ap inams book
TRANSCRIPT
-
8/8/2019 AP Inams Book
1/56
1
cmyk
cmyk
-
8/8/2019 AP Inams Book
2/56
-
8/8/2019 AP Inams Book
3/56
3
cmyk
cmyk
Qg}a=$k Y Qg} ^iH x~
-
8/8/2019 AP Inams Book
4/56
4
cmyk
cmyk
i# # Hg+#~H~O H Hg+#~j ~=, S.Z.ZQi P^fi~O ~" #, Qg}a=$k Y JkH~` [iy# ="OD H~nH ~"# JkH~ _ LH OQ =#flO^# g\x "iH
_ tH} W=fi_O LyOK
-
8/8/2019 AP Inams Book
5/56
5
cmyk
cmyk
iKO
`OQ} O` O x*O ` fiO HO x*O ^fi~ *w~~^fi~ O
-
8/8/2019 AP Inams Book
6/56
6
cmyk
cmyk
. H^~
_. Ha* Hk" (12 O=`~ #Oz J#= ^~)
Px ~\ iH\1111973 O=`~ W
-
8/8/2019 AP Inams Book
7/56
7
cmyk
cmyk
1. W
-
8/8/2019 AP Inams Book
8/56
8
cmyk
cmyk
J. 1954 1955 O=`~ M } #H
P. 1973 1974 O=`~ } #H
W. O=`~ } #HD. W
-
8/8/2019 AP Inams Book
9/56
9
cmyk
cmyk
~"# O`OQO
20. ~"# _q[# JkHiQ~ xs `n# ^~M^~#, O|Ok =O^ih qK~} K~.
21. `j ~Qi i~#, JO^@ =#fl iH~# ije~.
22. qK~} ~fi` ~"# _q[#JkHi Q~ D HOk "\x x~~~.
J. ^~M ^~ ~# |kb H=# W
-
8/8/2019 AP Inams Book
10/56
10
cmyk
cmyk
30. =O_ ~"# W\__ =OE~ K~.
-
8/8/2019 AP Inams Book
11/56
11
cmyk
cmyk
~\ 1
~bQ W
-
8/8/2019 AP Inams Book
12/56
12
cmyk
cmyk
~\ 2
~bQ x"kH
1. Q=O ~
2. ~M ~ q=~
Z. ~
a. =
. `O_ ~ ~_. O
W. z~
-
8/8/2019 AP Inams Book
13/56
13
cmyk
cmyk
10. O Q K#fl =H ~
11. ZO` HO #Oz Q K
-
8/8/2019 AP Inams Book
14/56
14
cmyk
cmyk
~\ 3
Q= OO Js
j` ............. Q~,
~"# _q[#JkHiQ~,
...................... _q[\ __ W=fi_xH `Q K~ fH=OkQH~_"#k.
H= ~"# Q=O ^~M ^~ O ~fi q~O
OY ~
-
8/8/2019 AP Inams Book
15/56
15
cmyk
cmyk
~\ 4
~O 1
(W
-
8/8/2019 AP Inams Book
16/56
16
cmyk
cmyk
~\ 5
~j
N ................................ O_ .......................................... Q=O ......................................... Qi #O_ W
-
8/8/2019 AP Inams Book
17/56
17
cmyk
cmyk
~\ 6
~O 2
-
8/8/2019 AP Inams Book
18/56
18
cmyk
cmyk
~\ 7
W
-
8/8/2019 AP Inams Book
19/56
19
cmyk
cmyk
x
y z t
a b c d e
# K# W
-
8/8/2019 AP Inams Book
20/56
20
cmyk
cmyk
~\ 8
~O 3
(W
-
8/8/2019 AP Inams Book
21/56
21
cmyk
cmyk
2. X.P~. LO_ \^~
|H/ >\ __ H"O> K~
X.P~. =O_ \ ~ |H/ >\ __ O x "i q=~ H~}
^~M ~K ~O 6 Z ^~M
~O a ~j^
`j ~QiK ^~M ~H ~O 8 \ __ O^ x "i q=~HiOKe.
2. P *a` "iH \ ~ |H/ >\__ W=fi|_O^, J
-
8/8/2019 AP Inams Book
22/56
22
cmyk
cmyk
~"# O`OQO
6. ~M JOk# "O@
-
8/8/2019 AP Inams Book
23/56
23
cmyk
cmyk
~\ 1
6Z #=
-
8/8/2019 AP Inams Book
24/56
24
cmyk
cmyk
~\ 2
6 #=
-
8/8/2019 AP Inams Book
25/56
25
cmyk
cmyk
~\ 3
~O8
-
8/8/2019 AP Inams Book
26/56
26
cmyk
cmyk
~\ 4
~M ^~ "OQO
N / N=u ...... `O_ / ~ ........... Q=O ........ O ......... = ...........iHiOQ JkHi Qi Z^@ Wz# "OQO.
-
8/8/2019 AP Inams Book
27/56
27
cmyk
cmyk
Q= "OQO
1. N / N=u ............ O_ / ~ ........ = ....... O ..... =$u ...... Q=O......... =O_O
2. ,,
3 ,,
4. ,,
5. ,,
"~ iHiOQ JkHi Qi Z^@ Wz# OK
-
8/8/2019 AP Inams Book
28/56
28
cmyk
cmyk
~\ 5
`j ~ Qi L`~fi
Lu N ..............................
`j ~, =O_O .........................
P~..
-
8/8/2019 AP Inams Book
29/56
29
cmyk
cmyk
H "OQ# WK~. D H=O X.P~. *s Z=fiiH U q^"#JO`~ =x W\__ =OE~ K_xH P^tOK\ __ " 3 ~A `j^~QiH =iOK=OkQP^tOK
-
8/8/2019 AP Inams Book
30/56
30
cmyk
cmyk
The Andhra Pradesh (Telangana Area)
Abolition of Inams Act, 1955
Important Note
The Hyderabad Abolition of Inams Act, 1954 (Act VIII of 1955) was repeated by the Andhra
Pradesh (Telangana Area) Abolition of Inams Act, 1967 (Act IX of 1967). The Andhra Pradesh
High Court struck down the 1967 Act as unconstitutional by its judgment, dated the 31st
March, 1970 on the ground that repeal of an enactment, which had already been given effect
to, as a device for depriving the inamdars the compensation to which they are entitle to, was
still born and null and avoid. The Supreme Court upheld the decision of the High Court and
observed that the 1967 Act was unconstitutional from its inception, that it was non-est and
cannot have any effect and that the provisions of the 1954 Act cannot therefore be held to be
repealed at all and they are in existence vide Md. Shaukat Hussain Khan vs. State of AndhraPradesh, A. I. R1974 S.C 1480 : (1974) 2 S. C. C. 376.
After the 1967 Act was struck down by the High Court, the State Government has brought
the provisions of 1954 Act into force from 1st November, 1973, in the notification issued with
G.O. Ms No. 947, Rev. (G), dated 20th October, 1973, which is extracted below.
