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D - CCLAACTS - MANUALSRevenueThe Andhra Pradesh (Telangana Area) Jagirs (Commutation) Regulation, 1359 F
D - CCLAACTS - MANUALSRevenueThe Andhra Pradesh (Telangana Area) Jagirs (Commutation) Regulation, 1359 F
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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.
(1)
It shall come into force from the date of its publication in the
[Officia! Gazette].
2.
Definitions:
' Jam i yiat Jagi r" m eans a Jagi r which has b een or m ay b e
Regulation;
(c)
(d)
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.
--1. Published in the Extraordinary Official Gazette No. (29) dated 25th January, 1950.
2.
3.
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
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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
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.
Figure by
which to be
multiplied
(1)
(2)
(3)
Alternative
sum
(4)
Rs.
1.
30
2.
25
60,000
3.
20
1,25,000
4.
17'/2
5,00,000
5.
15
8,75,000
12 1/2
15,00,000
10
25,00,000
6.
7.
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.
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.
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gross basic sum, and (ii) in the case of a Jamiyiat Jagir from the net
basic sum,
(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
[ Provi d ed furthe r tha t where the p arti cul ars req ui red for the
the p articulars
availab le
are,
in
the
op inion
of the
Calculation of. State qfA.P.vs. Bhimsena Rao, 1960 (2) An.WR 297 = ILR 1961 fl JAP 339.
2
(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.
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(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
the
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)
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
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
the com m utati on sum , for the p urp ose of sati sfyi ng
Provided that the Government shall not pass any order prejudicial to a person unless he has
provisions
of sub-section
( 3)
shall
have
effect
1358 Fasli
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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
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.
of com m utati on
al lowances:
sum ;
cessation
of interim
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.
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
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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
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
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.
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.
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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)
(b)
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.
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)
Notwithstanding any thing in this Regulation the Government may grant 2 [to a Jagirdar, Hissadar,
--1.
2.
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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)
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.
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.
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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).
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1 1 . R ules:
(1)
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
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
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.
Sections 11 Scope and effect of - Jagirdar's debts - How to be settled -Explained. Hardwarilal vs.
SCHEDULE
[Section 2(a)]
List of Jamiyiat Jagirs
1.
Paigah Asmanjahi.
2.
3.
Paigah Vicar-ul-Umra.
4.
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5.
6.
7.
Samasthan of Wanaparthy.
Samasthan of Gadwal.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
Estate of Bhatambra.
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