LexThe Telangana Atiyat Enquiries Act, 1952.
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Open in Lexace · Ask the AI about this actTHE TELANGANA ATIYAT ENQUIRIES ACT, 1952.
(ACT NO. X OF 1952.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
GENERAL PROVISIONS AS TO ATIYAT GRANTS
3. Continuance of Atiyat Grants.
3-A. Enquiries as to Atiyat Grants.
4. Enquires as to Atiyat Grants in Jagirs.
5. Consequences of breach of conditions of
Munthaqab or Vasiqa.
6. Prohibition of alienation or encumbrance and
exemption of attachment by a Court.
7. Succession.
CONSTITUTION OF ATIYAT COURTS, THEIR
JURISDICTION AND PROCEDURE
8. Classes of Atiyat Courts.
9. Investure of powers.
10. Jurisdiction and procedure of Atiyat Courts.
11. Appeals.
MISCELLANEOUS
12. Decision of Civil Courts to prevail on questions of
succession, legitimacy, etc.
13. Finality of decision of the Atiyat Court and of
certain other decisions.
13-A. Powers of Atiyat Courts when holding enquiries
under this Act.
2 [Act No. X of 1952]
14. Rules.
15. Repeal.
16. Savings.
Schedule.
THE TELANGANA ATIYAT ENQUIRIES ACT, 1952.1
ACT NO. X OF 1952.
1. (1) This Act may be called 2[the Telangana Atiyat
Enquiries Act, 1952].
(2) It extends to the whole of 2[the State of Telangana].
(3) It shall come into force on such date as the
Government may, by notification in the 3[Official Gazette ]
appoint in this behalf.
2. (1) In this Act unless there is anything repugnant in the
subject or context—
(a) “Atiyat Court ” means a Court or authority
competent to make Atiyat enquiries and enquiries as to
claims to succession to and any right, title or interest in
Atiyat grants and matters ancillary thereto;
4[(b) “Atiyat grants” mean—
1. The Andhra Pradesh (Telangana Area) Atiyat Enquiries Act, 1952
(Act No. X of 1952) applicable to the whole of the Telangana area of the
State of Andhra Pradesh and 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 for the word “Jarida” by the A ndhra Pradesh Adaptation
of Laws Order (A.P.A.O.), 1957.
4. Clause (b) substituted by Act XXVIII of 1956.
Short title, extent
and
commencement.
Definitions.
2 [Act No. X of 1952]
(i) in the case of jagirs abolished under 5[the
Telangana (Abolition of Jagirs) Regulation, 1358F. ] the
commutation sums payable in respect thereof under 5[the
Telangana Jagirs (Commutation) Regulation, 1359 F.];
(ii) inams to which 5[the Telangana Abolition of
Inams Act, 1954] is not applicable;
(iii) in the case of inams abolished under 5[the
Telangana Abolition of Inams Act, 1954] the compensation
payable under that Act;
(iv) cash grants to wh ich 6the Hyderabad Abolition
of Cash Grants Act, 1952 (XXXIII of 1952) is not applicable;
(v) Cash grants temporar ily continued under 6the
Hyderabad Abolition of Cash Grants Act, 1952 (XXXI II of
1952);
(vi) in the case of cash grants a bolished under 6the
Hyderabad Abolition of Cash Grants Act, 1952 (XXXIII of
1952), sub ject to payment of compensation, the
compensation payable in respect thereof;]
(c) “Muntakhabs and Vasiqas” means documents
issued by competent authorities as a result of Inam or
succession enquiries held under the Dastoor -ul-Amal Inams
or other Government orders on the subject and issued by
way of continuance or confirmation of Atiyat grants;
(d) “Holding an Atiyat grant ” means the enjoyment of
the Atiyat grant on the basis of a Muntakhab, a Vasiqa or
any order of a competent authority;
5. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
6. Repealed by A.P. Act XIV of 1959.
Regulation LXIX of
1358 F.
Regulation XXV of
1359 F.
Act VIII of 1955.
Act VIII of 1955.
[Act No. X of 1952] 3
(e) “Holder of an Atiyat grant” means a person or
institution actually holding the Atiyat grant;
7[(f) [XXX]]
(g) “prescribed” means prescribed by rules made
under this Act.
(2) Words and expressions used in this Act but not
defined therein shall have the meanings assigned to them in
8[the Telangana Land Revenue Act, 1317F.]
General Provisions as to Atiyat Grants.
