Definitions.

§2

Summary

(1) In this Act, unless there is anything repugnant in the subject or context- 1[(a1) 'cash grant' means a grant of money or assignment of land revenue on the part of Government whether for the performance of certain duties, past or present, or for any reason whatever, but does not include- (i) a cash grant held by or for the benefit of a charitable or religious institution, (ii) a cash grant payable for rendering service useful to Government other than service appertaining to the office of Desai or of a village accountant commonly known as Kulkarni or Patwari, (iii) any pension granted to an ex-servant of Government in consideration of the service rendered by him to Government, or (iv) a cash grant which has been discontinued under the Hyderabad (Abolition of Cash Grants) Act, 1952 (Hyd. Act No. XXXIII of 1952), and to which the provisions of that Act apply, or (v) commutation sum payable to a Jagirdar under the Hyderabad Jagirs (Commutation) Regulation, 1359 Fasli]; (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; 2[(aa) 'community service inam' means an inam held for performing service useful to the village community and includes an inam held for such service even where such service has ceased to be demanded; (ab) 'commutation settlement' means a settlement made or confirmed under the law applicable to a watan relieving the holder, his heirs and successors of the liability of performing the services appertaining to such watan;] 3(b) the expression 'date of vesting' when used- 4[(i) in sub-section (1), sub-section (2) with reference to clauses (a), (b), (c), (e) and (f), and sub-section (3) of section (3) and, section 34, means,- (A) in the case of inams other than those specified in clauses (i) and (ii) of sub-section (2A) of section 1, the date of the publication of this Act in the Official Gazette, and (B) in the case of inams and cash grants to which this Act shall apply under subsection (2A) of section 1, the date of the coming into force of the Hyderabad Abolition of Inams (Amendment) Act, 1959 (Bom. LXIV of 1959);] (ii) elsewhere in this Act means the date appointed by the Government under clause (b) of sub-section (3) of section 1; 5[(ba) 'holder of cash grant' means a person holding a cash grant or a share therein and includes,- (i) his successor in interest, (ii) where such person is a minor or of unsound mind or an idiot, his lawful guardian, and (iii) where any cash grant is held by a joint Hindu family, such joint Hindu family;] (c) 'Inam' means land held under a gift or a grant made by the Nizam or by any Jagirdar, holder of a Samasthan or other competent grantor 6[whosoever, whether subject to the sovereignty of the Nizam or not] and continued or confirmed by virtue of a muntakhab or other title deed, with or without the condition of service 7[and whether or not coupled with the remission of the whole or part of the land revenue thereon and entered as such in the village records and includes,- (i) arazi makhta, arizi 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 the 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; 8[(g) 'occupied land' means inam land, which is not uncultivated land, waste land, pasture land, or forest land or not comprising a mine, quarry, tank, irrigation works, stream or river and which is in the actual or constructive possession of an inamdar. Explanation.- For the purposes of this Act, land shall be deemed to be uncultivated if it has not been cultivated for a period of three years immediately before the date of vesting;] (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 9and includes a shikmidar; (i) 'prescribed' means prescribed by rules made under this Act; 10[(j) 'tenant' means a tenant as defined in the Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyd. Act No. XXI of 1950), and includes a protected tenant but does not include a permanent tenant;] 11[(k) 'Watan' means an inam held as a watan for service appertaining to the office of a village accountant commonly known as Kulkami or Patwari or known by any other similar name or for service appertaining to the office of a District (Pargana) Officer commonly known as Sardeshmukh, Deshmukh, Deshpande or Desai or known by any other similar name whether any commutation settlement in respect of such watan has or has not been effected;] (l) 'Judi' or 'quit-rent' means the amount fixed by and payable to Government by 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 the Land Revenue Act, 1317 Fasli, the Hyderabad Tenancy and Agricultural Lands Act, 1950, and the Hyderabad Atiyat Enquiries Act, 1952 and the rules thereunder.

