Occupancy rights in respect of occupied land to which section 5 does not apply.

§6

Summary

(1) In the case of an occupied land comprised in an inam other than land to which the provisions of section 5 apply,- (a) where such land is in the possession of the inamdar, or kabiz-e-kadim or of a permanent tenant or tenant holding from the inamdar, then such inamdar, kabiz-e-kadim, permanent tenant or tenant shall, in respect of the land which is in his possession, be primarily liable to the State Government for the payment of land revenue and shall, subject to the provisions of sub-sections (2), (3), (4) and (5), be entitled to all the rights and be liable to all the obligations as an occupant in respect of such land under the Land Revenue Act, 1317 Fasli (Hyd. Act No. VIII of 1317F) and the rules made thereunder; (b) the rest of the land, in respect of which under clause (a) neither the inamdar nor the kabiz-e-kadim nor the permanent tenant nor the tenant is primarily liable for the payment of land revenue, shall be at the disposal of Government and any person in possession of such land shall be deemed to be unlawfully occupying Government land and shall be liable to be evicted therefrom in accordance with the provisions of the Land Revenue Act, 1317 Fasli (Hyd. Act No. VIII of 1317F). (2) In respect of the land for which the inamdar, kabiz-e-kadim, permanent tenant or tenant is liable under sub-section (1) for the payment of land revenue,- (a) the inamdar or, as the case may be, the kabiz-e-kadim, shall be liable to pay an occupancy price equal to six times the amount of the full assessment of the land, (b) the permanent tenant shall be liable to pay an occupancy price equal to eight times the amount of the full assessment of the land, and (c) the tenant shall be liable to pay an occupancy price equal to twelve times the full assessment of the land, to the State Government within the prescribed period either in lump sum or by such instalments as may be prescribed. 1[(3) (a) On or after the commencement of the Hyderabad Abolition of Inams and Cash Grants (Amendment) Act, 2015 (Mah. XXV of 2015) (hereinafter, in this sub-section, referred to as "the commencement date"), the occupancy of Madad Mash Inam lands held on the new and impartible tenure (Occupants-Class II) may be transferred by the occupant for agricultural purpose, and no previous sanction or no objection certificate from the Collector or any other competent authority shall be necessary for such transfer. After such transfer, occupancy of such land shall be continued to be held by such transferee occupant on new and impartible tenure (Occupants-Class II), in accordance with the provisions of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) : Provided that, any such occupancy held on new and impartible tenure (Occupants-Class II) may, on or after the commencement date, be converted into Occupants-Class I by the occupant, by making payment of 2[five per cent.] of the amount of the current market value of such land to the Government as Nazarana, and after such conversion, such land shall be held by the occupant as Occupants-Class I, in accordance with the provisions of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966): Provided further that, on or after the commencement date, if any occupancy, held on new and impartible tenure (Occupants-Class II) has, without the prior sanction of the Collector or any other competent authority and without payment of the amount equal to 3[five per cent. of the current market value of such land], been transferred by the occupant for non-agricultural use, such transfer may be