Local area acts for governance | Summaries Law

THE ANDHRA PRADESH (ANDHRA AREA) INAMS (ABOLITION AND

CONVERSION INTO RYOTWARI) ACT, 1956

(Act No. XXXVII of 1956)

In December 1955, the Government introduced the Madras

Estates Lands (Andhra Amendment) Bill, 1955 in the Legislative Assembly

for the Amendment of Section 3(2) (d) of the Madras Estates Land Act,

1908, with the object of enlarging the definition of ‘Estate’ under that Act

so as to cover certain marginal inams such as inam hamlets and inam

khandrigas. The Bill was referred to a select Committee, which had

made certain recommendations in regard to the provisions of the Bill.

The Government have carefully considered these recommendations and

have decided that the scope of the above Bill should be restricted to

inam khandrigas and inam hamlets in inam villages and that separate

legislation should be undertaken with a view to converting other inams in

inam villages as well as all inams in ryotwari and zamindari, villages into

ryotwari tenure. The present bill accordingly provides for the conversion

of all inam lands other than estates into ryotwari tenure.

The Bill provides that in the case of inam lands held by inamdars

other than religious, charitable and educational institutions in inam

villages, the tenant, if any, who was in occupation of the lands on the 7th

January, 1948 (the date on which the Madras Estates Land (Reduction of

Rent) Act, 1947 came into force, but who was subsequently evicted by or

at the instance of the Inamdar, or in the absence of such tenant, the

tenant, if any, in occupation of the land on the date of commencement

of the Act shall be entitled to a ryotwari patta in respect of two-thirds of

the land in his occupation, on his suffering the remaining one-third in

favour of the inamdar. The inamdar will be entitled to a ryotwari patta in

respect of the remaining one-third, such one-third share being deemed

to be the compensation payable to the inamdar for the extinguishments

of his rights in the two-thirds share of the land. The inamdar will also be

entitled to a ryotwari patta in respect of the land in his occupation on the

date of commencement of the Act provided that no tenant is entitled to

a ryotwari patta thereto on the ground of his having been in occupation

there of on the 7th January, 1948.

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THE ANDHRA PRADESH (ANDHRA AREA) INAMS (ABOLITION AND CONVERSION INTO RYOTWARI) ACT, 1956 (Act No. XXXVII of 1956) In December 1955, the Government introduced the Madras Estates Lands (Andhra Amendment) Bill, 1955 in the Legislative Assembly for the Amendment of Section 3(2) (d) of the Madras Estates Land Act, 1908, with the object of enlarging the definition of ‘Estate’ under that Act so as to cover certain marginal inams such as inam hamlets and inam khandrigas. The Bill was referred to a select Committee, which had made certain recommendations in regard to the provisions of the Bill. The Government have carefully considered these recommendations and have decided that the scope of the above Bill should be restricted to inam khandrigas and inam hamlets in inam villages and that separate legislation should be undertaken with a view to converting other inams in inam villages as well as all inams in ryotwari and zamindari, villages into ryotwari tenure. The present bill accordingly provides for the conversion of all inam lands other than estates into ryotwari tenure. The Bill provides that in the case of inam lands held by inamdars other than religious, charitable and educational institutions in inam villages, the tenant, if any, who was in occupation of the lands on the 7th January, 1948 (the date on which the Madras Estates Land (Reduction of Rent) Act, 1947 came into force, but who was subsequently evicted by or at the instance of the Inamdar, or in the absence of such tenant, the tenant, if any, in occupation of the land on the date of commencement of the Act shall be entitled to a ryotwari patta in respect of two-thirds of the land in his occupation, on his suffering the remaining one-third in favour of the inamdar. The inamdar will be entitled to a ryotwari patta in respect of the remaining one-third, such one-third share being deemed to be the compensation payable to the inamdar for the extinguishments of his rights in the two-thirds share of the land. The inamdar will also be entitled to a ryotwari patta in respect of the land in his occupation on the date of commencement of the Act provided that no tenant is entitled to a ryotwari patta thereto on the ground of his having been in occupation there of on the 7 th^ January, 1948.

2 - An Act to abolish and convert certain inam lands into ryotwari lands. Whereas it is expedient to abolish and convert certain inam lands into ryotwari lands: Be it enacted in the Seventh Year of the Republic of India as follows; 1. Short title, extent, application and commencement: (1) This Act may be called the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956. (2) It extends to the whole of the State of Andhra, but applies only to inam lands described in clause (c) of section 2. (3) It shall come into force at once. 2. Definitions:- In this Act, unless the context otherwise requires --- (a) “Collector” means the Collector of a District; (b) “Government” means the State Government; (c) “Inam land’ means any land in respect of which the grant in inam has been made, confirmed or recognized by the Government, but does not include an inam constituting an estate under the Madras Estate Land Act, 1908 (Madras Act 1 of 1908); (d) “Inam village” means a village designated as such in the revenue accounts of the Government. (e) “Institution” means a religious, a charitable or an educational institution. (f) “Prescribed” means prescribed by rules made under this Act; (g) “Revenue Court” means the Court of the Revenue Divisional Officer having jurisdiction over the area in which the inam lands are situate; (h) “Ryotwari village” means a village designated as such in the revenue accounts of the Government; (i) “Settlement” includes resettlement; (j) “Tahsildar” means the Tahsildar having jurisdiction over the area in which the inam lands are situate and includes a Deputy Tahsildar in charge of the taluk or sub-taluk in which the inam lands are situate and an officer of the Revenue Department not lower in rank than a Deputy Tahsildar empowered by the Government in this behalf; (k) “Zamindari village” means a village designated as such in the revenue accounts to the Government.

