LexThe Telangana Abolition of Inams Act, 1955.
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Open in Lexace · Ask the AI about this actTHE TELANGANA ABOLITION OF INAMS ACT, 1955.
(ACT NO. VIII OF 1955.)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER – I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER - II.
ABOLITION AND VESTING OF INAMS AND THE
CONSEQUENCES THEREOF.
3. Abolition and vesting of inams and the
consequences thereof.
4. Registration of inamdars as occupants.
5. Registration of kabiz e-kadim as occupant.
6. Registration of permanent tenants as occupants.
7. Registration of protected tenants as occupants.
8. Registration of non-protected tenant as occupant.
9. Vesting of certain buildings and inam lands used
for non-agricultural purposes.
10. Enquiry by Collector in certain cases.
11. Saving of rights in certain cases.
CHAPTER - III.
DETERMINATION, APPORTIONMENT AND
PAYMENT OF COMPENSATION.
12. Determination of compensation payable to the
inamdar.
2 [Act No. VIII of 1955]
13. ...
14. Determination of compensation in respect of
excess lands taken over under sections 4 to 8.
15. Payment of compensation.
16. Interim payment.
17. Collector to determine total compensation.
18. Notice to persons interested in compensation.
19. Apportionment of compensation.
20. Procedure for apportionment.
21. Claims of creditors.
22. Devolution of interest in compensation.
CHAPTER - IV
APPEAL, REFERENCE AND REVISION
23. Constitution of Special Tribunals and their powers.
24. Appeals from orders under section 10 to
prescribed authority.
25. References to the Special Tribunal.
26. Appeals to the Special Tribunals.
27. Appeal to the High Court.
28. Revision.
29. Savings.
CHAPTER - V.
MISCELLANEOUS.
30. Enquiries by the Collector.
31. Fee payable on applications, petitions.
32. Indemnity.
33. Savings.
[Act No. VIII of 1955] 3
34. Repeal.
35. Power to make rules.
36. Penalties.
37. Power to remove difficulties.
THE TELANGANA ABOLITION OF INAMS ACT, 1955.1
ACT No. VIII OF 1955.
CHAPTER – I
PRELIMINARY
1. (1) This Act may be called the 2[Telangana Abolition of
Inams Act, 1955].
3[(2) It extends to the whole of 4[the State of Telangana]
and shall app ly to all inams as defined in clause (c) of
sub-section (1) of section 2.]
5[(3) (a) This section, section 2, section 3 except
clauses (d), (g), (h) and (i) of sub-section (2), sections 30 to
34 (both inclusive), section 35 to the extent to which it
enables rules to be made for the purposes 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;
1. The Hyderabad Abolition of Inams Act, 1955 (Act No. VIII of 1955)
received the assent of the President on 20.07.1955. The said Act in force
in the combined State, as on 02.06.2014, has been adapted to the State
of Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws
(No.2) Order, 2016 issued in G.O.Ms.No.46, Law (F) Department, dated
01.06.2016.
2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
3. Substituted by the Act No.29 of 1985.
4. The words ―for the whole of the Hyderabad State‖ were substituted
with the words ―the Hyderabad Area of the State of Andhra Pradesh‖
(Andhra Pradesh Adaptation Order, 1957), and these words were
substituted with ―Telangana Area of the State of Andhra Pradesh (Act IX
of 1961). These words are substituted with ―the State of Te langana‖
(G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
5. Substituted by Act No. X of 1956, Published in Gazette Extraordinary
No.(79) dated 20th April, 1956.
(For temporary provision for recovery of land revenue see the above
Gazette).
Short title, extent
and
commencement.
2 [Act No. VIII of 1955]
(b) the rest of this Act shall come into force on such
date as the Government may, by notification in the Official
Gazette, appoint in this behalf.]
2. (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 rank of a Deputy
Collector, who may be authorised by the Government by
notification in the Official Gazette to discharge the functions
of a Collector under this Act;
6[(b) the expression ‗date of vesting‘ when used—
(i) in sub -section (1), sub-section (2) with refe rence
to clauses (a), (b), (c), (e) and (f), and sub -section (3) of
section 3 and in section 34, means the date of publication of
this Act in the Official Gazette;
(ii) elsewhere in this Act means the date ap pointed
by the Government under 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 any Jagirdar, holder of a
Samsthan or other competent grantor and continued or
confirmed by virtue of a muntakhab or other title deed, with
or without the condition of service and coupled wit h the
remission of the whole or part of the land revenue thereon
and entered as such in the village records and includes—
6. Substituted by Act No. X of 1956, Published in Gazette Extraordinary
No.(79) dated 20th April, 1956.