Notification by Government, Revenue (G) Department Implementation of the Andhra
Pradesh (Telangana Area) Abolition of Inams Act, 1954. (G.O. Ms. No. 974, Rev (G), dated
20th October, 1973)
In exercise of the powers conferred by Section 1 (3) (b) of the Andhra Pradesh (TelanganaArea) Abolition of Inams Act, 1954 (Act No. VIII of 1955), the Governor of Andhra Pradesh
here by appoints the 1st November, 1973 as the date on which all the provisions of the Act
except those mention in sub-section (3) (a) of Section 1, shall come into force in all the
districts in the Telangana Area of the State
C. R. Krishna Swamy Rao Sahib,
Secretary to Government.
-
8/8/2019 AP Inams Book
31/56
31
cmyk
cmyk
The Andhra Pradesh (Telangana Area) Abolition of Inams Act,
1955 Act No. VIII of 1955 ARRANGEMENT OF SECTIONS
Setion Page No.
CHAPTER I
Preiminary
1. Short title, extent and commencement 933
2. Definitions 934
CHAPTER II
Abolition and vesting of inams and the consequences thereof
3. Abolition and vesting of inams and the consequences thereof 935
4. Registration of inamdrs as occupants 9385. Registration of Kabize-e-Kadim as occupant 939
6. Registration of permanenttenants as occupants 940
7. Registration of protected tenants as occupants 940
8. Registration of non-protected tenants as occupants 941
9. Vesting of certain buildings ans inam lands used for
non-agricultural purposes. 941
10. Esquire by Collector in certain cases 941
11. Saving of rights in certain cases 942
CHAPTER III
Determination, Apportionment and Payment of Compensation
12. Determination of compensation payable to the Inamdar 943
13. [X X X] 943
14. Determination of compensation in respect of
excess lands takeenover under Section 4 or 8 943
15. Payment of compensation 944
16. Interim Payment 94417. Collector to determine total compensation 944
18. Notice to persons interested in compensation 945
19. Apportionment compensation 945
20. Procedure for apportiionment 945
21. Claims of creditors 946
22. Devolution of interest in complensation 946
-
8/8/2019 AP Inams Book
32/56
32
cmyk
cmyk
CHAPTER IV
Appeal Reference and Revision
23. Constitution of special Tribunals and their Powers 946
24. Appeal from orders under Section 10 to Prescribed Authority 946
25. Reference to the Special Tribunal 947
26. Appeals to the Special Tribunal 947
27. Appeal to the High Courts 947
28. Revision 948
29. Savings 948
CHAPTER V
Miscellaneous
30. Enquiry by the Collector 948
31. Fee payable on applications, petitions 94932. Indemnity 949
33. Savings 949
34. Repeal 949
35. Power to make rules 949
36. Penalties 949
37. Power of remove difficulties 950
c c c
-
8/8/2019 AP Inams Book
33/56
33
cmyk
cmyk
TELANGANA AREA ABOLITION OF INAMS ACT, 1955
THE ANDHRA PRADESH (TELANGANA AREA) ABOLITION
OF INAMS ACT, 1955. Act No. VIII of 195
(Received the assent of the President on the 16th July, 1955 and published in the Gazette
Extraordinary No. 90 on the 20th July, 1955)
An Act to abolish Inams in the Telangana area of the State of Andhra Pradesh
Preamble :-Whereas it is expendient in public interest to provide for the abolition of inams, X
X X in the (Telangana area of the State of Andhra Pradesh) and for other matters connected
therewith;
Be it enacted in the Fifth Year of Oar Republic as follows :-
CHAPTER I Preliminary
1. Short title, extent and commencement:- (1) This Act may be called the Andhra Pradesh
(Telangana Area) Abolition of Inam Act, 1955.
(2) It extends to the whole of the Telangana area of the State of Andhra Pradesh and shall
apply to all inams as defined in clause (c) of sub- section (1) of section 2.
(As amended by Act No. 29 of 1985)
(3) (a) this section, Section 2, Section 3 except clauses (d), (g), (h) and (i) of sub-section (2),
section 30 to 34 (both inclusive) Section 35 to the extent to which it enable rules to be
made for purpose 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, be
notification in the Official Gazette, appoint in this behalf.
CASE LAW
Section 1 (3) (a) and Section 3 :- 20-2-1955 is the date on which Inams were abolished and
vested in the State and with reference to which rights of the parties for obtaining occupancy
pattas have to be determined. It was held that so far as the substantive rights of the parties areconcerned the effective date is 20-7-1955. That is date on which the Inams were abolished and
vested in the State. That is also the date with reference to which the rights of the parties for
obtaining occupancy pattas have to be determined. What was suspended by virtue of the
amendment introduced by the Act 10 of 1976 was only the enquiry that was to be conducted by
the Collector, both in respect of the comensation as well as the grant of patta, The suspended
provisions were again revived by virtue of the
subsequent notification on 1-11-1973. In other words, through the enquiry was to be made
by the Collector subsequent to 1-11-1973 both as regards the right of the parties for occupancy
-
8/8/2019 AP Inams Book
34/56
34
cmyk
cmyk
pattas as well as far compensation so far as the substantie rights of the parties are concerned
they have to be adjudged only as on 20-7-1955. Vide G. V. Narasimha Reddy Vs Syed Aktar Ali,
1988 (2) ALT 136.
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
the of Deputy Collector, who may be authorised by the Government by notification in
the official Gazette to discharge the functions of a Collector under the 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 Section 34 means the date of publication of this Act in
the Official Gazette;
(ii) elsewhere in this act means the dte appointed by the Government clause (b) of sub-
section (3) of section 1;
(c) 'inam' means land held under a gift or a grant made by the Nizam or by the Jagirdar,
holder of a Samsthan or other cometent 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 or the land revenue thereon and entered as such
in the village records and includes-
i) araxi 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 :
Provide that in respect of former Jagir areas, the expression inam shall not include
such lands as have not been recognised as inams by Government after the abolition of
the Jagirs
(d) 'inamdr' means a person holding an inam or a share therin, either for his own benifit 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 Faimilym such Joint Hindu family ;
(e) 'kabiz-e-kadim' means the holderof inam land, other than an inamdar, who been in
possession of such land at the time of grant of inamor has been in continuous
possesssion of such land for not less than twelve years before the date of vesting and
who pays inamdar only have 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 been liable to payment of revenue ;
-
8/8/2019 AP Inams Book
35/56
35
cmyk
cmyk
(g) 'non-protected tenant' means a tenant other than a permanent tenant or 'protected
tenant';
(h) ' permanent tenant' means a person who, from a date prior to 10th June, 1950, has
been cultivation the inam land on apermanent lease from the inamdr whether under an
instrument or an oral agreement;
(i) 'prescribed' means prescribed by rules made under this Act;
(j) 'protected tenant' mens the protected tenant as defined in the Andhra Pradesh (Telangan
a Area) Tenancy and Agricultural Lands Act, 1950;
(k) 'Special Tribunal' means a Special Tribunal constituted under Section 22 of this Act;
(1) '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 expresions used in this Act but not defined therein shall have the meaningassigned to them in the Land Revenue Act, 1317 Fasli, the Andhra Pradesh (Telangana
Area) Tenancy and Agricultural Lands Act, 1950 and the rules thereunder.
CASE LAW
Sees. 2(a), 7 and 24 and Rule 18(1) of Rules of 1975 under the Act and as amended by G.
