Download as pdf or txt
Download as pdf or txt
You are on page 1of 14

ANDHRA PRADESH (TELANGA AREA) JAGIRS (COMMUTATION)...

1 of 14

http://apland.ap.nic.in/cclaweb/scan acts/jagirs regulation.htm

The AP TA Jagirs Commutation Regulation


Back to Acts

ANDHRA PRADESH (TELANGA AREA) JAGIRS (COMMUTATION) R EGU L AT IO N ,


1359 F.

[Regulation No. XXV of 1359 F.)

[25th January, 1950]


Whereas it is expedient to provide for the termination of the interim allowance payable under 2[the Andhra

Pradesh (Telangana Area) (Abolition of Jagirs) Regulation, 1358 F.] and for the determination of the terms
of commutation of Jagirs:

Now, Therefore, in exercise of the authority vested in me for the administration of the 3[Telangana area of

the State of Andhra Pradesh] and of all other powers enabling me in this behalf, 1 hereby make the
following Regulation:
1.

Short title and commencement:


This Regulation may be called 1the Andhra Pradesh (Telangana

(1)

Area) Jagirs (Commutation) Regulation, 1359-F.]


(2)
4

It shall come into force from the date of its publication in the

[Officia! Gazette].

2.

Definitions:

In this Regulation unless there is anything repugnant in the subject or context


(a)

' Jam i yiat Jagi r" m eans a Jagi r which has b een or m ay b e

recognised by Government to Jamiyat Jagir for the purposes of


this Regulation, in accordance with sanad, Muntakhab, Vasiqa

or Order of competent authority relating thereto used under the


Atiyat Law for the time being in force.]
(b)

"p rescri b ed " m ea ns p re scri b ed b y rul es m ad e und er thi s

Regulation;
(c)

"said Regulation" means 2[the Andhra Pradesh (Telangana Area)


(Abolition of Jagirs) Regulation, 1358-F.]

(d)

words and expressions defined in Section 2 or Section 7 of the

s ai d R egul a ti on sha l l have the m ea ni ng as si gne d to them


therein.

CASE LAW
Sections 2(d), 3 and 4 and A.P. (T.A.) Abolition of Jagirs Regulations, 1358F., Sec. 2(f) - Scope of -

Meaning of 'gross revenue' - Basis of computation sum to which a Jagirdar would be entitled. The

entirety of the land revenue among other things have to be taken into account. State of A.P. vs.

Bheemsena Rao, 1960 (2) An.WR 297.

--1. Published in the Extraordinary Official Gazette No. (29) dated 25th January, 1950.
2.
3.

Subs. for the original short title by A.P. Act IX of 1961.

The words "Telangana Area of the State of Andhra Pradesh" were subs, for the words

"Hyderabad State" by the A.P.A.O. 1957 and these words were subs, for the words

11/25/2013 10:21 AM

ANDHRA PRADESH (TELANGA AREA) JAGIRS (COMMUTATION)...

2 of 14

http://apland.ap.nic.in/cclaweb/scan acts/jagirs regulation.htm

"Hyderabad area of the State of Andhra Pradesh" by A.P. Act IX of 1961.

4. Subs. for the word "Jarida" by the A.P.A.O. 1957.


5.

Subs. by Hydderabad Act 51 of 1956.


---

11/25/2013 10:21 AM

ANDHRA PRADESH (TELANGA AREA) JAGIRS (COMMUTATION)...

3 of 14

http://apland.ap.nic.in/cclaweb/scan acts/jagirs regulation.htm

The Jagirdars of the state, whatever be the words used in their original sanads, did not have heritable

estates and eaeh had a life tenure, which was inalienable during his life without proper sanction. The
powers of the ruler regarding such estates were absolute and uncontrolled by any legal limitations. ILR

1954 Hyd. 713 = AIR 1954 Hyd. 227.

3. Calculation of commutation sum:


The commutation sum for everyjagir shall be the sum resulting from the multiplication of the basic

annual revenue of the jagir calculated in accordance with Section 4 by the figure specified in the
appropriate entry in the second column of the annexed table:

Provided that for any jagir for which the commutation sum so calculated would be less than the

alternative sum specified in the appropriate entry in the third column of the annexed table the
commutation sum be shall the alternative sum so specified.
SI. No.