(For temporary provision for recovery of land revenue see the above
Gazette).
Definitions.
[Act No. VIII of 1955] 3
(i) arazi 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:
Provided 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) ‗inamdar‘ means a person holding an inam or a
share therein, either for his own benefit 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 family, such
joint Hindu family;
(e) ‗kabiz-e-kadim‘ means the holder of inam land,
other than an inamdar, who has been in possession of such
land at the time of the grant of inam or has been in
continuous possession of such land for not less than twelve
years before the date of vesting and who pays the inamdar
only the land revenue;
(f) ‗land revenue‘ means the land revenue assessed
by the Government under 7the Telangana 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 had been
liable to payment of revenue;
7. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Act VIII of 1317F.
4 [Act No. VIII of 1955]
(g) ‗non-protected tenant ‘ means a tenant other
than a permanent tenant or a ‗protected tenant‘;
(h) ‗permanent tenant‘ means a person who, from a
date prior to 10th June, 1950, has been cultivating the inam
land on a permanent lease from the inamdar whether under
an instrument or an oral agreement;
(i) ‗prescribed‘ means prescribed by rules made
under this Act;
(j) ‗protected tenant‘ means the protected tenant as
defined in 8[the Telangana Tenancy and Agricultural Lands
Act, 1950];
(k) ‗Special Tribunal ‘ means a Special Tribunal
constituted under section 22 of this Act;
(l) ‗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 expressions used in this Act but not
defined therein shall have the meaning assigned to them in
8the Telangana Land Revenue Act, 1317 Fasli, 8the
Telangana Tenancy and Agricultural Lands Act, 1950 and
8the Telangana Atiyat Enquiries Act, 195 2 and the rules
thereunder.
8. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Act XXI of 1950.
Act X of 1952.
Act XXI of 1950.
[Act No. VIII of 1955] 5
CHAPTER - II.
ABOLITION AND VESTING OF INAMS AND THE
CONSEQUENCES THEREOF.
3. (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 vesting, all inams 9[XXX] shall be deemed to
have been abolished and shall vest in the State.
(2) Save as expressly provided by or under the
provisions of this Act and with effect from the date of
vesting, the following consequences shall ensue, namely:-
(a) the provisions of the Telangana Land Revenue
Act, 1317 Fasli relating to inams, and the provisions of 10[the
Telangana 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 provisions of this Act, not apply and the
provisions of 10the Telangana Land Revenue 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-kadim, 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,
9. Omitted by Act No.29 of 1985.
10. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Abolition and
vesting of inams
and the
consequences
thereof.
Act X of 1952.
6 [Act No. VIII of 1955]
fisheries and ferries, shall cease and be vested absolutely in
the State free from all encumbrances;
(c) all such inam lands shall be liable to payment of
land revenue;
(d) all rents and land revenue including cesses and
royalties, accruing in respect of such inam lands, on or after
the date of vesting, shall be payable to the State and not to
the inamdar, 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 lawfully due on the date of vesting
in respect of any such inam shall, after such date, continue
to be recoverable from the inamdar by whom they were
payable and may, witho ut prejudice to any other mode of
recovery be realised by 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 any decree or other process of any
Court and any attachment existing on the date of vesting or
any order for attachment passed before such date in
respect of such inam, shall, subject to the provisions of
section 73 of the Transfer of Property Act, 1882, cease to be
in force;
(g) the inamdar 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;
(h) the relationship with regard to inam land as
between the inamdar and kabiz -e-kadim, permanent tenant,
protected tenant or non -protected tenant shall be
extinguished;
[Act No. VIII of 1955] 7
(i) the inamdar, kabiz -e-kadim, permanent tenant,
protected tenant, and a non -protected tenant of inam lands
and any person holding under them and a holder of an
inam, sha ll as against the Government, be entitled only to
such rights and privileges and be subject to such conditions
as are provided for under this Act and any other rights and
privileges which may have accrued to any of them in the
inam before the date of vesti ng against the inamdar shall
cease and shall not be enforceable against the Government
or the inamdar.
(3) Nothing contained in sub -sections (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 process of law, which, but for
this Act, would be available to him.
4. (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—
(a) lands set apart for the village community, grazing
lands; waste lands, forest lands, mines and quarries; tanks,
tank beds and irrigation works, streams and rivers;
(b) lands in respect of which any person is entitled to
be registered under sections 5, 6, 7 and 8 of the Act;
(c) lands upon which have been erected buildings
owned by any person other than the inamdar;
which immediately before the date of vesting, 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‘.