O. Ms. No. 663, Dt. 1-7-1977 - District Collector can exercise appellate power to disposed of
appeal against order of R. D. O Grant of ryotwari patta to protected tenant. Not invalid. W. P. No.
3400/82, Dt. 7-10-1987. Syed sadiq Ali & another vs. State of A.P & others (Ramaswamy, J.)
(Unreported).
c c c
-
8/8/2019 AP Inams Book
36/56
36
cmyk
cmyk
CHAPTER II
Abolition and vesting of inams and the cosequenes therof
3. Abolition and vesting of inams and the consequeaces thereof :- (1) Notwithstanding
anything 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 vestion, all inams x x x whall be deemed to have been a
abolished and shall vest in the State, (x x z Words omitted by Amendment Act No. 29
of 1985)
(2) Save as expressly provided by or under the provision of this Act and with effect from the
date or vesting, the following consequences shall ensue, namely ;
(a) the provisions of the Land Revenue Act, 1317 Fasli relation to inams, and the provisions
of the Andhra Pradesh (Telanagana Area) Atiyat Enquiries Act, 1952 and other
enactments, rules, regulations and circulars in force in respect of Atiyat grants shall, to
the extent they are repugnant to the revisions of this 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-kdim, 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 encunbrances;
(c) all such inam lands shall be liable to payment of land reveue ;
(d) all rents and land revenue including casses and royalities, accruing in respect of such
inam lands, on on after the dte of vesting, shall be payable to the State and not to the
inamdr, 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 lafull dur on
the date of vetting 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 prjudiceto
any other mode of recovery be realised be 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 my decree or other
process of any Court and any attachment existion on the date of vesting or any order
for attachment passed before such dte in respect o f such inam, shall, subject to the
revises Section 73 of the Transfer of Property Act, 1882, cease to be in force;
(g) the inamdr 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;
-
8/8/2019 AP Inams Book
37/56
37
cmyk
cmyk
(h) the relation ship with regard to inam land as between the inamdr and kabiz-e-kadim,
permanent tenant, protected tenant or non-protect dtenant shall be extinguished ;
(i) the inamdar, kabiz-e-kadim, permanent tenant, protected tenant, and a non-protected
tenant of inam lands and any persons holding entitled only to such rights and privileges
and be subject to such conditions may have accrued to any of them in the inam beforethe date of vesting against the inamdar shall cease and shall not be enforceable against
the Government or the inamdar.
(3) Nothing contained in sub-section (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 peocess
of law, which but for this Act, would be available to him.
CASE LAW
Inamdar cannot create a tenancy in the date on which the Act came in force :- It washeld in Fareedunissa Begum vs. S. Stta Reddi, C.C.C.A No. 34 of 1965, dated 3-3-1970
(unrepeorted) that an Inamdar cannot create a tenancy on the date on which the A. P. (Telangana
Area) Abolished of Inams Act, 1955 came into force. The lessees under such a tenancy ae not
tenants, and all rights of such land vest in the State. The same law will apply to a purchaser of
a maqtha or a jagir.
All Rights, title and interest vesting in inamdar - Scope :- The words in Section 3 (2) (b)
"all rights, title and inerest" include abkari rights in Inams, vide Mohammad Shoulat Khan vs
State, 1966 (2) An WR 427.
Persons claiming title to the lands on abolition of inam before patta is granted is not entitledto dispossess a person who is in possession of the lands, vide The Samsthan Shri Bhaiji
Mahraj Temple vs. Reveier, 1969 (2) APLJ 36 (Short Notes)
Sees. 3 and 10- Suit filed for partition of Inam lands after the abolition of the Inams under
the Act - Tenant disputing the ownership of the land - Dispute pending adjudication by the
authorities under the Act - Civil Court has no jurisdiction to entertain the suit.
The Civil Court has no jurisdiction in respect of such Inam land to pass a decree for partition.
It is now well established that after the abolition of the Inams , the Inam lands shall stand
vested in the Government. All the pre-existing rights shall stand extinguished. New rights are
yet to be acquired after an inquiry is made under Sec. 10 of the Act by the authorities constituted
thereunder. After such an adjudication and finality and acquisition of the new rights thereunder
the parties are entitled only to those rights recognised.
The decree of the trail Court confirmed by the Appellate Court is without jurisdiction and
absolutely void. Seethal Singh vs. Mahamood Sariff and others (amaswamy, J) 1984 (2) ALT
199 = 1984 (1) APLJ 302 -1984 (1) An. WR 406 (Overruled in AIR 1987, AP. 22)
4. Registration of Inamdars as occupants :- (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 -
-
8/8/2019 AP Inams Book
38/56
38
cmyk
cmyk
(a) lands set apart for the village community, grazing lands ; waste lands forest lands,
mines and qurrles ; tanks, tank beds and irrigation works, streams and rivers ;
(b) lands in respect of which any person isentitled to be registered under Section 5,6,7
and 8 of the Act;
(c) lands upon which leave been erected buildings owned by any person other than inamdr;
Which immediately before the date of vesting, were under his personal cultivation and
which, together with any lands he separately owns and cultivates peronally are equal
to four and a half times the 'family holding'.
(2) No inamdr 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 installment, 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 s provided for
under this Act in respect of inam lands in his possession in excess of the time limit
specified in sub-section (1) whether cultivated or not.
(4)- Omitted by Act No. 16 of 1986.
Objects and Reasons for omitting the Sub-section 4
Sub-section (4) of the Section 4 of the Andhra Pradesh (Telangana Area) Abolition of Inams
Act, 1955. Provides that, if the lands for the purpose of registration of inamdar as occupant are
required to be resumed to make up the deficiency to the extent of 3 family holdings, the sameshall be resumed under the provision of Andhra Pradesh (Telangana Area) Tenancy and
Agricultural Lands Act, 1950 in the order provided there-under.
The rights of an inamdar to resume land to make up deficiency to the extent of 3 family
holdings under the above said provision works out to the disadvantages of permanent tenants,
protected tenants and non-protected tenants in the case of inam lands. The Government have
therefore decided to suitably amend the Andhra Pradesh (Telangana Area) Abolition of Inams
Act, 1955.
CASE LAW
Sees. 4 and 5 - Suits for partition of Inam lands - maintainable
It is only the Civil Court which is competent to pass a decrees for partition and also determine
the sharers of the co-shares of the joint family property. The relief for partition of suit properties
is purely of a civil nature and it is within the competence of Civil Court to try the case (1984 (2)
ALT 199 = 1984 (1) An. WR 406 overruled). Lukraj and others vs. Kishanlal and others (Raghuvir
& Sriramulu, JJ) AIR 1987, A. P. 22.
Sees. 4 and 35 (2) (c) and Rule 5 of the Rules made in 1975 - Application filed by Inamdar
in 1973 for certificate for occupancy rights- Not barred.
-
8/8/2019 AP Inams Book
39/56
39
cmyk
cmyk
The inamdars who are entitled under sec. 4 to apply for a certificate for occupancy rights
should not be compelled to wait untill the rules are applied for a certificate under Sec. 4 , but as
no action was taken, he again reiterated his request by filling another application and the present
applicant was the third in the series. When the Act does not prescribe any time limit there is
nothing wrong if the 3rd respondent invoked the jurisdiction of the cometent authority by making
an application. Merely because the rules came into force in 1975, it does not settle the same.