Basic annual revenue

Figure by

which to be
multiplied

(1)

(2)

(3)

Alternative
sum

(4)
Rs.

1.

Rs. 2,000 or less

30

2.

More than Rs. 2,000 but not

25

60,000

3.

More than Rs. 5,000 but not

20

1,25,000

4.

More than Rs. 25,000 but not

17'/2

5,00,000

5.

More than Rs. 50,000 but not

15

8,75,000

12 1/2

15,00,000

10

25,00,000

6.
7.

more than Rs. 5,000

more than Rs. 25,000


more than Rs. 50,000

more than Rs. 1,00,000

More than Rs. 1,00,000 but not

more than Rs. 2,00,000


More than Rs. 2,00,000

CASE LAW
Sections 3, 4 and 7 - Assessee an Ex-Jagirdar - Commutation amount receivable by him for

liquidation of his right in the Jagir. Is an asset includible in his netwealth. MirlmdadAliKhanvs.

Commissioner of Wealth Tax, AIR 1963 A.P. 486.

Sections 3 and 6 - Interim maintenance received by assessee till fixation of commutation amount

under A.P. (T.A.) Abolition of Jagir Regulations. It is income and liable to income tax. Payments

subsequent to 1-4-1950 towards commutation not liable to taxation. Raja Rameswara Rao vs.

Commissioner of I.T. AIR 1960 A.P. 42.

11/25/2013 10:21 AM

ANDHRA PRADESH (TELANGA AREA) JAGIRS (COMMUTATION)...

4 of 14

http://apland.ap.nic.in/cclaweb/scan acts/jagirs regulation.htm

4. Calculation of basic annual revenue:


(1)

The basic annual revenue of jagir shall be calculated as follows:


(a)

the gross basic sum shall first be ascertained in accordance

with sub-section (2);


(b)

in the case of a Jamiyiat Jagir the gross basic sum shall be

red uced b y 2 0 p er cent, and the sum resulting from thi s


reduction shall be the net basic sum;
(c)

60 per cent shall be deducted


(i) in the case of a jagir other than a Jamiyiat Jagir from the

gross basic sum, and (ii) in the case of a Jamiyiat Jagir from the net

basic sum,

and the sum resulting from this deduction shall be the

basic annual revenue.

(2) The gross basic sum shall be the average annual gross revenue
of the Jagir for the ten years opening with the year 1347-F. and

ending with the year 1356-F. '[less the deductions on account


of hissa sarkar, chowth, makasa, dharpatti and all other dues

of a like nature (other than pan, peshkush and haq-e-malikana)


payable annually by the Jagirdar to the government according
to the documents of title relating to the jagir]:

P r ovi d e d tha t whe r e a ny i te m s o f gro ss r e ve nue oth e r th a n excise revenue


are not ascertainable for all the said ten years, 2 [the average annual gross
revenue] shall be the average annual excise revenue for the said ten years plus the
average of other items of gross revenue for those of the years included in the said
ten years for which they are ascertainable:
1

[ Provi d ed furthe r tha t where the p arti cul ars req ui red for the

calculation of the average annual gross revenue are not available or


where

the p articulars

availab le

are,

in

the

op inion

of the

Jagi r A d m i nistrator, i ncorrect i n m ateri al resp ects, the average

annual gross revenue shall be calculated in such manner as may be prescribed.]


CASE LAW
Sections 4, 5 and 2 (d) - 'Gross Revenue' - Total realisations - Commutation amount -

Calculation of. State qfA.P.vs. Bhimsena Rao, 1960 (2) An.WR 297 = ILR 1961 fl JAP 339.
2

[5. "Determination of commutation sum, appeal and revision:

(1) (a) The commutation sum for every jagir shall be determined by an order passed by
the Jagir Administrator or by an officer authorised by him in that behalf.
--1.

Added by A.P. Act 18 of 1961 (w.e.f. 25-1-1950).

2. Subs. by A.P. Act 18 of 1991.


3. Added by ibid.

11/25/2013 10:21 AM

ANDHRA PRADESH (TELANGA AREA) JAGIRS (COMMUTATION)...