Registration of
inamdars as
occupants.
8 [Act No. VIII of 1955]
11[Provided that where inams are held by or for the
benefit of charitable and religious institutions no person
shall be entitled to be registered as an occupant under
sections 5, 6, 7 and 8 and the institution alone shall be
entitled to be registered as an occupant of all inam l ands
other than those specified in clauses (a) and (c) above
without restriction of extent to four and half times the family
holding and without the condition of personal cultivation:
Provided further that where any person other than t he
concerned char itable or religious institution has been
registered as an occupant under section s 5, 6, 7 and 8 after
the commencement of the Andhra Pradesh ( Telangana
Area) Abolition of Inams (Amendment) Act, 1985 such
registration shall and shall be deemed always to have been
null and void and no effect shall be given to such
registration.]
(2) No inamdar 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 instalments along with the annual land
revenue and in default of such payment, 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 as provided for under this Act in respect of
inam la nds in his possession in excess of the time limit
specified in sub-section (1) whether cultivated or not.
11. Added by Act No.19 of 1994 (w.e.f.26.12.1985).
Act 29 of 1985.
[Act No. VIII of 1955] 9
12[(4) [XXX]]
5. (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
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.
6. (1) Every permanent tenant shall, with effect from the
date of vesting, be entitled t o be registered as an occupant
in respect of such inam lands in his possession as may be
left over after the allotment under section 4, which
immediately before the date of vesting were under his
personal cultivation and which, together with any lands he
separately owns and cultivates p ersonally, are equal to four
and a half times the ‗family holding‘.
(2) The permanent tenant shall be entitled to
compansation 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 sub -section (1) unless he pays
to the Government as premium an amount equal to twenty -
five times the land revenue for dry land and nin e times for
wet land. The amount of premium shall be payable in not
more than ten annual instalments along with the annual land
12. Omitted by Act No.16 of 1986.
Registration of
kabiz e-kadim as
occupant.
Registration of
permanent
tenants as
occupants.
10 [Act No. VIII of 1955]
revenue and in default of such payment, shall be
recoverable as arrears of land revenue due on the land in
respect of which it is payable.
13[Provided that a permanent tenant who is a poor
person shall be eligible to be registered as an occupant
under sub-section (1), without payment of any premium to
the Government.
Explanation: For the purpose of this section, section 7
and section 8, a poor person is one who does not own any
land or property other than the Inam land under his
occupation and enjoyment and whose family income is not
more than the income as prescribed by the Gover nment
from time to time for treating him as a person below poverty
line.]
7. (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‘.
(2) The protected tenant shall be entitled to
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
13. Added by Act No.19 of 2011.
Registration of
protected tenants
as occupants.
[Act No. VIII of 1955] 11
(b) if he is not in possession, he has been unlawfully
dispossessed of such lands by the inamdar between the
10th of June, 1950 and the date of vesting.
(3) No protected tenant shall be entitled to be
registered as an occupant under sub -section (1) unless he
pays to the Government as premium an amount equal to
forty times the land revenue for dry land an d thirteen times
for wet land. The amount of premium shall be payable in not
more than ten annual instalments along with the annual land
revenue and in default of such payment shall be recoverable
as arrears of land revenue due on the land in respect of
which it is payable.
14[Provided that the prote cted te nant who is a poor
person shall be entitled to be registered as an occupant
under sub-section (1), without payment of any premium to
the Government.]
8. (1) Every non -protected tenant, shall, with effect from
the date of ve sting subject to section 37 of 15[the Telangana
Tenancy and Agricultural Lands Act, 1950] b e 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, immediately before the date of vesting,
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 non -protected tenant shall be ‗entitled‘, to
compensation from the Government as provided for under
this Act in respect of inam lands in his possession in excess
of the limit prescribed in sub -section (1) whether cultivated
or not.
14. Added by Act No.19 of 2011.
15. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Registration of
non-protected
tenant as
occupant.
Act XXI of 1950.
12 [Act No. VIII of 1955]
(3) No non -protected tenant 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 sixty
times the land revenue for dry land and twenty times for wet
land. The amount of permium shall be payable in not more
than ten annual instalments along with the annual land
revenue and in default of such payment, shall be
recoverable as arrears of land revenue due on the land in
respect of which it is payable.
16[Provided that a non -protected tenant who is a poor
person shall be entitled to be registered as an occupant
under sub-section (1), without payment of any premium to
the Government.]