Power is specifically conferred by Sec 35 (2) (c) on the Government to make rules provided for
time limit for applications and appeals presented under the Act in cases for which no specified
provisions is made. Prescription of time cannot be said to be an essential legislative function
which cannot be delegated. When the statute expressly confers power on the subordinate agency
to make rules unless it is held that the nature of the power is such that it cannot be delegated,
the subordinate legislation cannot be faulted either as unreasonable or ultravires the section.
[1985 (2) APLJ 102 dissented from] Ennesunnis Begum vs Collector, R. R. Dist. and others (M.
N. Rao, J) 1987 (1) ALT 113 = 1985 Law Summary (SRC) 168 = 1985 (2) APLJ 102 Dissented.
5. Registration of Kabiz-e-kadim as occupant:- (1) Every kabiz-e-kadim 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 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 comensation from the Government as provided
for under this Act in respect of Inam lands, in his possession in excess o f the limit
specified in sub-section (1) whether cultivated or not.
6. Registration of permanent tenants as occupant:- (1) Every permanent tenants shall,
with effect from the date of vesting, be entitled to be registered as an occupation in
respect of such inam lans in his possession as may be left over after the allotment
under Section 4, which immediately, before 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 entailed to ci,paenstion from the Government as provided
for under this Act in respect of inam lands in his possession in excess of the limit in sub-
section (1) whether cultivated or not.
(3) No permanent tenant shall be registered as an occupant of any land under subsection
(1) unless he pays to the Government as premium an amount equal to twently- 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 installments along with the annual landrevenue and in default of such payment, shall be recoverable as arrears of land revenue
due on the land in respect of which is payable.
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'.
-
8/8/2019 AP Inams Book
40/56
40
cmyk
cmyk
(2) The protectedtenant shall be entitledto 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 disposed of such lands by the inamdar
between the 10th June 1950 and the date of vesting,
(3) No protected tenant shall be entitled to be registered as an occupant under subsection
(1) unless he pays to the Government as prenium 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 installments along the annual land revenue and
in default of payment shall be recoverable as arrears of land revenue due on the land in
respect of which it is payable.
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 (Telangan
Area) Tenancy and Agricultural Lands in his possession as may be left over after the
allotment 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 non-protected tenant shall be entitled to compensation from the Government as
provided for under the Act in respect of inam lands in his possession in excess of the
limit prescribed in sub-section (1) whether cultivated or not.
(3) The vestings of private buildings or lands under sub-section (1) or (2) shall be subject
of the payment of non-agricultural assessment that may be imposed by Government
from time to time.
10. Enquiry by Collector in certain cases:- The Collector shall examine the nature and
history of all lands in respect of which an inamdar, kabiz-e-kadim, permanent, tenant
protected tenant or non-protected tenant claims to be registered as an occupant under
Section 4, 5, 6, 7and 8, as the case may be, and decide-
(a) In whose favor, 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.
COMMENTARY
Secs. 10 and 24 and the A.P. (T.A.) Abolit ion of Inams Rules, 1975, Rules 5 and 6 -Limitation
prescribed under Rule 5 cannot control Sec. 10-Application before Revenue Divisional Officer
for grant of patta filed beyond 9 months stipulated under Rule 5 - Not barred by time.
Secs. 10 and 24 are essentially concerned with the determination of rights of the diverse
categories comprised Sees. 4 to 8. Sec 24 regulates the time within which the appeal can be
filed and Sect. 10 is not circumscribed by any time limit. The conspicuous absence of provision
of time bound programme idictes that the exercise of power under Sec. 10 is not hedged in by
-
8/8/2019 AP Inams Book
41/56
41
cmyk
cmyk
any time limit and the determination of rights within a specified time is not intended by Sec. 10
as distinguished from Section 24.
The context and set up of Sec. 10 and Sec. 24 disclose that both the provisions are self
contained and unequivocally defined any prescription by extraneous provisions. The rules made
pursuant to section 35 cannot make inroads into the self contained scheme transparent in Sec.10 and Sec. 24. Sec 35 (1) cannot be invoked for the prescription of time limit as it cannot be
considered as crying out the purpose into serve as there is no explicit provision toleration any
prescription. Section 35 (2) (c) also cannot be invoked as Section 10 expressly intended that
there should not be any time limit in exercise of power under this provision.
The scheme of the provisions of the Act and particularly Sec, 10 and Sec.24 does not permitany
prescription by rules regarding time for the exercise of power. From this perspective Rule 5
seeking to percolate into Section 10 by prescribing time has gone astray Md. Siddique Hussain
vs. The District Collector, Rangareddi Dist. 1985 (2) A. P. L. J. 102 [Dissented in 1987 (1) A. L.
T 113.]
11. Saving of rights in certain cases:- (1) Where before the date of vesting, an inamdar ha
created, either by way of lease or otherwise, any right in any inam land which vests in
the State other than the lands specified forest, mines or minerals, quarries, fisheries or
ferries, the transaction shall be deemed to be valid and all rights and obligations arising
thereunder on or after the date of vesting/
shall be enforceable by or against the
Government;
Provided that the transaction was not void or illegal under any law force;
Provided further that where such right was created in any lands, other than the lands
specified in clauses (a) to (c) of sub-section (1) of Section 4 the Government may, if in
their opinion, it is the public interest to do so, by notice given to the person concerned,
terminate the right with effect from such date as may be specified in the notice, not
being earlier than three months from the date thereof.
(2) The person whose right has been terminated by the Government under the foregoing
proviso shall be entitled to compensation from the Government equal to the estimated
net income which have accrued to such person from the land for the unexpeired portion
for which the right was created, having regard to all the circumstances of the case.
c c c
-
8/8/2019 AP Inams Book
42/56
42
cmyk
cmyk
CHAPTER III
Determination, Apportionment an Payment o Compensation
12. Determination of compensation payable the inamdar:- The compensation payable to
the inamdar for the inams abolished under Section 3 shall be the aggregate of thesums specified below:-
(i) in respect of inam lands registered the name of the inamdar and kabix-e-kadim under
Section 4 and 5, a sum equal to twenty times the difference between land revenue and
judi or quit-rent;
(ii) in respect of income accruing to the inamdar from the lands registered in the inams of
his permanent tenant, protected tenant and non-protected tenant a sum equal to sixty
percent of the premium charged as the case may be, under section 6, 7 and 8.
13. Notwithstanding anything contained in this Act, or any other law for the time being in
force, if any, permanent tenant, protected tenant or non-protected tenant has, prior tothe date of vesting, paid any consideration to the inamdar for obtaining the right of
possession and the said amount is equal to 60 percent or more of the premium
chargeable under Sections 6,7 and 8, he would be entitled to the deduction only to the
extent of 60 percent and if the said land is less than 60 percent of the premium he
would be entitled o deduction from the premium shall be adjusted towards the
compensation payable to the Inamdar under clause (ii) of Section 12.