5 of 14

http://apland.ap.nic.in/cclaweb/scan acts/jagirs regulation.htm

---

11/25/2013 10:21 AM

ANDHRA PRADESH (TELANGA AREA) JAGIRS (COMMUTATION)...

6 of 14

http://apland.ap.nic.in/cclaweb/scan acts/jagirs regulation.htm

(b) If at any time after the determination of the commution sum under clause (a), the
Jagir Administrator or the officer authorised by him, as the case may be, is satisfie d

that the amount so determined was not correctly determined in respect of any
particulars and requires to be revised with reference to the terms of the documenis
of title which have since

become

available, he

may suo moto revise

the

commutation sum determined by him under clause (a), either by increasing or


decreasing it:

Provided that in case where such revision involves a decrease in the commutation sum

determined under clause (a), the person affected shall be given a reasonable opportunity of
making his representations.
(2)

Any person aggrieved by the determination of a commutation

sum under clause (a) or under clause (b) of sub-section (1) may,
within thirty days of the communication thereof to him appeal

against the same to the Board of Revenue; and the said Board

shall, after giving the appellant a reasonable opp ortunity of


being heard, either confirm such determination or revise it in
such manner as it thinks fit.
(3)

The Government may, in their discretion either suo motu at any

time, or on an application made to them within three months


from the date of the determination of the commutation sum, or

if such determination was made before the date of publication of


the Andhra Prad esh (T elangana Area) Jagirs (Com mutation)

Regulation (Amend ment) Act, 1 96 1, in the And hra Prad esh

Gazette, within three months from the date of such publication,

call for, and examine the records relating to any order passed or
p roce ed i ng tak en b y the Jagi r A d m i ni strator or an offi ce r

authorised by him or the Board of Revenue in the determination


of

the com m utati on sum , for the p urp ose of sati sfyi ng

themselves as to the legality or propriety of such order or the

determination of the commutation sum or as to the regularity of'

such proceed ing and pass such order in reference thereto as


they think, fit:

Provided that the Government shall not pass any order prejudicial to a person unless he has

had a reasonable opportunity of making his representation.


(4) T he

provisions

of sub-section

( 3)

shall

have

effect

notwithstanding anything in Section 6 of the Andhra Pradesh


(Teiangana Area) Board of Revenue Regulation,
(Regulation LX of 1358 F.).

1358 Fasli

(5) Save as provided in sub-sections (2) and (3), the determination


of commutation sum under this section shall be final and shall
not be called in question in any Court.]

11/25/2013 10:21 AM

ANDHRA PRADESH (TELANGA AREA) JAGIRS (COMMUTATION)...

7 of 14

http://apland.ap.nic.in/cclaweb/scan acts/jagirs regulation.htm

CASE LAW
Sections 5, 6 and 7 and also Section 23 - Scope of - Firman of 11th Ramzan, 1363-Hijri -Whether valid.

SahebzadaNawabAhmedeyar Jung vs. Sahebzada Nawab Himayat Nawaz Jung, 1960 (2) An. WR 530 = ILR
1961 (1) AP 665.
Section 5 and Regulation 10 (3) - "Hissadar" and "Jagir" - Meaning of -Persons entitled to

compensation deposited - Atiyat property - Mohammadan law - Applicability. Mushtaq Hussain vs. Syed

Hassan, 1959 (2) An.WR 487.


6.

D istri b uti on of com m utati on sum :

The commutation sum for every jagir shall be distributable between the Jagirdar and Hissedars in the like

proportions as the net income was distributable under Section 11 of the said Regulation, and where under
Section 12 of the said Regulation the share of the net income payable to a Jagirdar or Hissedar was subject to

deduction on account of any maintenance allowance, the share of the commutation sum payable to such
Jagirdar or Hissedar shall be subject to a deduction bearing to that share the same proportion as the

deduction made under Section 12 of the said Regulation bore to the share of the net income payable to the
person concerned.

CASE LAW
Abolition of Jagir - Commutation sum payable to Jagirdar - Whether Atiyat or personal property. Whether

descends to his heirs according to personal law. Determination of paying capacity of Jagirdar for purposes of
Debt Settlement Act. Entire commutation amounts to be taken into account. Extent to which it is available for
paying debts of creditors should be determined at the time of execution of award.