9[3. All Atiyat grants shall, subject to the provisions of 8[the
Telangana (Abolition of Jagirs) Regula tion, 1358F.],10the
Hyderabad Abolition of Cash Grants Act, 1952 (XXXIII of
1952) and 8[the Telangana Abolition of Inams Act, 1954],
continue to be held by the holders thereof subject to the
conditions laid down in the Muntakhabs or Vasiqas, if any,
relating thereto and to the provisions of this Act.
3-A. (1) In the case of Atiyat grants specified in sub -clause
(i) of clause (b) of sub -section (1) of section 2, Atiyat
enquiries and enquiries as to any right, title or interest
therein shall, notwithstanding anything contained in 8[the
Telangana (Abolition of Jagirs) Regulation, 1358 F.], be held
in Atiyat Courts in accordance with the provisions of this Act,
and in the course of such enquiries, Atiyat Courts shall also
be competent to enquire into claims to succession arising in
respect of such grants:
7. Clause (f) omitted by Act XXVIII of 1956.
8. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
9. Section 3 and 3A substituted by Act XXVIII of 1956.
10. Repealed by A.P Act XIV of 1959.
Act VIII of 1317 F.
Act VIII of 1955.
Enquires as to
Atiyat grants.
Regulation LXIX of
1358 F.
Continuance of
Atiyat Grants.
Regulation LXIX of
1358 F.
4 [Act No. X of 1952]
Provided that claims to succession arising after the
completion of Atiyat inquiry of any such grant shall not be
entertained in any Atiyat Court and all such claims shall be
filed in and decided by the competent Civil Court.
(2) In the case of Atiyat grants specified in sub -clauses
(ii) to (vi) of clause (b) of sub -section (1) of section 2, all
Atiyat enquiries, enquiries as to claims to su ccession to, or
any right, title or interest therein and matters ancillary
thereto shall be held in Atiyat Courts in accordance with the
provisions of this Act.]
4. Notwithstanding anything contained in section 3,
continuance of Atiyat grants in the erstwhile Jagir areas or
granted by erstwhile Jagirdars shall be subject to inquiries
made for that purpose and for confirmation in accordance
with rules made under this Act.
5. For the breach of the conditions contained in any
Muntakhab or Vasiqa relating to an Atiyat grant or for other
sufficient cause, the Government after giving an opportunity
to the holder of the Atiyat grant to be heard, may by order
resume the grant or modify the terms and conditions
specified in any Muntakhab or Vasiqa relating thereto or
pass such other orders in respect of the Atiyat grant as
Government may think fit.
6. Atiyat Grants shall not be liable to be transferred or
encumbered in any manner or to any extent whatsoever and
it shall not be lawful for any court to attach or sell any Atiyat
grant or any portion or share thereof:
Provided that half the income of the Atiyat grant shall
be attachable in execution of a decree through the Revenue
Department.
Enquires as to
Atiyat Grants in
Jagirs.
Consequences of
breach of
conditions of
Muntakhab or
Vasiqa.
Prohibition of
alienation or
encumbrance and
exemption of
attachment by a
Court.
[Act No. X of 1952] 5
7. Subject to the provisions of this Act, succession to
Atiyat grants shall, after the commencement of this Act, be
regulated by the personal law applicable to the last holder.
Constitution of Atiyat Courts, their jurisdiction
and procedure.
8. Notwithstanding the provisions of any law for the time
being in force, there shall be the following classes of Atiyat
Courts:—
(a) Atiyat Deputy Collectors;
(b) Atiyat Collectors;
(c) Nazim Atiyat; and
(d) Board of Revenue;
11[Provided that the Government may, by notification in
the Official Gazette, appoint the date on which the Court of
Nazim Atiyat shall cease to exist and as from that date
(hereinafter referred to as the appointed date), the Courts
mentioned in clauses (a), (b) and (d) shall be the classes of
Atiyat Courts.
Explanation:- The Court of Atiyat Deputy Collector
includes the Court of Atiyat Assistant Collector.]
9. Government may, by notification in the 12[Official
Gazette], invest any officer 13[or authority] with the powers of
11. Inserted by Act XXVIII of 1956.
12. Substituted for the words “Jarida” by the A.P.A.O., 1957.
13. Inserted by Act XXVIII of 1956.
Succession.
Classes of Atiyat
Courts.
Investure of
powers.
6 [Act No. X of 1952]
any Atiyat Court mentioned in 14[XXX] section 8, specifying
the area within which the powers may be exercised.