14. Determination of compensation in respect of excess of lands taken over under section 4
and 8 :-The compensation payable to the inamder, Kabiz-e-kadim, permanent, protected
tenant or non-protected to the inamdar, Inam lands in their possession before the date
of vesting and taken over by Government in excess of four and a half times the' familyholding' under Section 4,5,6, and 8 respectively, shall-
(1) in respect of cultivated lands be the following multiples of the amount of land revenue
payable on such lands-
(a) lands taken over from protected tenants, ten times in case of dry lands and five times in
case of wet lands;
(b) lands taken over from protected tenant or permanent tenant fifteen times in case of dry
lands and seven times in case of wet lands;
(c) lands taken over from the kabiz-e-kadim or inamdar twenty times case of dry landsand ten times in case of wet lands.
(2) in respect of uncultivated lands be the following multiples f the amount of land revenue
which could reasonably be assessed on such land-
(a) lands taken over from non-protected tenant four times in case of dry lands and two
times in case of wet lands.
(b) lands taken over from protected tenant or permanent tenant, six times in case of dry
lands and three times in case of wet lands;
-
8/8/2019 AP Inams Book
43/56
43
cmyk
cmyk
(c) lands taken over from the kabiz-e-kaim or inamdar, eight times in case of dry lands
and four times in case of wet lands.
15. Payment of compensation;- (1) The compensation shall be due as from the date of
vesting and shall carry interest at the date of payment.
(2) The compensation payable under this Act may, in accordance with rules made in thisbehalf, be paid in one or more of the following modes, namely :-
(i) in cash in full or in annual installments not exceeding ten;
(ii) in bonds either negotiable or not negotiable carrying interest at the rate specified in
sub-section(l) and of guaranteed face value maturing within a specified period not
exceeding ten years.
16. Interim payment:- Where the amount of compensation is not paid within a period of six
months from the date of vesting, the Government shall, subject to such restrictions
and conditions as to security repayment or otherwise as may be prescribed, direct the
payment interim compensation which shall be equal to one-tenth of the estimatedamount of compensation.
17. Collector to determine total compensation :- 91) The Collector shall determine in
accordance with such of the foregoing provisions, the total compensation payable in
respect of an inam.
(2) Any inamdar or other person interest may, within such time as may be prescribed, or
such further time as the Collector may in his discretion allow, apply in writing to the
Collector for a copy of the data on the basis of which he proposes to determine the
total compensation.
(3) One receipt of such application, the Collector shall furnish the date aforesaid to theapplicant and shall also before passing any order under sub-section (1), given the
applicant reasonable opportunity of making his representation in regard thereto, in
writing or orally,
(4) A copy of every order passed under sub-section (1) shall be communicated to every
inamdar or other person interested and also to every applicant under sub-section (2)
18. Notice to persons interested in compensation :- (1) As soon as may be, after the date
of vesting, the Collector shall -
(a) publish copies of the notification under sub-section (3) of Section 1 in the village chavdi,
where the inam lands are situated and at such other place as he may direct;
(b) cause public notice to be given at a convenient place in or near the inam requiring that
claims of all persons interested in the compensation, or in any portion thereof, including
the inamdar, the members of the family claiming any such portion. Whether by way of
a share or by way of maintenance or otherwise and creditors whose debts are secured
by the mortgage of, or a charge on, the inam orany part thereof, other than lands and
buildings which vest in the inamdar under clause (c) of sub-section (1) of Section 4 or
Section 9 shall be made to him together with the nature and particulars of such claims
in person or by the agent at the time and place therein mentioned, such time not being
-
8/8/2019 AP Inams Book
44/56
44
cmyk
cmyk
earlier than six days from the date of publication of notice. Such notice shall also be
published in the Official Gazette.
(2) Any claim in respect of the compensation which is not made to the collector within the
time of aforesaid shall cease to b enforceable beyond the said period.
19. Apportonment of compensation :- The Collector shall, after giving notice to all persons
claim under Section 18, and to any others whom he considers to be interested making
an enquiry into the validity of the claims received by him, and determine the persons,
who, in his opinion, are entitled to the compensation and the amount to which each of
them is entitled.
20. Procedure for Appointment: (1) As a preliminary to such determination, the Collector
shall apportion h compensatin among the inamdar and any other persons whose rights
or interests in the inam have passed to and veted in the Government under under
clause (b) of Section 3 including persons who are entitled to be maintained from he
inam and its income, as far as possible , in accordance with the value of their respect
interests as far as possible ,in accordance with the value of their respective interests in
the inam.
(2) The value of the interest shall be ascertained in such manner as may be prescribed.
21. Claims of creditors :- (1) After the compensation has been apportioned among the
persons referred to in Section 20 or where it more convenient to do so, pending the
apportionment, the Collector shall take into consideration the applications of the secured
creditors referred to in Section 17 and decide the amount to which each such creditor is
entitled and the person or persons out of whose share or shares of the compensations
such amount should be paid.
(2) The amount of compensation payable by the Government to secured creditors on
account of holdings any mortgage or charge, notwithstanding anything contained in
any law for the time being in force, shall not exceed the amount of compensation payable
in respect of the inam or portion thereof.
22. Devolution of interest in compensaition :- Where it is alleged that the interest of any
persons entitled to receive payment of any portion of the compensation has devolved
on any other person or persons whether by an act of parties or by operation of law, the
Collector shall determine whether there has been any devolution of the interest, and if
so, on whom.
c c c
-
8/8/2019 AP Inams Book
45/56
45
cmyk
cmyk
CHAPTER IV
Appeal, reference and revision
23. Constitution of Special Tribunals and their powers :- (1) The Government shall constitute
as many Special Tribunals as may be necessary for the purposes of these Act.
(2) Each Special Tribunal shall consist of an officer of a rank not less than that of District
Judge.
(3) Each Special Tribunal shall hold its sittings at such times and places, and shall have
such jurisdiction, and over such local areas as the Government may, by notification
from time to time, determine.
(4) No order of the Government constituting a Special Tribunal under this Section shall be
called in question in any manner whatsoever.
(5) The Special Tribunal shall have the same power regarding summing and attendance
of witness and compelling the production of documents as a Civil Court under the
Code of Civil Procedure, 1908.
24. Appeals from orders under Section 10 to prescribed authority :- (1) Any person aggrieved
by a decision of the Collector under Section 10 may, within thirty days from the date of
decision, or such further time as the prescribed authority and its decision shall be final.
(2) If any question arises whether any building or land falls within the scope of Section 9
the same shall be referred to the prescribed authority whose decision shall be final.
CASE LAW
Section 5 of Limitation Act is not applicable to the Abolition of Inams Act for orders passed
under Section 8 read with Section 10 if sufficient cause is shown:- A perusal of Section 24 ofthe Andhra Pradesh (Telangna Area) Abolition of Inam Act, 1955 discloses that a wide discretion.
The 30 days time prescribed under Section 24 of the Act is enlarged at the discretion of he
appellate authority. Thus it is seen that it is a case of discretion vested in the appellate authority
to extend the period of limitation but not excusing the delay for not filing the appeal within
time.