LaiitaPrasadvs.AshgarunnisaBegum, 1963(1)ALT352=AIR1964AP7(FB) [1957 ALT 235 - approved].


7. P a ym e nt

of com m utati on

al lowances:

sum ;

cessation

of interim

(1) The appropriate share of the commutation sum shall be payable


to every person entitled to participate in the distribution thereof

in such form and manner and at such time or times and in such
number of instalments as may be prescribed:

Provided that if at the time prescribed for the payment of any such share or instalme nt the

person entitled to receive payment of the sum is in dispute, the amount of the share or
instalment shall be deposited with the prescribed authority in the prescribed manner and
subject to the prescribed conditions.

(2) T he p a ym e nt to a Jagi rd ar or H i ss ed a r of hi s ap p rop ri ate


share in the commutation sum of the Jagir shall constitute the

final commutation as from the 1st April, 19 50, of his rights in the
jagir and if any p aym ent b y way of an interim maintenance

allowance under the said Regulation is made in respect of a

period the whole or part of which is subsequent to the said date,


the a m o u nt of s uc h p a ym e n t o r , a s the c a s e m a y b e , th e

11/25/2013 10:21 AM

ANDHRA PRADESH (TELANGA AREA) JAGIRS (COMMUTATION)...

8 of 14

http://apland.ap.nic.in/cclaweb/scan acts/jagirs regulation.htm

appropriate proportion of such amount shall be recovered from the recipient thereof by
deduction from the first payment made to him on account of his share in the commutation sum
for the jagir.
l

[(S) All amounts provisionally paid to a Jagirdar,. Hissedar or Guzarayab from 1st April, 1950,

towards the commutation sum of a Jagir pending the determination of commutation sum under

Section 5, shall be adjusted by deduction from the total commutation sum due to him, and any
amount which cannot be so adjusted shall be recoverable from him as if it were an arrear of land
revenue.]

CASE LAW
Pakistan national a Jagirdar of erstwhile Hyderabada State. Collection of commutation amount due by

agent. Property declared not as evacuee property. Such a person has a legal right to receive the amount.
Protection given under Art.31(l) of the Constitution available. Fadirurmisa Begum us. Custodian of

Evacuee Property, 1960 ALT 98.

Sections 7, 3 and 4 - Scope of - Basic annual revenue and net income-Distinction. Principles

governing fixation of commutation amount pointed out. Tut/a Rai us Jagir Administrator, 1958 (1) An. WR 534.
l

8. Recovery of amounts due to Government from the Jagirdar or Hissedar:

Notwithstanding anything in sub-section (2) of Section 6 of the said Regulation, any amount

recoverable on account of a loan granted by the Government to a Jagirdar or Hissedar, or any other
amount including arrears of hissa sarkar, chowth, makasa, dharpatti, pan, Peshkush, haqe-e-

malikana and other dues payable by him to the Government may be recovered by deduction from any
amount due to him under this Regulation towards his share in the commutation sum for the jagir.]
9. Restriction on alienation and attachment:
The share of a Jagirdar or Hissedar in the commutation sum for a jagir, and the maintenance

allowance of a Guzarayab, shall be inalienable save with the previous sanction of the Government, and not

more than one half of such share or allowance shall be liable to attachment and sale in any one year of
account in execution of a decree.

CASE LAW
Scope of - Judgment debtor can waive the benefit enforced on him by Sec. 9. Jagir Administrator vs.

Gulam Ahmed Khan, 1966 (1) An.WR 64.

Effect - The commutation amount is an Atiyat grant to be held by Jagirdar subsequent of the terms

under which it was previously held if any. But succession thereto is to be regulated by the personal
law applicable to him.

--1. Subs. by A.P. Act 18 of 1961 (w.e.f. 25-1-1950).


---

11/25/2013 10:21 AM

ANDHRA PRADESH (TELANGA AREA) JAGIRS (COMMUTATION)...

9 of 14

http://apland.ap.nic.in/cclaweb/scan acts/jagirs regulation.htm

MostqfayarKhanus.AsghiarannisaBegum, 1957 ALT 235 =1958(1) An.WR 192 [1952 (2) MLJ 243
unreported Judgment - referred to].
1

[10. Special provision for jagirs granted for the support or service of religious and charitable
institutions:

(1) The provisions of this Regulation shall apply, so far as may be,
to any jagir granted
(a)

in the name or for the support of any religious or charitable


institution; or

(b)

to any person for the purposes of any service or charity, such

service or charity being of a public nature connected with any


religious or charitable institution.