 Failure of Inam Tahsildar to publish notice u/s 3 – his decision under the Act is nullity and without jurisdiction. 3(2) Before holding such enquiry, Tahsildar shall cause to be published in the village or town where the inam lands are situate a notice in the prescribed manner requiring every person or institution claiming an interest in any such inam land, to file before him, a statement of particulars in respect of items (i)(ii)(iii) in sub-section (1) within the prescribed time. Notices u/s 3(2) have to be issued but they need not be served individually. 3(3) The Tahsildar shall thereafter give the persons or institutions concerned a reasonable opportunity of adducing any evidence in support of their cases and may also examine any relevant document in the possession of the Government and give his decision in writing in regard to items (i)(ii)(iii) in sub-section (1) and communicate the decision to the person or institutions. 3(4) Any person or institution aggrieved by a decision of the Tahsildar under 3(3) may appeal to the Revenue Court within 60 days from the date of communication of the decision. When there is no express exclusion in the Act nor is there any prohibition imposed for entertaining appeal under section 3(4) of the Act beyond the period of limitation, petition for condonation of delay in filing appeal is maintainable. The appellate authority has no jurisdiction to hold a suo motu enquiry when the order of the Tahsildar was not appealed from. 3(5) The decision of the Revenue Court under sub-section (4), and in case no appeal is filed, the decision of the Tahsildar under sub-section (3) shall be final. 3(6) Every decision of the Revenue Court under sub-section (4) and if no appeal is filed within the period specified in sub- section (4) every decision of the Tahsildar under sub- section (3), shall as soon as possible, be published in the District Gazette, and in such other manner as may be prescribed. 3(7) Every decision of the Revenue Court, and subject to such decision, every decision of the Tahsildar under this section, shall be binding on all persons and institutions claiming an interest in any such inam lands notwithstanding that such persons or institutions have not filed any application or statement, or adduced any evidence or appeared or participated in the proceedings before the Tahsildar or the Revenue Court, as the case may be.

Notes..  The order of Tahsildar under Section 7 also becomes a nullity when the Tahsildar under suo-motu enquiry giving only the public notice contemplated under 3(3) but without giving individual notices to concerned persons under 3(5).  The obligation on the part of the Tahsildar to give individual notices to the persons interested under the law under rule 3(5) of the Rules will arise only when he comes to know of the interestedness of the people by some method or other but not otherwise. (2001 ALT 281, AIR 2001 AP 210, 2001(1) ALD 134)  The Correctness of the order under Section 3 can not be questioned in proceedings under Section 7.

4. Conversion of inam lands into ryotwari lands:- 1) In the case of an Inam land in a ryotwari or zamindari village the person or institution holding such land as inamdar on the date of commencement of this Act shall be entitled to a ryotwari patta in respect thereof. 2) In the case of an Inam land in an inam village: a. If such a land is held by any institution on the date of commencement of this Act, such institution shall be entitled to a ryotwari patta in respect of that land; Section 5 and 6 are related to tenants 7. Grant of ryotwari pattas:- 1) As soon as may be after commencement of this Act and subject to the provisions of sub-section (4), the Tahsildar may suo-motu and shall, on applications by a person or an institution, after serving a notice n the prescribed manner on all the persons or institutions interested in the grant of ryotwari pattas in respect of the inam lands concerned and after giving them a reasonable opportunity of being heard … 2) Any person or institution aggrieved by the grant of a ryotwari patta by the Tahsildar under sub-section (1) may appeal to the Revenue Court within sixty days from the date of such grant, and the Revenue Court may, after giving the parties to the appeal a reasonable opportunity of being heard pass such orders on the appeal as it thinks fit.

THE ANDHRA PRADESH (TELANGANA AREA) ABOLITION

OF INAMS ACT, 1955

The Act provides for abolition of all Inams other than village service inams and inams held by religious and charitable institutions in Telangana districts of Andhra Pradesh and giving adequate compensation for the lands resumed from the Inamdars. It also allows retention by the Inamdar as well as his tenents of lands under their personal cultivation to the extent of the maximum allowed under the Hyderabad tenancy and agricultural lands Act, 1950. The provisions of the Act have been enforced in two phases with the two different dates, firstly abolition and vesting inams in the state was on 20.07.1955 and rest of provisions such as conferring occupancy rights etc., is from 01.11.1973. The Collector is competent to decide the cases under the Act. (The RDOs have been empowered to discharge the functions of Collector by G.O. Ms.No. 1122 dt.20.8.75). Any person aggrieved by the order of Collector under Section 10 can appeal to the Board of Revenue and under Section 19,20,21, may appeal to Spl. Tribunal. Further a revision on the orders of Collector or Spl. Tribunal also lies to the High Court. It is further submitted that the Government have amended the words “District Collector” in place of “Board of Revenue” in Sub-Rule (1) of Rule 18 of the AP (T.A) Abolition of Inam rules 1975, vide G.O. Ms. No. 663 Rev (F) Dept., dated 1.6.1977. The Government further issued another amendment reserving the subject “The A.P. (TA) Abolition of Inam Act 1955” to the Joint Collector after deleting the same from the Collector vide G.O.Ms.No. 818, Rev. (Ser.I) Dept., dated 06.09.1990. In view of the above Rule Position, the Commissioner, Appeals has no jurisdiction to entertain any orders passed under Section 24(1) of the AP (TA) Abolition of Inam Act 1955.

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THE ANDHRA PRADESH (TELANGANA AREA) ABOLITION

OF INAMS ACT, 1955