It was further held by Justice Kondanda Ramaiah in A. Balaiah and others vs. The District
Collector, Hyderabad District, 1983 (1) A. L. T. 7 (N. R. C ) : W. P. Nos. 575/81, dated 15-12-
1982 that the proceedings under Section 6 and 8 of the Telangana Area Abolition of Inam Act,
1956 or in the nature of Public deliberations and the concersion of tenure of an inam into
ordinary tenure has to take place in the public interest. The ordinary test of sufficient causewould not apply in the case of an aggrieved party showing sufficient cause for every day's
delay in filing appeal, Seciton 5 of the Indian Limitation Act has no application, as Section 24
of Telangana Area Abolition of Inams Act, 1955 itself has given power of authority to entertain
the appeal.
25. References to the Special Tribunal:- The Collector may, for reasons to be recorded in
writing either suo motu, or on the application of any person interested in the
compensation, refer any case relation to the apportionment of compensation to the
decision of Special Tribual.
-
8/8/2019 AP Inams Book
46/56
46
cmyk
cmyk
26. Appeals to the Special Tribunal:- Any person aggrieved by any decision of the Collector
under Sections 19, 20, 21 and 22 may within thirty days from the date of decision/ or
such further times as the Special Tribunal may for sufficient cause allow, appeal to the
Special Tribunal.
27. Appeals to the High Court:- (1) Any person aggrieved by any order of the Collectormade under sub-sections (1) of section 18 or by any decision of the Special Tribunal
under Section 25 and 26 may, within three months from the date of the order or decision
of such further times as the High Court may for sufficient cause, appeal to the High
Court; and the High Court shall pass such order on the appeal as it thinks fit;
Provided that the total compensation payable in respect of any inam shall not be reduced
by the High Court without giving every inamdar concerned and every person, who has
made an application under Sub-section (2) of Section 17 a reasonable opportunity of
being heard.
28. Revision :- Notwithstanding anything contained in these Act or any other law for the time
being in force, an application for revision shall lie to the High Court from any order
passed or proceedings taken by the Collector (except those referred to in Section 24)
or by the Special Tribunal under this Act on the following grounds that the original or
appellate authority-
(a) exercise a jurisdiction not vested in it by law;
(b) failed to exercise a jurisdiction so vested; or
(c) acted illegally or with material irregularity in following the procedure of passing the
order.
CASE LAWRevision:- Revision to High Court under Sec. 28 maintainable against the appellate orders of the
Collector (i. e., Joint Collector) made under Section 24(1) in matters concerning section 10 i. e.,
grant of occupancy right certificates.
It was held that Reading S. 2 (a) with S. 28, it is clear that under Sec. 28 the Legislature wanted
to prohibit a revision in cases where an appeal lay, (this is on similar lines sec. 115/
C. P. C.) or
a reference lay. But the legislature did not intend to disallow a revision to the High Court against
appellate orders of the Collector. In as much the prohibition in Sec. 28 is only in regard to orders
of the R.D.O which are appealable under Sec. 24(2). Notwithstanding the delegation, the Joint
Collector while dealing with the appeals is still a Collectors because of Sec. 2(a) Hence the
words in brackets in Sec. 24(1) or against which a reference is under Sec. 24 (2). but not to
appellate orders of he Collector (i.e., Joint Collector) made under Sec. 24 (1) in matters concerning
Sec, 10 i.e., grant of occupancy right certificates. (Vide Case Law G. V. Narasimha Reddy and
another vs Syed Aktar AH, 1988 (2) A.L.T 136.
29. Savings :- Save as otherwise provided in this Act, no order passed by the Collector or by the
Special Tribunal under this Act shall be liable to be canceled or modified except by the High
Court as aforesaid or questioned in any Court of law.
-
8/8/2019 AP Inams Book
47/56
47
cmyk
cmyk
CHAPTER V
30. Inquires by the Collector :- (1) The Collector may, be general or special order authorise
any Officer not below the rank of a Tahsildar subordinate to him to hold enquires on his
behalf under the Act.
(2) In respect of every under this Act by the Collector or any Officer authorised under sub-
section (1), the provisions of the Land Revenue Act, 1317 Fasil, relating to formal
inquiry shall apply as if such inquiry is a formal inquiry under the said Act.
31. Fees payable on applications, petitions:- Notwithstanding anything contained in the
Hyderabad Court Fees Act, 1324 Fasli, or any other law for the time being in force, the
fees payable on any application, memorandum of appeal or petition under this Act or
rules made thereunder shall be such as may be prescribed.
32. Indemnity :- No suit or other proceeding shall be lie against the Government or any
person or in respect of anything which is on good faith done or intended to be done
under this Act.
33. Savings:- Nothing in this Act shall in any way be deemed to affect the application of the
provisions of the Andhra Pradesh (Telangana Area) Tenancy and Agriculture Land Act,
1950 to any inam or the mutual rights and obligations of an inamdar and his tenants,
save in so far as the said provisions are in any way inconsistent with the express
provisions of this Act.
34. Repeal:- With effect on and from the date of vesting the Hyderabad Enfranchised
Inams Act, 1952 shall be deemed to have been repealed.
35. Power to make rules:- (1) The Government any, subject to the condition of previouspublication, make rules to carry out the purpose of this Act.
(2) In particular and without prejudice to the generally of the foregoing provision, such
rules are made to provide for -
(a) all matters expressly required or allowed by this Act to be prescirbed ;
(b) the procedure to be followed by the Collector, Special Special Tribunals, authorities
and officers appointed, or having jurisdiction under this Act;
(c) the time within which applications, and appeals may be presented under this Act, in
the case for which no specific provision in that behalf is made herein;
(d) the application of the provision of Code of Civil Procedure, 1908 and the Indian Limitation
Act, 1908, to applications appeals and proceedings under this Act.
(3) All rules made under this section shall be published in the Official Gazette and on such
publication shall have effect as if enacted in this Act.
-
8/8/2019 AP Inams Book
48/56
48
cmyk
cmyk
36. Penalities:- (1) Any person who willfully fails or neglects to comply eight any lawful
order passed under this Act or contravenes any such order or offers resistance or
obstruction to the taking by the Collector or possession of any property which is vested
in the State under this Act or furnishes information which he knows or has reason to
believe to be false or does not believe to be true, shall on conviction by a Magistrate,by punishable with imprisonment which may extend to three months or with fine which
may extend to two hundred rupees or with both.
(2) No prosecution under sub-section (1) wall be instituted except with the previous sanction
of the Collector of the District.
37. Power to remove difficulties :- If any difficulty arises in giving effect to the provisions of
this Act, the Government may, as occasion may require, do anything which appears to
them necessary for the purpose of removing the difficulty.
-
8/8/2019 AP Inams Book
49/56
49
cmyk
cmyk
THE A. P. (TELANGANA AREA) ABOLITION OF INAMS RULES, 1975(G. O. Ms. No. 870, Revenue (G), dated 27th June, 1975.)
In exercise of the powers conferred by Sub-section (1) of Section 35 of the Andhra Pradesh
(Talangan Area) Abolished of Inam Act, 1954 (Act VIII of 1955), the Government of Andhra
Pradesh hereby makes the following rules ;
1. Short title, extent and commencement:- (1) These rules may called the Andhra Pradesh
(Telangan Area) Abolition of Inams Rules, 1975.
