HYDERABAD
LAND REVENUE (AMENDMENT) ACT, 1952 [1]THE HYDERABAD LAND REVENUE (AMENDMENT) ACT, 1952 [Act No. 09 of 1952] PREAMBLE An Act to amend the
Land Revenue Act (VIII of 1317 F.). Whereas
it is expedient to amend the Land Revenue Act (VIII of 1317 Fasli), for the
purposes hereinafter appearing; It
is hereby enacted as follows:-- (1) This Act may be called the Hyderabad Land Revenue (Amendment)
Act, 1952. (2) It shall come into force from the date of its
publication in the Jarida. After
section 6 of the Land Revenue Act, VIII of 1317 F. (hereinafter referred to as the
said Act) the following section shall be inserted, namely:-- "6-A. Additional Collector or Additional
Taluqdar to have had always the same powers and duties as the Collector or
Taluqdar. Subject
to any special orders of Government in force at the relevant time-- (a) an Additional Collector shall have and shall be
deemed always to have had the powers and duties of a Collector; and (b) an Additional Talukdar shall be deemed always to
have had the powers and duties of a Taluqdar, within their respective districts, whether under
this Act or under any other law for the time being in force read with the
Hyderabad District Officers (Change of Designation and Construction of
References) Act, 1950." After
section 67 of the said Act and before the explanation thereof the following
proviso shall be inserted, namely:-- "Provided
that an Asami Shikmi who has been in possession of any bil-Maqta land in an
ijara village for a continuous period of 12 years, whether there was any
agreement between the Ijaradar and the Asami Shikmi pertaining to the period of
cultivation or not, and every person who has from the commencement of
cultivation or from the time patta was granted to the Ijaradar, jointly with such Ijaradar cultivated
any bil-Maqta land held by such Ijaradar, shall be deemed to be a Shikmidar in
respect of such bil-Maqta land." After
section 67 of the said Act, the following section shall be inserted, namely:-- "67A Right of Shikmidar to purchase rights of
the pattadar. (1) Notwithstanding anything to the contrary contained
in any law, usage, contract, grant, decree or order of a Court, a Shikmidar
shall be entitled to purchase all the rights of pattadar in the land held by
him as a Shikmidar. (2) A Shikmidar who desires to exercise the light
conferred by sub-section (1), may make an offer to the pattadar stating the
price which he is prepared to pay for the purchase of the rights of the
pattadar in the land. (3) If the pattadar refuses or fails to accept the offer
and execute a sale-deed within three months from the date of offer, the
Shikmidar may apply to the Deputy Collector of the area for the determination
of the reasonable price to be paid by him to the pattadar for such purchase. (4) On receipt of an application under sub-section (3),
the Deputy Collector shall give notice to the applicant and the pattadar and to
all other persons who appear to him to be interested, of the date, time and
place at which he proposes to enquire into the application and on the completion
of the enquiry, he shall determine as a reasonable price payable by the
Shikmidar to the pattadar such amount as he may deem fit: Provided that the amount so determined as
reasonable price shall not be more than ten times or less than eight times the
difference between the rent paid or payable by the Shikmidar to the pattadar
for the year in which the application under sub-section (3) is filed, and the
annual land revenue paid or payable by the pattadar to the Government in
respect of the land to which the said application relates. (5) The Shikmidar shall within the prescribed period
from the date of determination of reasonable price, deposit the amount thereof
with the Deputy Collector, and if he fails to do so, he shall forfeit the right
of purchase conferred upon him by sub-section (1). (6) On such deposit being made by the Shikmidar the
Deputy Collector shall issue a certificate in the prescribed form declaring the
farmer to be the pattadar of the land and such certificate shall be conclusive
evidence against the pattadar and all other persons interested therein. The
Deputy Collector shall cause the name of the Shikmidar to be entered as
pattadar, in all relevant Government records". Section
74 of the said Act shall be omitted.
Preamble - HYDERABAD LAND REVENUE
(AMENDMENT) ACT, 1952