regularised on payment of an amount equal to 4[five per cent. of the current market value of such land] as Nazarana, and an amount equal to fifty per cent. of such sum as a penalty, and on such payment, the occupant shall hold the land as Occupants-Class I, in accordance with the provisions of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966). (b) Before the commencement date, if any occupancy of Madad Mash Inam lands, held on new and impartible tenure (Occupants-Class II) has already, without previous sanction or no objection certificate from the Collector or any other competent authority, been transferred by the occupant, for agricultural purpose, such transfer may be regularised without payment of any sum as Nazarana, on the production of registered instruments such as sale deed, gift deed, etc., as a proof thereof, for such transfer. After such regularisation, the occupancy of such land shall be deemed to be held by such transferee occupant as an Occupants-Class II, in accordance with the provisions of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966): Provided that, before the commencement date, if any such occupancy of Madad Mash Inam lands, held on new and impartible tenure (Occupants-Class II), has already, without prior sanction of the Collector or any other competent authority, been transferred by the occupant for nonagricultural use, such transfer may be regularised on payment of an amount equal to 5[five per cent.] of the market value of such land on the date of the order of regularisation as Nazarana, and an amount equal to ten per cent. of such sum as a penalty, and on such payment, the land shall be deemed to be held by such transferee occupant as Occupants-Class I, in accordance with the provisions of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), with effect from the date of such order. (c) The provisions of clauses (a) and (b) shall not be applicable to,- (i) the property permanently dedicated as waqf which is administered under the provisions of the Waqf Act, 1995 (43 of 1995) ; (ii) the Khidmat Mash (Service Inam) lands ; (iii) the Madad Mash Inam lands, part of which is given for Khidmat (service) of devasthan subject to the terms and conditions of muntakhab (sanad) ; (iv) the original Government lands granted by the then Government : Provided that, the Collector shall verify that the muntakhab (sanad) of the Madad Mash Inam land does not fall in sub-clauses (i) to (iv).[ (4) If any person liable to pay to the State Government the occupancy price under sub-section (2) fails to pay the same within the period prescribed under that sub-section, it shall be recoverable as an arrear of land revenue and if it is not recovered within a period of one year from the expiry of the period prescribed under sub-section (2), the person shall be deemed to be unlawfully occupying Government land and shall be liable to be summarily evicted in accordance with the provisions of the Land Revenue Act, 1317 Fasli (Hyd. Act No. VIII of 1317F). (5) If the occupancy price payable by a permanent tenant or tenant under sub-section (2) is paid by him or recovered from him under sub-section (4) then- (a) a sum equal to one-fourth of the of the amount paid by, or recovered from, the permanent tenant, and (b) a sum equal to one-half of the amount paid by, or recovered from, the tenant shall be paid to the inamdar. (6) Nothing in this section shall entitle the inamdar, kabiz-e-kadim, permanent tenant, tenant or any other person to claim compensation for the modification or extinguishment of any of his rights to, or interest in, the land to which this section applies.]