10. 15[(1)] The original Jurisdiction of Atiyat Courts shall be
regulated in the manner specified in the Schedule and the
procedure thereof including the time within which and the
manner in which appeals may be filed against their
decisions under this Act shall be such as may be
prescribed.
15[(2) All original cases pending in the Court of Nazim
Atiyat on the appointed date shall be transferred to the
Court of the concerned Atiyat Collector, and all original
cases pending on that date in the Court of Atiyat Collector
which as from that date fall within the jurisdiction of the
Atiyat Deputy Collect or shall be transferred to the Court of
the concerned Atiyat Deputy Collector, and on such transfer,
the Atiyat Collector or the Atiyat Deputy Collector, as the
case may be, shall dispose of such cases as if they had
been filed in his own Court. If the Atiyat grant involved in any
such case falls within the jurisdiction of the Court of more
than one Atiyat Collector or Atiyat Deputy Collector, as the
case may be, the Board of Revenue shall determine the
Court of the Atiyat Collector or Deputy Collector to w hich
such case shall be transferred. The order of the Board of
Revenue in this behalf shall be final and no appeal or
revision shall lie therefrom].
16[11. (1) From the original decision of—
(a) an Atiyat Deputy Collector, an appeal shall lie to
the Atiyat Collector;
14. The reference “clause (a), (b) or (c) ” was omitted by Act
XXVIII of 1956.
15. Section 10 was renumbered as sub -section (1) thereof and sub -
section (2) was inserted by ibid.
16. Section 11 substituted by Act XXVIII of 1956.
Jurisdiction and
procedure of
Atiyat Courts.
Appeals.
[Act No. X of 1952] 7
(b) an Atiyat Collector, an appeal shall lie, to the
Nazim Atiyat before the appointed date, and as from that
date to the Board of Revenue;
(c) the Nazim Atiyat, an appeal shall lie to the Board
of Revenue.
(2) Before the date of the publication of the Hyderabad
Atiyat Enquiries (Amendmen t) Act, 1956, in the Official
Gazette, from the appellate decision of an Atiyat Collector,
an appeal shall lie to the Nazim Atiyat and from an appellate
decision of the Nazim Atiyat to the Board of Revenue whose
decision shall be final.
(3) As from the date referred to in sub -section (2), the
appellate decision of an Atiyat Collector, whether passed
before or after that date, shall be final and no further appeal
or revision shall lie therefrom:
Provided that nothing in this sub -section shall be so
construed as to affect in any way any appeal pending on
that date in the Court of the Nazim Atiyat or the Board of
Revenue, and such appeal shall be continued and disposed
of and the decisio n passed therein shall be final and no
further appeal or revision shall lie therefrom.
(4) All appeal cases pending in the Court of the Nazim
Atiyat on the appointed date, shall be transferred to the
Board of Revenue and on such transfer the Board of
Revenue shall dispose of such cases as if they had been
filed in the Board of Revenue. The decision of the Board of
Revenue shall be final and no appeal or revision shall lie
therefrom.]
8 [Act No. X of 1952]
Miscellaneous.
12. 17[(1)] In so far as questions of succession, legitimacy,
divorce or other questions of persona l law are concerned,
the final decision of a Civil Court shall be given effect to by
the Atiyat Court established under this Act on the decisi on
being brought to its notice by the party concerned or
otherwise irrespective of whether the decision of the Atiyat
Court was given before or after the decision of the Civil
Court.
17[(2) If in the course of any enquiry as to claims to
succession, any dispute arises involving questions of
succession, legitimacy, divorce or other questions of
personal law, the Atiyat Court shall direct the parties to get
the disp ute decided in the compe tent Civil Court. On the
production of the final decision of the Civil Court, the Atiyat
Court shall give effect to such decision.]
13. (1) Except as provided in this Act, the decision of an
Atiyat Court shall be final and shall not be questioned in any
Court of Law.
(2) The orders passed in cases relating to Atiyat Grants
including Jagirs on or after the 18th September, 1948 and
before the commencement of this Act by the Military
Governor, the Chief Civil Administrator or the Chief Minister
of Hyderabad or by the Revenue Minister by virtue of
powers given or purporting to be given to him by the Chief
Minister shall be deemed to be the final orders validly
passed by a competent author ity under the law in force at
the time when the order was passed and shall not be
questioned in any court of law.
17. Section 12 was renumbered as sub -section (1) thereof and
sub-section (2) was inserted by Act XXVIII of 1956.
Decision of Civil
Courts to prevail
on questions of
succession,
legitimacy, etc.