(2) They extend to the whole of Telangana area of the State of Andhra Pradesh.
(3) They shall be deemed to have come into force with effect from the 1st November, 1973.
2. Definitions :- In these rules, unless there is anything repugnant in the subject or con-
text:
(a) "Act" means the Andhra Pradesh (Telangana Area) Aboliton of Inam Act, 1954;
(b) "Section" means a section of this Act;
(c) "Form" means a form appended to these rules.
3. Preparation of register by the Collector of each district or other authorised officer show-
ing the nature of inams in each village, and the Revenue collected thereon :- Immedi-
ately after publication of these rules in the Official Gazatte the Collector of each district
or any other officer not below the rank of a Deputy Collector who may be authorised by
the Government by a notification in the Official Gazette to discharge the functions of
Collector under the Act shall prepare and maintain a register showing the nature of the
inam in each village and the Land Revenue which is being collected under clause (c) of
sub-section (1) of Section 3 of the Act.
4. Exercise of right of resumption by the inamdar :- No inamdar shall resume the land
under sub-section (4) of Section 4 to make up the deficiency to the extent of 3 family
holdings under the provisions of the Andhra Pradesh (Telangana Area) Tenancy and
Agricultural Lands Act, 1950, unless he has, within a period of nine months from the
date of publication of these rules in the Official Gazette, filed with the Deputy Collector
in the manner prescribed in the Hyderabad Resumption of Land for Personal Cultiva-
tion Rules, 1955 a statement of reservation demarcating the lands which he reserves
for the exercise of the right of resumption.
(Amended in G.O. Ms. No. 176, Revenue (F-3), Dt, 11-2-1976)
5. Application for the purpose of registration of inamdar and the like:- (1) Application for
the purpose of registration of inamdar, kabiz-e-kadim, permanent tenant, protected tenant
and non-protected tenant or successor in interest, as an occupant under Sections 4, 5
6, 7 and 8 of the Act in respect of the inam land, which was in his possession on the
date of vesting, shall be made to the Collector within a period of nine months from the
date of publication of these rues in the Official Gazette.
(G. G. Ms. No. 176, Rev. (F-3), dated 11-2-1971)
-
8/8/2019 AP Inams Book
50/56
50
cmyk
cmyk
(2) Every such application shall be in Form 1 and shall be signed by the applicant.
(3) Where the application is made by any person other than the inamdar, such inamdar
shall be made a party to the application.
Successor -in-interest of Inamdar is entitled to apply for and obtain Registration as an
occupant :-It was held by Justice Jeevan Reddi, in K. Kesavulu vs. Government ofAndhra Pradesh and another/ reported in 1978
(2) AN. W. R. Page 31 :1978 (1) A. P. L. J. 378 that under Rule 5 of the Andhra Pradesh
(Telangana Area) Abolition of Inams Rules/1975 that a successor-in-interest of inamdar
is entitled to apply for and obtain registration as an acceptant. It was further held that
Government have no power to resume the land alienated by the Inamdar by issuing
executive instructions,
6. Registration of non-protected tenant as occupied :- (1) On receipt of an application
under Rule 5, the Collector/ shall issue a notice inform II to every person claiming
interest in the land specified in such notice/ fixing a date on which an inquiry is to be
held and calling for objections/ if any, within a period of fifteen days from the date of
publication of such notice.
(2) On the date fixed under sub-rule (1) or any subsequent date to which the inquire may
be adjourned/ the Collector shall give to the parties interested/ a reasonable opportu-
nity f being heard and to adduce such evidence/ both oral and documentary/ as may
be necessary and shall also examine such other person or persons and documents/ if
any as he considers necessary to ascertain the area of the land held by the applicant
and pass an order such Section 10 and determine-
(a) the extent of the inanm land to which the applicant so entitled to be registered as an
occupant;
(b) the amount of premium payable by the accupant to the Government/ for the land t be
registered and the number of installments in which the premium is payable ; and
(c) the extent of he inam land that has to be taken over from the applicant in excess of the
limits specified in the Act.
(3) A certificate for registration of the applicant as an occupant of the inamdar under
clause (a) shall be issued in Form III.
7. Determination of Compensation :- The Collector shall determine the compensation in
the manner provided in Section 13 and 14 and shall prepare a statement showing the
amount of compensation payable for each category of the inam land mentioned in
Section 12 of the Act. The amount payable shall be indicated in figures and word/ and
shall be in the
Handwriting of the Collector who shall affix his signature against each entry.
8. Mode of payment of compensation :-(1) Interest shall be calculated on the amount of
compensation fixed under the preceding rule from 1-11-1973, to date of making pay-
ment.
-
8/8/2019 AP Inams Book
51/56
51
cmyk
cmyk
(2) From the amount so arrived at, the amount of premium determined under Rule 6 (2)
shall be deducted; and
(3) If the resultant amount does not exceed Rs. 5,000 it shall be paid in cash in full, and in
case, where it exceeds Rs . 5,000, the amount up to Rs. 5,000 shall e paid cash, and
the remaining amount in excess of Rs. 5,000 shall be paid in annual installments, notexceeding ten, as specified in sub-section (2) of Section 15".
(Substituted as per G. O. Ms. No. 596, Revenue (F), dated 20-4-1979)
9. Payment of interest along with installment:- Where an installment of compensation
becomes payable, the amount which has accrued by way of interest as specified in
subsection (1) of Section 15, on the entire amount of compensation remaining due and
payable installments shall be paid along with that installment.
Note :- In deterring the amount of compensation payable under the Act, fractions of rupee
less than 50 paise shall be disregarded and fractions of rupee equal to or exceeding 50
paise shall be regarded as one rupee.10. Interim Payment:- (1) An application for payment of interim compensation under sec-
tion 16 shall be made to the Collector in Form - IV.
(2) Any application filed under sub-rule (1) shall be daily verified in the manner prescribed
for the verification of plaints in the Code of Civil Procedure, 1908.
11. Interim compensation to be deducted from the amount of compensation:- Any amount
paid on account of interim compensation shall be deducted from the amount of the
total compensation.
12. Interim compensation to be paid in cash :- The interim compensation shall be paid in
cash.
13. Execution of bond to repay excess amount of compensation :- The person in whose
favor an order for payment of interim compensation has been made shall, if so re-
quired, by the Collector, execute a bond undertaking to repay the amount in excess of
the amount determined as compensation.
14. Making of an application under sub-section (2) of section 17 :- An application under
sub-section (2) of Section 17 for a copy of the data on the basis of which the Collector
proposes to determine the total compensation shall be made by the inamdar or other
person interested within ninety days, from the date notification by the Collector in this
behalf.
15. Publication of notice by the Collector under Section 18(1) (b) :-
(1) After completion of the Statement of compensation under Rule7, the Collector shall
cause a notice to be issued in the manner prescribed under clause (b) of sub-section
(1) 18.
(2) Copies of the notices shall be affixed on the notice board in the office of the Collector of
the district divisional office, Taluk Offiice, village Chavidi and at a public place in the
village in which the inam land is situate.
