Abolition and vesting of inams and the consequences thereof

§3

Summary

(1) Notwithstanding anything to the contrary contained in any usage, settlement, contract, grant, sanad, order or other instrument, Act, regulation, rules or order having the force of law and notwithstanding any judgement, decree or order of a Civil, Revenue or Atiyat Court, and with effect from the date of vesting, all inams to which this Act is made applicable under sub-section (2) 1[or sub-section (2A)] of section 1 of this Act shall be deemed to have been abolished and shall vest in the State. (2) Save as expressly provided by or under the provisions of this Act and with effect from the date of vesting, the following consequences shall ensure, namely :- (a) the provisions of the Land Revenue Act, 1317 Fasli, relating to inams, and the provisions of the Hyderabad Atiyat Enquiries Act, 1952 and other enactments, rules, regulations and circulars in force in respect of Atiyat grants shall, to the extent they are repugnant to the provisions of this Act, not apply and the provisions of the Land Revenue Act, 1317 Fasli, relating to unalienated lands for purpose of land revenue, shall apply to the said inams; (b) all rights, title and interest vesting in the inamdar, kabiz-e-kadim, permanent tenant 2[and tenant] in respect of the inam land, other than the interests expressly saved by or under provisions of this Act and including those in all communal lands, cultivated and uncultivated lands (whether assessed or not), waste lands, pasture lands, forests, mines and minerals, quarries, rivers and streams, tanks and irrigation works, fisheries and ferries, shall cease and be vested absolutely in the State free from all encumbrances; (c) all such inam lands shall be liable to payment of land revenue; 3[Explanation.- In the case of an inam land in respect of which the settlement of assessment has not been made under the Land Revenue Act, 1317 Fasli (Hyd. Act No. VIII of 1317F), the amount of land revenue thereon shall be assessed under section 52 of that Act with effect from the date of vesting under this section;] (d) all rents and land revenue including cesses and royalties, accruing in respect of such inam lands, on or after the date of vesting, shall be payable to the State and not to the inamdar, and any payment made in contravention of this clause shall not be valid; (e) all arrears of revenue, whether as judi, quit-rent or other cess, remaining lawfully due on the date of vesting in respect of any such inam shall, after such date, continue to be recoverable from the inamdar by whom they were payable and may, without prejudice to any other mode of recovery be realised by deduction thereof from the compensation amount payable to him under this Act; (f) no such inam shall be liable to attachment or sale in execution of any decree or other process of any Court and any attachment existing on the date of vesting or any order for attachment passed before such date in respect of such inam, shall, subject to the provisions of section 73 of the Transfer of Property Act, 1882, cease to be in force; (g) the inamdar and any other person whose rights have vested in the State under clause (b) shall be entitled only to compensation from the Government as provided for in this Act; (h) the relationship with regard to inam land as between the inamdar and kabiz-e-kadim, permanent tenant 4[or tenant] shall be extinguished; (i) the inamdar, kabiz-e-kadim, permanent tenant 5[and a tenant] of inam lands and any person holding under them and a holder of an inam, shall, as against the Government, be entitled only to such rights and privileges and be subject to such conditions as are provided for under this Act and any other rights and privileges which may have accrued to any of them in the inam before the date of vesting against the inamdar shall cease and shall not be enforceable against the Government or the inamdar; 6[(j) in the case of an inam to which this Act applies under sub-section (2A) of section 1, the inamdar shall stand released of the liability to render service, if any.] (3) Nothing contained in sub-sections (1) and (2) shall operate as a bar to the recovery by the inamdar of any sum which becomes due to him before the date of vesting by virtue of his rights as inamdar and any such sum shall be recoverable by him by any process of law, which, but for this Act, would be available to him.

(1) Notwithstanding anything to the contrary contained in any usage, settlement, contract, grant, sanad, order or other instrument, Act, regulation, rules or order having the force of law and notwithstanding any judgement, decree or order of a Civil, Revenue or Atiyat Court, and with effect from the date of vesting, all inams to which this Act is made applicable under sub-section (2) 1[or sub-section (2A)] of section 1 of this Act shall be deemed to have been abolished and shall vest in the State. (2) Save as expressly provided by or under the provisions of this Act and with effect from the date of vesting, the following consequences shall ensure, namely :- (a) the provisions of the Land Revenue Act, 1317 Fasli, relating to inams, and the provisions of the Hyderabad Atiyat Enquiries Act, 1952 and other enactments, rules, regulations and circulars in force in respect of Atiyat grants shall, to the extent they are repugnant to the provisions of this Act, not apply and the provisions of the Land Revenue Act, 1317 Fasli, relating to unalienated lands for purpose of land revenue, shall apply to the said inams; (b) all rights, title and interest vesting in the inamdar, kabiz-e-kadim, permanent tenant 2[and tenant] in respect of the inam land, other than the interests expressly saved by or under provisions of this Act and including those in all communal lands, cultivated and uncultivated lands (whether assessed or not), waste lands, pasture lands, forests, mines and minerals, quarries, rivers and streams, tanks and irrigation works, fisheries and ferries, shall cease and be vested absolutely in the State free from all encumbrances; (c) all such inam lands shall be liable to payment of land revenue; 3[Explanation.- In the case of an inam land in respect of which the settlement of assessment has not been made under the Land Revenue Act, 1317 Fasli (Hyd. Act No. VIII of 1317F), the amount of land revenue thereon shall be assessed under section 52 of that Act with effect from the date of vesting under this section;] (d) all rents and land revenue including cesses and royalties, accruing in respect of such inam lands, on or after the date of vesting, shall be payable to the State and not to the inamdar, and any payment made in contravention of this clause shall not be valid; (e) all arrears of revenue, whether as judi, quit-rent or other cess, remaining lawfully due on the date of vesting in respect of any such inam shall, after such date, continue to be recoverable from the inamdar by whom they were payable and may, without prejudice to any other mode of recovery be realised by deduction thereof from the compensation amount payable to him under this Act; (f) no such inam shall be liable to attachment or sale in execution of any decree or other process of any Court and any attachment existing on the date of vesting or any order for attachment passed before such date in respect of such inam, shall, subject to the provisions of section 73 of the Transfer of Property Act, 1882, cease to be in force; (g) the inamdar and any other person whose rights have vested in the State under clause (b) shall be entitled only to compensation from the Government as provided for in this Act; (h) the relationship with regard to inam land as between the inamdar and kabiz-e-kadim, permanent tenant 4[or tenant] shall be extinguished; (i) the inamdar, kabiz-e-kadim, permanent tenant 5[and a tenant] of inam lands and any person holding under them and a holder of an inam, shall, as against the Government, be entitled only to such rights and privileges and be subject to such conditions as are provided for under this Act and any other rights and privileges which may have accrued to any of them in the inam before the date of vesting against the inamdar shall cease and shall not be enforceable against the Government or the inamdar; 6[(j) in the case of an inam to which this Act applies under sub-section (2A) of section 1, the inamdar shall stand released of the liability to render service, if any.] (3) Nothing contained in sub-sections (1) and (2) shall operate as a bar to the recovery by the inamdar of any sum which becomes due to him before the date of vesting by virtue of his rights as inamdar and any such sum shall be recoverable by him by any process of law, which, but for this Act, would be available to him.

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