9. (1) Every private building, situated within an inam shall,
with effect from the date of vesting, vest in the person who
owned it immediately before that date.
(2) Where an inam land has been converted for any
purpose unconnected with agriculture, the holder of such
land shall be entitled to keep the land provided that such
conversion was not void or illegal under any law in force.
(3) The vestings of private buildings or lands under
sub-section (1) or (2) shall be subject to the pay ment of
non-agricultural assessment that may be imposed by
Government from time to time.
10. 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 sections 4, 5,
6, 7 and 8, as the case may be, and decide—
16. Added by Act No.19 of 2011.
Vesting of certain
buildings and
inam lands used
for non-
agricultural
purposes.
Enquiry by
Collector in
certain cases.
[Act No. VIII of 1955] 13
(a) i n whose fav our, 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.
11. (1) Where before the date of vesting, an inamdar has
created, either by way of lease or otherwise, any right in any
inam land which vests in the State other than the lands
specified in clauses (a) and (c) of sub -section (1) of section
4, including rights in any 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 in 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 in 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 s hall be
entitled to compensation from the Government equal to the
estimated net income which would have accrued to such
person from the land for the unexpired portion of the period
for which the right was created, having regard to all the
circumstances of the case.
Saving of rights in
certain cases.
14 [Act No. VIII of 1955]
CHAPTER - III.
DETERMINATION, APPORTIONMENT AND PAYMENT OF
COMPENSATION.
12. The compensation payable to the inamdar for the
inams abolished under section 3 shall be the aggregate of
the sums specified below:—
(i) in respect of inam lands registered in the name of
the inamdar and kabiz -e-kadim under sections 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 names of his permanent tenant,
protected tenant and non -protected tenant a sum equal to
sixty per cent of the premium charged as the case may be,
under sections 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
to the date of vesting, paid any consideration to the inamdar
for obtaining the right of possession and t he said amount is
equal to 60 per cent 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 per cent and if the said
amount is less than 60 per cent of the premium he would be
entitled to deduction to the extent of the amount actually
paid by him. The amount so deducted from the premium
shall be adjusted towards the compensation payable to the
Inamdar under clause (ii) of section 12.
14. The compensation payable to the inamdar, kabiz -e-
kadim, permanent, protected tenant or non-protected tenant
for Inam lands in their possession before the date of vesting
and taken over by Government in excess of four and a half
Determination of
compensation
payable to the
inamdar.
Determination of
compensation in
respect of excess
lands taken over
under sections 4
to 8.
[Act No. VIII of 1955] 15
times the ‗family holding ‘ under sections 4, 5, 6, 7 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 non -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 in -
amdar twenty times in case of dry lands and ten times in
case of wet lands.
(2) In re spect of uncultivated lands be the following
multiples of the amount of land revenue which could
reasonably be assessed on such lands-
(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;
(c) lands taken over from the kabiz -e-kadim or
inamdar, eight times in case of dry lands and four times in
case of wet lands.
16 [Act No. VIII of 1955]
15. (1) The compensation shall be due as from the date of
vesting and shall carry interest at the rate of two and three-
fourths per cent per annum from the date of vesting to the
date of payment.
(2) The compensation payable under this Act may, in
accordance with rules made in this behalf, be paid in one or
more of the following modes, namely:—
(i) in cash in full or in annual instalments not
exceeding ten;
(ii) in bonds either negotiable or not negotiable
carrying interest at the rate specified in sub -section (1) and
of guaranteed face value maturing within a specified period
not exceeding ten years.
16. 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 of interim compensation
which shall be equal to one -tenth of the estimated amount
of compensation.
17. (1) 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 interested 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) On receipt of such app lication, the Collector shall
furnish the data aforesaid to the applicant; and shall also,
Payment of
compensation.
Interim payment.
Collector to
determine total
compensation.
[Act No. VIII of 1955] 17
before passing any order under sub -section (1), give 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. (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 situate 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 his family claiming
any such portion, whether by way of a share or b y way of
maintenance or otherwise and creditors whose debts are
secured by the mortgage of, or as charge on, the inam or
any 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 agent at the
time and place therein mentioned, such time not being
earlier than sixty 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 aforesaid shall
cease to be enforceable except where the Collector for
sufficient cause permits a claim to be made beyond the said
period.
Notice to persons
interested in
compensation.