(2) T he Governm ent shall p ay to the institution every year

com mencing from the 1 st April, 1 950 for the service of the
institution, so long as it exists

(i) in the case mentioned in clause (a) of sub-section (1), an amount equivalent to 90
per cent of the gross basic sum referred to in Section 4 ; and

(ii) in the case mentioned in Clause (b) of sub-section (1) an amount equivalent to 50
per cent of the gross basic sum referred to in Section 4.

The person referred to in Clause (b) of sub-section (1) shall thereupon stand release of the

liability to render any service or charity, but shall be entitled to receive a commutation sum as
may be determined under this Regulation.

(3) The application of the amounts paid to a religious or charitable


i nsti tuti on und er sub - secti on ( 2 ) shal l b e effected i n such
manner as may be prescribed.
E xp l anati on: In this section:
(a)

' religious institution' m eans any religious estab lishm ent

such as tem ple, shrine, m osq ue, d arga or the like with a
specific location and known address which is dedicated to,
or used as of right by, the general public or any community
or section thereof as a place of public religious worship;
(b)

'charitable institution' means any charitable establishment,

with a specific location and known address which is dedicated


to, or for the benefit of, or used as of right by, the general
public or any community or section thereof, for any pious,
charitable or philanthropic purpose.]
1

[10-A.Continuance of the payment of commutation sum in certain cases:

Notwithstanding any thing in this Regulation the Government may grant 2 [to a Jagirdar, Hissadar,

Guzarayab whose share in the

--1.

Subs. by A.P. Act 18 of 1961 (w.e.f. 25-1-1950).

2.

Ins. by A.P. Act 4 of 1966 (w.e.f. 25-1-1950).

11/25/2013 10:21 AM

ANDHRA PRADESH (TELANGA AREA) JAGIRS (COMMUTATION)...

10 of 14

http://apland.ap.nic.in/cclaweb/scan acts/jagirs regulation.htm

---

11/25/2013 10:21 AM

ANDHRA PRADESH (TELANGA AREA) JAGIRS (COMMUTATION)...

11 of 14

http://apland.ap.nic.in/cclaweb/scan acts/jagirs regulation.htm

commutation sum payable for the Jagir did not exceed Rs. 10,000 and who ceased to receive any
payment of such share for the period commencing on and from the 1st April, 1960] a sum equivalent

to the commutation sum payable for the year ending one the 1st April, 1960 or a sum of Rs. 25 per

mensem, whichever is less, in each of the cases specified in column (1) of the Table below, during the
period mentioned in column (2), namely:

TAB LE

(1)
(2)

(1)

Where the age of the person


whether male or female, was

not less than 60 years on


the 1st day of April, 1960.
(2)

Whre the age of the person

was less than 60 years on

the 1st day of April, 1960(i) In the case of a male, or an unmarried woman, if the person is incapable of earning a livelihood
on account of being blind, deaf, dumb and mute, m e nta l l y d eranged , crippled or paralytic.

(ii) in the case of a widow


(3)

Where the person is a minor(i) in the case of male, if such commutation sum is his only source of income.
(ii) in the case of a female.

From the 1st April, 1960 till the date of the death of the person.

From the 1st April, 1960 till the date of the death of the person.

From the 1st April, 1960 till she remains a widow.

11/25/2013 10:21 AM

ANDHRA PRADESH (TELANGA AREA) JAGIRS (COMMUTATION)...

12 of 14

http://apland.ap.nic.in/cclaweb/scan acts/jagirs regulation.htm

From the 1st April, I960 till the date of attainment of 18 years.

From the 1st April, 1960 till the date of marriage or the date of attainment of 18 years, which ever
is earlier.]

CASE LAW
Payment of share in the forest timber to ex-Jagirdar - Minister for Forests has no power to order sanction

without any order under .the Regulation. R. Ramanna vs. Government of A.P., W.P. No. 2465/68, at.

20-2-1970 (Unreported).

11/25/2013 10:21 AM

ANDHRA PRADESH (TELANGA AREA) JAGIRS (COMMUTATION)...