-
8/8/2019 AP Inams Book
52/56
52
cmyk
cmyk
(3) A copy of the notice together with an extract of the draft compensation as rennet
statement shall also be served on the inamdar or the other person interested in the
manner specified in the Code of Civil Procedure, 1908.
16. Assessment of the interests of he inamdar and others :- The value of several of the
inamdar and other persons specified in Section 20 shall be ascertained in accordancewith the following provisions :-
(1) (a) in the case of an inam which, immediately before the date of vesting us the retry of
a joint Hindu family, the Collector shall determine the aggregate compensation pay-
able to all the following persons considered as a single group.
(i) the members of the Joint Hindu family who, immediately before the date of vesting
were entitled to a share in the inam (hereinafter called 'share'); and
(ii) other persons who, immediately before the date of vesting, were entitled to mainte-
nance out of the inam and it s income either under the Hindu Law or under any other
personal law or decree or order of a Court, award, or instrument or contract, in writing,which immediately before the date of vesting was binding on the inamdar (hereinafter
called 'maintenance holders')
(b) The Collector shall next determine which creditors if any lawfully entitled under section
21 to have their debts from and out of the assets of the inam and the amount to which
each of them if so entitled ; and only the remained of aggregate compensation shall be
divisible among the sharers and maintenance-holders as hereinafter provided.
(c) The Collector shall, in determining the amount of compensation payable to the mainte-
nance-holders and apportioning the among them, have regard as far as possible, to
the following considerations, namely,-
(i) the compensation payable in respect of the inam ;
(ii) the number of persons to be maintained out of the inam;
(iii) the nearness of relationship of the person claiming to be maintined ;
(iv) the other sources of income of the claimant; and
(v) the circumstances of the family or the claimant,
(d) the balance of the aggregate compensation shall be divided among the shares,
as if they waned such balance as a joint Hindu family and partition thereof had been
effected among them on the date of vesting.
(2) (a) In the case of an inam other than that specified in sub-rule (1) the Collector shall
determine the aggregate compensation payable to all the following persons consid-
ered as a single group:
(i) the person who immediately before the date of vesting, owned the inam (hereinafter
called owners);
(ii) other person who, immediately before the date of vestiong were entitled to mainte-
nance out of the inam an its income either under the law governing the parties or under
-
8/8/2019 AP Inams Book
53/56
53
cmyk
cmyk
any decree or order of a Court, award or other instrument or contract in writing which
immediately before the date of vesting was binding in the owners (hereinafter called
'maintenance holders').
(b) The Collector shall next determine which creditors, if any, are lawfully entitled under
Section 21 to have their debts paid from and out of the assets of the inam and the
amount to which each of them is so entitled; and only the remainder of the aggregate
compensation shall be divisible among the owners and maintenance-holders as here-
inafter provided.
(c) The Collector shall, in determining the amount of the compensation payable to the
maintenance-holders and apportioning the same among them have regard, as far as
possible, to the following considerations, namely :-
(i) the compensation payable in respect of the inam ;
(ii) the number of persons to be maintained out of the inam;
(iii) the nearness of relationship of the person claiming to be maintained ;
(iv) the other sources of income of the claimant; and
(v) the circumstances of the claimant.
(d) The balance of the aggregate compensation shall be divided among the owners in
proportion to their respective interests in the inam immediately before the date of vest-
ing.
17. Proceeding of the Special Tribunal to be summary :- The proceedings of he Special
Tribunal to be summary :- The proceedings of the special Tribunal shall be summary
and shall be governed , as far as practicable , by the provisions of the Code of Civil
Procedure, 1908.
18. Authority under Section 24 :- (1) For the purpose of sub-section 91) of Section 24 the
District Collector shall be the prescribed authority.
(G. O. Ms. No. 663, Rev. (F), Dt. 18th June 1977)
(2) For the purpose of sub-section (2) of Section 24, the Special Tribunal shall be the
prescribed authority.
19. Fee payable on application and the like :- The fee payable on an application, petition or
memorandum of appeal under the Act or the rules shall be follow;
(a) one every application or pertition . . one rupee.
(b) one every memorandum of appeal .. Three rupees
(c) one every Vakalatnama Three rupees.
20. Appeal to Board of Revenue and the like to be in triplicate :-
Every appeal to the Board of Revenue, Special Tribunal, or High Court shall be in
triplicate and shall be accompanied by a certified copy of the order appealed against
and also three true copies of the said order.
-
8/8/2019 AP Inams Book
54/56
54
cmyk
cmyk
FORM I
[See sub-rule (2) of Rule 5]
1. Full name and address of the applicant
2. (a) Whether he is an Inamdar or not
(b) If he is not Inamdar, the nature of his interest in the inam land along with the detailed
particulars in respect of claim.
3. Details of he inam lands which were in his possession as on 20th July, 1955;
(i) Village
(ii) S. No.
(iii) Area
(iv) Assessment
(v) Wet or Dry
4. Details of the other lands owned by the applicant and cultivated personally :
(i) Village
(ii) S. No.
(iii) Area
(iv) Assessment
(v) Wet or Dry
5. The amount of Land Revenue, Judi or quit rent paid to the Government in respect of
the inam lands. I ............................................................. son of...........................................
declare that/what is stated above is true to the best of my knowledge and belief.
Place :
Date :
Signature of the applicant.
To
The Collector of............................................................
-
8/8/2019 AP Inams Book
55/56
55
cmyk
cmyk
FORM II
[See sub-rule (1) of Rule 6]
Whereas it is proposed to determine under Section 10 of the Andhra Pradesh (Telangana
Area) Abolition of Inams Act, 1954 the person entitled to be registered s an occupant underSection ........................... in respect of Inam land specified below.
Village S. No Wet or Dry Extent Nature of Inam Remarks
(1) (2) (3) (4) (5) (6)
You are hereby required to appear before the undersigned on.......................... (date)
at........................... (time) and ........................ (place) and make such representation andadduce such evidence in support of your claim as may be necessary failing which the matterwill be decided on the basis of material available in record.
To, (Sd.)
FORM III
[See sub-rule (1) of Rule 6]
In accordance with the provisions of Section ...................... read with Section 10 ...................
of the Andhra Pradesh (Telangana Area) Abolition of Inam Act, 1954, Sri/Smt.................................... Son of ............................daughter of ....................... wife of....................................... Sri......................................... residing at.................................................village shall be registered as an occupant in respect of the land specified in the Schedulebelow and shall be liable to pay to Government an amount of Rs................................ towardspremium in ( ) installments commencing from .............; he/she shall also be liable
to pay the land revenue assessment in respect of the said land in accordance with the provi-sions of the Act in section ..................................
THE SCHEDULE
Village S. No Wet or Dry Extent Nature of Inam Remarks
(1) (2) (3) (4) (5) (6)
(Sd.)
-
8/8/2019 AP Inams Book
56/56
cmyk
FORM IV
[See Rule 10]
1. Full name and address of the applicant..............................
2. Details of the inam land for which the applicant claims interim compensation ;
(i) Village
(ii) S. No.
(iii) Area
(iv) Assessment
(v) Wet or Dry
(vi) The judi or quit-rent paid to the Government in respect of the inam and land
3. Name and addresses of Co-sharers and the share of the applicant ..
Applicant.
To
The Collector of.................................