(1) In the case of an occupied land comprised in an inam other than land to which the provisions of section 5 apply,- (a) where such land is in the possession of the inamdar, or kabiz-e-kadim or of a permanent tenant or tenant holding from the inamdar, then such inamdar, kabiz-e-kadim, permanent tenant or tenant shall, in respect of the land which is in his possession, be primarily liable to the State Government for the payment of land revenue and shall, subject to the provisions of sub-sections (2), (3), (4) and (5), be entitled to all the rights and be liable to all the obligations as an occupant in respect of such land under the Land Revenue Act, 1317 Fasli (Hyd. Act No. VIII of 1317F) and the rules made thereunder; (b) the rest of the land, in respect of which under clause (a) neither the inamdar nor the kabiz-e-kadim nor the permanent tenant nor the tenant is primarily liable for the payment of land revenue, shall be at the disposal of Government and any person in possession of such land shall be deemed to be unlawfully occupying Government land and shall be liable to be evicted therefrom in accordance with the provisions of the Land Revenue Act, 1317 Fasli (Hyd. Act No. VIII of 1317F). (2) In respect of the land for which the inamdar, kabiz-e-kadim, permanent tenant or tenant is liable under sub-section (1) for the payment of land revenue,- (a) the inamdar or, as the case may be, the kabiz-e-kadim, shall be liable to pay an occupancy price equal to six times the amount of the full assessment of the land, (b) the permanent tenant shall be liable to pay an occupancy price equal to eight times the amount of the full assessment of the land, and (c) the tenant shall be liable to pay an occupancy price equal to twelve times the full assessment of the land, to the State Government within the prescribed period either in lump sum or by such instalments as may be prescribed. 1[(3) (a) On or after the commencement of the Hyderabad Abolition of Inams and Cash Grants (Amendment) Act, 2015 (Mah. XXV of 2015) (hereinafter, in this sub-section, referred to as "the commencement date"), the occupancy of Madad Mash Inam lands held on the new and impartible tenure (Occupants-Class II) may be transferred by the occupant for agricultural purpose, and no previous sanction or no objection certificate from the Collector or any other competent authority shall be necessary for such transfer. After such transfer, occupancy of such land shall be continued to be held by such transferee occupant on new and impartible tenure (Occupants-Class II), in accordance with the provisions of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) : Provided that, any such occupancy held on new and impartible tenure (Occupants-Class II) may, on or after the commencement date, be converted into Occupants-Class I by the occupant, by making payment of 2[five per cent.] of the amount of the current market value of such land to the Government as Nazarana, and after such conversion, such land shall be held by the occupant as Occupants-Class I, in accordance with the provisions of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966): Provided further that, on or after the commencement date, if any occupancy, held on new and impartible tenure (Occupants-Class II) has, without the prior sanction of the Collector or any other competent authority and without payment of the amount equal to 3[five per cent. of the current market value of such land], been transferred by the occupant for non-agricultural use, such transfer may be regularised on payment of an amount equal to 4[five per cent. of the current market value of such land] as Nazarana, and an amount equal to fifty per cent. of such sum as a penalty, and on such payment, the occupant shall hold the land as Occupants-Class I, in accordance with the provisions of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966). (b) Before the commencement date, if any occupancy of Madad Mash Inam lands, held on new and impartible tenure (Occupants-Class II) has already, without previous sanction or no objection certificate from the Collector or any other competent authority, been transferred by the occupant, for agricultural purpose, such transfer may be regularised without payment of any sum as Nazarana, on the production of registered instruments such as sale deed, gift deed, etc., as a proof thereof, for such transfer. After such regularisation, the occupancy of such land shall be deemed to be held by such transferee occupant as an Occupants-Class II, in accordance with the provisions of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966): Provided that, before the commencement date, if any such occupancy of Madad Mash Inam lands, held on new and impartible tenure (Occupants-Class II), has already, without prior sanction of the Collector or any other competent authority, been transferred by the occupant for nonagricultural use, such transfer may be regularised on payment of an amount equal to 5[five per cent.] of the market value of such land on the date of the order of regularisation as Nazarana, and an amount equal to ten per cent. of such sum as a penalty, and on such payment, the land shall be deemed to be held by such transferee occupant as Occupants-Class I, in accordance with the provisions of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), with effect from the date of such order. (c) The provisions of clauses (a) and (b) shall not be applicable to,- (i) the property permanently dedicated as waqf which is administered under the provisions of the Waqf Act, 1995 (43 of 1995) ; (ii) the Khidmat Mash (Service Inam) lands ; (iii) the Madad Mash Inam lands, part of which is given for Khidmat (service) of devasthan subject to the terms and conditions of muntakhab (sanad) ; (iv) the original Government lands granted by the then Government : Provided that, the Collector shall verify that the muntakhab (sanad) of the Madad Mash Inam land does not fall in sub-clauses (i) to (iv).[ (4) If any person liable to pay to the State Government the occupancy price under sub-section (2) fails to pay the same within the period prescribed under that sub-section, it shall be recoverable as an arrear of land revenue and if it is not recovered within a period of one year from the expiry of the period prescribed under sub-section (2), the person shall be deemed to be unlawfully occupying Government land and shall be liable to be summarily evicted in accordance with the provisions of the Land Revenue Act, 1317 Fasli (Hyd. Act No. VIII of 1317F). (5) If the occupancy price payable by a permanent tenant or tenant under sub-section (2) is paid by him or recovered from him under sub-section (4) then- (a) a sum equal to one-fourth of the of the amount paid by, or recovered from, the permanent tenant, and (b) a sum equal to one-half of the amount paid by, or recovered from, the tenant shall be paid to the inamdar. (6) Nothing in this section shall entitle the inamdar, kabiz-e-kadim, permanent tenant, tenant or any other person to claim compensation for the modification or extinguishment of any of his rights to, or interest in, the land to which this section applies.]

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