13 of 14

http://apland.ap.nic.in/cclaweb/scan acts/jagirs regulation.htm

1 1 . R ules:
(1)

Government may by notification in the Official Gazette] make

rules to carry out the purposes of this Regulation.


(2)

In p articular and wi thout p rejud ice to the generality of the

foregoing power such rules may provide for the matters which
under this Regulation are to be or may be prescribed.
CASE LAW

Sections 11 and 15 - Sections are independent provisions - Two different modes for settlement of

debts envisaged. Sarqj Koran vs. KazimAliMirza, 1961 (l)An.WR357.

Sections 11,22 and 25 (3) - Pending proceeding - What is - Board calling for file - Creditor making claim

after time - Not tenable. Shahazadi Begum vs. Nawab Dost Mohd Khan, 1968 (2) ALT 113.

Sections 11, 22 (1), 25 (1) and (3) - Extinguishment of debts - What are -Stated. Debt due under any

of the pending proceedings - Application under Section 11 not necessary.

1958 (1) An.W.R. 387, (F.B) applied. AbdulKarimBabuKhan vs. Mohamood Alt Khan, 1962 (1) An.WR 340.
Sections 11, 22, 24, 25 and C.P.C. Sec. 141 - Proceedings before the Board. Sec. 141 C.P.C. does not

apply - Question of abatment of application does not arise. Board is not empowered to dismiss an
application filed under Section 11 except in the manner envisaged by Sec. 24. Narayana Das vs. Nawab Zia

Yar Jung Bahadur, 1963 (1) ALT 133=1963 (1) An. WR 95.

Sections 11, 24 and 25 - Scope - Determination of preliminary issues respecting jurisdiction of Board.

Proper forum - Question whether a person is a jagirdar and his debt is extinguished - Civil Court has no
jurisdiction. M.V. HanumanthaRao vs. Dwarakadas Mukundas, 1962 (1) An.WR 6 = 1LR 1962 AP 446.

Sections 11, 2 (f) and 12 of A.P (T.A.) Abolition of Jagirs Regulation - Debtor not a Jagirdar, nor Hissadar or

Gizarayab. Application for settlement of debts - Not entertainable by the Board. Jawaharlal vs.

Rameshchandar, 1960 (1) An.WR273.

Sections 11 Scope and effect of - Jagirdar's debts - How to be settled -Explained. Hardwarilal vs.

Badruddin Khan, 1961 ALT 14 (NRC).

SCHEDULE
[Section 2(a)]
List of Jamiyiat Jagirs
1.

Paigah Asmanjahi.

2.

Paigah Khurshid Jahi.

3.

Paigah Vicar-ul-Umra.

4.

Jagir of late Nawab Salar Jung Bahadur.

11/25/2013 10:21 AM

ANDHRA PRADESH (TELANGA AREA) JAGIRS (COMMUTATION)...

14 of 14

5.
6.
7.

Samasthan of Wanaparthy.
Samasthan of Gadwal.

Jagir of Rajah Sham Raj Bahadur.

8.

Jagir of Nawab Ghazi Jung Bahadur.

9.

Jagir of late Nawab Kamal Yar Jung Bahadur.

10.
11.

Jagir of late Nawab Shaukat Jung Bahadur.


Jagir of late Nawab Mehdi Jung Bahadur.

12.

Jagir of Nawab Ali Yavar Jung Bahadur.

13.

Jagir of Nawab Dost Mohd. Khan.

14.
15.

Jagir of Khaja Behbud All Khan.


Jagir of Shujaat Ali Khan.

16.

Jagir of Rabat Ali Khan.

17.

Jagir of Mir Imdad Ali Khan, S/o. Azad Ali Khan.

18.
19.
20.

Jagir Mirza Sardar Ali Khan, Qiledar of Malkhed.

Jagir of Lt. Col. Umar Daraz Khan, Qiledar of Golconda.


Estate of Nawab Asker Jung Bahadur.

21.

Estate of Nawab Suraiya Jung Bahadur.

22.

Estate of Raja Krishna Rao.

23.

http://apland.ap.nic.in/cclaweb/scan acts/jagirs regulation.htm

Estate of Bhatambra.

11/25/2013 10:21 AM

You might also like