18 [Act No. VIII of 1955]
19. The Collector shall, after giving notice to all persons
who claim under section 18, and to any others whom he
considers to be interested, make 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. (1) As a preliminary to such determination, the
Collector shall apportion the compensation among the
inamdar and any other persons whose rights or interests in
the inam have passed to and vested in the Government
under clause (b) of section 3 including persons who are
entitled to be maintained from the inam and its income, 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. (1) After the compensation has been apportioned
among the persons referred to in section 20 or where it is
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 s uch creditor is entitled and the
person or persons out of whose share or shares of the
compensation such amount should be paid.
(2) The amount of compensation payable by the
Government to secured creditors on account of holding 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.
Apportionment of
compensation.
Procedure for
apportionment.
Claims of
creditors.
[Act No. VIII of 1955] 19
22. 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 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.
CHAPTER - IV
APPEAL, REFERENCE AND REVISION
23. (1) The Government shall constitute as many Special
Tribunals as may be necessary for the purposes of this Act.
(2) Each Special Tribunal shall consist of an officer of
a rank not less than that of a 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 summon ing and attendance of witnesses and
compelling the production of documents as a Civil Court
under the Code of Civil Procedure, 1908.
24. (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
may for sufficient cause allow, appeal to the prescribed
authority and its decision shall be final.
Devolution of
interest in
compensation.
Constitution of
Special Tribunals
and their powers.
Appeals from
orders under
section 10 to
prescribed
authority.
20 [Act No. VIII of 1955]
(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.
25. The Collector may, for reasons to be recorded in
writing either suo motu, or on the application of any person
interested in th e compensation, refer any case relating to
the apportionment of compensation to the decision of the
Special Tribunal.
26. Any person aggrieved by any decision of the Collector
under sections 19, 20, 21 or 22 within thirty days from the
date of decision, or such further time as the Special Tribunal
may for sufficient cause allow, appeal to the Special
Tribunal.
27. (1) Any person aggrieved by any order of the Collector
made under sub-section (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 time as High Court may for sufficient cause allow,
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 e very inamdar concerned and every person,
who has made an application under sub -section (2) of
section 17 a reasonable opportunity of being heard.
28. Notwithstanding anything contained in this 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:—
References to the
Special Tribunal.
Appeals to the
Special Tribunals.
Appeal to the
High Court.
Revision.
[Act No. VIII of 1955] 21
(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 or passing the order.
29. 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 cancelled or modified except by
the High Court as aforesaid or be questioned in any Court of
law.
CHAPTER - V.
MISCELLANEOUS.
30. (1) The Collector may, by general or special order
authorise any officer not below the rank of a Tahsildar
subordinate to him to hold enquiries on his behalf under this
Act.
(2) In respect of every enquiry under this Act by the
Collector or any Officer authorised under sub -section (1),
the provisions of 17the Telangana Land Revenue Act, 1317
Fasli, relating to formal enquiry shall apply as if such enquiry
is a formal enquiry under the said Act.
31. Notwithstanding anything contained in 18the 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.
17. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
18. This Act has been repealed by the Andhra Court Fees and Suits
Valuation (Andhra Pradesh Amendment) Act, 1958 (Act IV of 1958).
Savings.
Enquiries by the
Collector.
Fee payable on
applications,
petitions.
Act No.VI of 1324 F.
Act No.VIII of 1317F.
22 [Act No. VIII of 1955]
32. No suit or other proceeding shall lie against the
Government or any person or in respect of anything which is
in good faith done or intended to be done under this Act.
33. Nothing in this Act shall in any way be deemed to affect
the application of the provisions of 19[the Telangana
Tenancy and Agricultural Lands 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. With effect on and from the date of vesting the
Hyderabad Enfranchised Inams Act, 1952, shall be deemed
to have been repealed.
35. (1) The Government may, subject to the conditions of
previous publication, make rules to carry out the purposes
of this Act.
(2) In particular and without prejudice to the generality
of the foregoing provision, such rules may provide for-
(a) all matters expressly required or allowed by this
Act to be prescribed;
(b) the proc edure to be followed by the Col lector.
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 cases for which no
specific provision in that behalf is made herein;
19. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Indemnity.
Savings.
Act XXI of 1950.
Repeal.
Power to make
rules.
[Act No. VIII of 1955] 23
(d) the application of the provision of the 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 Off icial Gazette and on such publication shall have
effect as if enacted in this Act.
36. (1) Any person who wilfully fails or neglects to comply
with any lawful order passed under this Act or contravenes
any such order or offers resistance or obstruction to the
taking by the Collector of charge or possession of any
property which has 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, be 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) shall be
instituted except with the previous sanction of the C ollector
of the District.
37. 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.
* * *
Penalties.
Power to remove
difficulties.