Finality of
decision of the
Atiyat Court and
of certain other
decisions.
[Act No. X of 1952] 9
18[13-A. Every Atiyat Court shall, when holding an
enquiry under this Act, hav e the same powers as are vested
in a Civil Court under the Code of Civil Procedure, 1908
(5 of 1908), in respect of the following matters, namely:—
(a) enforcing the attendance of any person and
examining him on oath;
(b) compelling the produc tion of documents and
other material objects;
(c) issuing commissions for examination of
witnesses;
(d) such other matters as may be prescribed;
and every enquiry or investigation by an Atiyat Court shall
be deemed to b e a judicial proceedings within the meaning
of sections 193 and 228 of the Indian Penal Code, 1860 (45
of 1860)].
14. Government may make rules for carrying out the
purposes of this Act and in particul ar for anything which
may be prescribed under this Act.
15. Dastur-ul-Amals, Inams and Circular No. 10 of 1338
Fasli and all other circulars amending or supplementing the
same are hereby repealed:
Provided that-
(a) any rule, order or notification made or issued under
the circulars hereby repealed in so far as it is not
inconsistent with the provisions of this Act shall be deemed
18. Inserted by Act XXVIII of 1956.
Powers of Atiyat
Courts when
holding enquires
under this Act.
Rules.
Repeal.
10 [Act No. X of 1952]
to have been made or issued under this Act and shall
continue to be in force until it is superseded thereunder;
(b) all suits, appeals and applications pending
immediately before the commencement of this Act before an
Atiyat Court or before the Atiyat Appeal Committee 19[shall,
until such time as no procedure is prescribed therefor under
this Act, be continued and disposed of as if this Act, had not
been passed ] and on such procedure being prescribed,
they shall, notwithstanding anything contained in 20[the
Telangana (Abolition of Jagirs) Regulation, 1358 F.] or any
other law for the time being in force, be continued and
disposed of in accordance with such procedure as if they
had been filed under this Act]; but such cases may be heard
and disposed of by the same Court or Committee before
whom they are pending immediately before the
commencement of this Act or by any other Atiyat Court or
authority appointed for the purpose by the Government by a
general or special order.
21[16. The provisions of this Act, shall cease to be
applicable—
(a) to an Atiyat grant specified in sub -clause (i) of
clause (b) of sub -section ( 1) of section 2 when the
commutation sum has ceased to be payable;
(b) to an Atiyat grant specified in sub -clause (iii) of
clause (b) of sub -section ( 1) of section 2, when the
compensation has ceased to be payable;
19. Substituted for the words “shall be continued and disposed of as if
this Act had not been passed” by Act XXVIII of 1956.
20. Adapted by G.O.Ms.No.46, Law (F) Department, dated. 01.06.2016.
21. Section 16 substituted by Act XXVIII of 1956.
Regulation LXIX of
1358 F.
Savings.
[Act No. X of 1952] 11
(c) to an Atiyat grant specified in sub -clause (v) of
clause (b) of sub -section (1) of section 2, when such grant
has ceased to continue;
(d) to an Atiyat grant specified in sub -clause (vi) of
clause (b) of sub-section ( 1) of section (2), when the
compensation has ceased to be payable].
12 [Act No. X of 1952]
22[SCHEDULE.
Original Jurisdiction of Atiyat Courts.
Description
of Atiyat
grant.
ATIYAT DEPUTY
COLLECTOR
ATIYAT COLLECTOR NAZIM
ATIYAT
Before the
appointed
date.
As from the
appointed
date.
Before the
appointed
date.
As from the
appointed
date.
Before the
appointed
date.
(1) (2) (3) (4) (5) (6)
1. Atiyat
grants
other
than
cash
grants.
2. Cash
grants.
Total
annual land
assessment
up to
Rs.250.
Upto Rs.
100
annually.
Total annual
land
assessment
up to
Rs. 5,000.
Up to Rs.
1,000
annually.
Beyond the
powers of
Atiyat
Dy.Collector
up to an
annual land
assessment
of Rs. 5,000.
Beyond the
powers of
Atiyat Dy.
Collector up
to Rs. 1,000
annually.
Beyond
the
powers of
Atiyat Dy.
Collector
without
any limit.
Beyond
the
powers of
Atiyat
Deputy
Collector
without
any limit.
Beyond the
powers of
Atiyat
Collector
without any
limit.
Beyond the
powers of
Atiyat
Collector
without any
limit.]
* * *
22. Schedule substituted by Act XXVIII of 1956.