT, 1952

[1]THE HYDERABAD ENFRANCHISED INAMS ACT, 1952

[Act No. 08 of 1952]

PREAMBLE

An Act to enfranchise certain classes of Inams by converting them into Pattadari holdings subject to the payment of Judi;

Whereas it is expedient to enfranchise certain classes of Inams by converting them into Pattadari holdings subject to the payment of Judi;

It is hereby enacted as follows:--

 

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Hyderabad Enfranchised Inams Act, 1952.

 

(2)     It extends to the whole of the State of Hyderabad and shall apply to such Inams or classes of Inams as may, from time to time, be notified by Government in the Jarida.

 

(3)     It shall come into force on such date as the Government by notification in the Jarida may appoint in this behalf.

Section 2 - Definitions

In this Act unless there is anything repugnant in the subject or context--

(a)      (i) " Inam " means land held under a grant made by H.E.H. the Nizam or other competent grantor and continued or confirmed by virtue of a Muntakhab or other title deed coupled with the remission of the whole or part of the land revenue thereon either as a gift or a grant and with or without the condition of service;

(ii) " Inamdar " means a person holding an Inam;

(iii) " Judi" means a share of the land revenue fixed on Inam land or which may be fixed thereon in accordance with the provisions of this Act;

(iv) " prescribed " means prescribed by rules made under this Act;

(b)      words and expressions used in this Act but not defined therein shall have the meanings assigned to them in the Land Revenue Act No. VIII of 1317 F.

Section 3 - Enfranchisement

(1)     All Inams or classes of Inams to which this Act applies shall, as soon as may be, be enfranchised in the prescribed manner.

 

(2)     The dates from which the enfranchisement will take effect in the case of any Inams or classes of Inams shall be specified by Government by notification in the Jarida.

Section 4 - Consequences of enfranchisement

As soon as the enfranchisement takes effect in respect of any Inam land, the Inamdar shall be deemed to be a Pattadar of that land and shall be liable to pay to Government such Judi as may be determined under this Act:

Provided that nothing contained in this section shall affect or modify the rights and obligations of the person other than the Inamdar, who may be in actual possession of the Inam land.

Section 5 - Determination of Judi

(1)     The Judi payable in respect of any Inam land shall be determined in the prescribed manner by the Deputy Collector who shall fix a date with effect from which the enfranchisement of the Inam will take effect and the Judi will become payable in respect thereof.

 

(2)     For the purpose of determining the Judi the Deputy Collector shall ascertain the amount of land revenue assessed on the Inam land concerned or if no such land revenue had been assessed thereon the amount of land revenue that could be reasonably assessed on the land if it had been liable to land revenue and fix such amount as Judi as is equal to 1/8th of the land revenue assessed or which may be reasonably assessed on the land.

 

(3)     Where the land on which Judi has been fixed under sub-section (2) or any portion thereof is transferred by way of sale, gift or exchange the transferee shall pay the full land revenue for the land or portion of the land transferred to him and the transferor shall pay proportionate Judi for the portion of the land, if any, which has not been transferred and the amounts that may be payable as aforesaid to the Government by the transferee and transferor respectively shall be determined by the Deputy Collector in the prescribed manner.

Section 6 - Appeals

Subject to anything which may be prescribed, an appeal against the order of the Deputy Collector passed under section 5 shall lie to the Collector and a second appeal shall lie from the order of Collector passed in such appeal to the Nazim Atiyat. The order passed by the Nazim Atiyat in the second appeal shall be final.

Section 7 - Inapplicability of Atiyat Law as to succession, etc., to enfranchised Inams

The existing Atiyat law so far as it--

(a)      relates to succession,

 

(b)      imposes a prohibition of alienation or transfer, and

 

(c)      maintains the revisionary claim of the Government or the discretion of the Government to grant or not to grant the Inam land to the successor of the previous Inamdar, shall cease to apply to Inams enfranchised under section 3.

Section 8 - Law applicable to patta lands to apply to enfranchised Inam lands

Notwithstanding anything contained in Atiyat law or section 102 of the Hyderabad Tenancy and Agricultural Lands Act, 1950, the enfranchised Inams shall be held as Patta lands and shall, as far as may be, be subject to all the provisions of the said Act and the Land Revenue Act or of any other law for the time being in force which are applicable to Patta lands in so far as the said provisions are not repugnant to anything contained in this Act.

Section 9 - Bar of Jurisdiction

The orders of he Nazim Atiyat under this Act and except as provided therein the orders passed by the Deputy Collector and the Collector thereunder shall not, save as provided is the Constitution, be questioned in any Court of law.

Section 10 - Rules

The Government may by notification in the Jarida make rules to carry out the purposes of this Act and in particular make rules in respect of such matters as may be prescribed under this Act.