(1) In this Act, unless there is anything repugnant in the subject or context- 1[(a1) 'cash grant' means a grant of money or assignment of land revenue on the part of Government whether for the performance of certain duties, past or present, or for any reason whatever, but does not include- (i) a cash grant held by or for the benefit of a charitable or religious institution, (ii) a cash grant payable for rendering service useful to Government other than service appertaining to the office of Desai or of a village accountant commonly known as Kulkarni or Patwari, (iii) any pension granted to an ex-servant of Government in consideration of the service rendered by him to Government, or (iv) a cash grant which has been discontinued under the Hyderabad (Abolition of Cash Grants) Act, 1952 (Hyd. Act No. XXXIII of 1952), and to which the provisions of that Act apply, or (v) commutation sum payable to a Jagirdar under the Hyderabad Jagirs (Commutation) Regulation, 1359 Fasli]; (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; 2[(aa) 'community service inam' means an inam held for performing service useful to the village community and includes an inam held for such service even where such service has ceased to be demanded; (ab) 'commutation settlement' means a settlement made or confirmed under the law applicable to a watan relieving the holder, his heirs and successors of the liability of performing the services appertaining to such watan;] 3(b) the expression 'date of vesting' when used- 4[(i) in sub-section (1), sub-section (2) with reference to clauses (a), (b), (c), (e) and (f), and sub-section (3) of section (3) and, section 34, means,- (A) in the case of inams other than those specified in clauses (i) and (ii) of sub-section (2A) of section 1, the date of the publication of this Act in the Official Gazette, and (B) in the case of inams and cash grants to which this Act shall apply under subsection (2A) of section 1, the date of the coming into force of the Hyderabad Abolition of Inams (Amendment) Act, 1959 (Bom. LXIV of 1959);] (ii) elsewhere in this Act means the date appointed by the Government under clause (b) of sub-section (3) of section 1; 5[(ba) 'holder of cash grant' means a person holding a cash grant or a share therein and includes,- (i) his successor in interest, (ii) where such person is a minor or of unsound mind or an idiot, his lawful guardian, and (iii) where any cash grant is held by a joint Hindu family, such joint Hindu family;] (c) 'Inam' means land held under a gift or a grant made by the Nizam or by any Jagirdar, holder of a Samasthan or other competent grantor 6[whosoever, whether subject to the sovereignty of the Nizam or not] and continued or confirmed by virtue of a muntakhab or other title deed, with or without the condition of service 7[and whether or not coupled with the remission of the whole or part of the land revenue thereon and entered as such in the village records and includes,- (i) arazi makhta, arizi 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 the 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; 8[(g) 'occupied land' means inam land, which is not uncultivated land, waste land, pasture land, or forest land or not comprising a mine, quarry, tank, irrigation works, stream or river and which is in the actual or constructive possession of an inamdar. Explanation.- For the purposes of this Act, land shall be deemed to be uncultivated if it has not been cultivated for a period of three years immediately before the date of vesting;] (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 9and includes a shikmidar; (i) 'prescribed' means prescribed by rules made under this Act; 10[(j) 'tenant' means a tenant as defined in the Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyd. Act No. XXI of 1950), and includes a protected tenant but does not include a permanent tenant;] 11[(k) 'Watan' means an inam held as a watan for service appertaining to the office of a village accountant commonly known as Kulkami or Patwari or known by any other similar name or for service appertaining to the office of a District (Pargana) Officer commonly known as Sardeshmukh, Deshmukh, Deshpande or Desai or known by any other similar name whether any commutation settlement in respect of such watan has or has not been effected;] (l) 'Judi' or 'quit-rent' means the amount fixed by and payable to Government by 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 the Land Revenue Act, 1317 Fasli, the Hyderabad Tenancy and Agricultural Lands Act, 1950, and the Hyderabad Atiyat Enquiries Act, 1952 and the rules thereunder.

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