Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com HYDERABAD (ABOLITION OF CASH GRANTS) Act, 1952 33 of 1952 [] CONTENTS 1. Short title, extent and commencement 2. Application of Act 2A. Definitions 3. Certain cash grants to cease to have effect 3A. Method of awarding compensation to certain grantees 3B. Previous approval in respect of certain awards 3C. Appeal against Collectors award 3D. Procedures before Revenue Tribunal 3E. Limitation for appeals 3F. Court-fees 3G. Inquiries and proceedings to be judicial proceedings 3H. Finality of award and decision of Revenue Tribunal 3I. Mode of payment of certain compensation 4. Power to make rules 5. Power to remove difficulties 5A. Adjustment of compensation on account of discontinuance of cash grants specified in Parts A and C of Schedule SCHEDULE 1 :- SCHEDULE HYDERABAD (ABOLITION OF CASH GRANTS) Act, 1952 33 of 1952 [] An act to discontinue certain classes of cash grants in the State of Hyderabad. Preamble WHEREAS it is expedient to discontinue certain classes of cash grant in the State of Hyderabad : It is hereby enacted as follows 1. Short title, extent and commencement :- (1) This Act may be called the Hyderabad (Abolition of Cash Grants) Act, 1952 (2) It shall extend to the whole of the 1 Hyderabad Area of State of Maharashtra. (3) It shall come into force on the date of its publication in the Gazette. 1. Subs. by clause 4(1) of Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 2. Application of Act :- (1) This Act shall apply to the cash grants specified in the schedule 1 except those which are subject to the rendering of service to religious or charitable institutions. (2) Government may, by notification, from time to time, add to the cash grants so specified. 1. Sub. by Act No 23 of 1954, published in Gazette Extraordinary. No. 130. dated the 9th August, 1954. 2A. Definitions :- In this Act, unless the context otherwise requires, - (a) "Collector" includes an officer appointed by the State Government to perform the duties of a Collector under this Act; (b) "prescribed" means prescribed by rules made under this Act. 3. Certain cash grants to cease to have effect :- (1) Subject to the provisions made by or under this Act, all cash grants specified in Part A of the Schedule and which are payable or enforceable during the year commencing on the 1st day of April, 1952 and in any subsequent financial year, shall be discontinued and cease to have effect immediately on the commencement of this Act, notwithstanding anything contained in any law, stand or order, custom or usage to the contrary. In the case of each such, grant, compensation-amounting to a sum equal to four times the annual amount payable to the grantee shall be paid to him. (2) Subject to the provisions made by or under this Act and notwithstanding anything contained in any law, sanad or order, custom or usage to the contrary, all cash grants specified in Part B and Part C of the Schedule and which are payable or enforceable during the year commencing on the first day of April, 1954 and in any subsequent financial year shall be iscontinued and cease to have effect on the first day of July. 1954. subject to the condition that- (a) in the case of every cash grant specified in Part B of the Schedule, compensation amounting to a sum equal to six times the annual amount payable to the grantee shall be paid to him in cash either in full or in annual installments not exceeding twelve ; (b) in the case of a cash grant specified in Part C of the Schedule, compensation amounting to a sum equal to four times the annual amount payable to the grantee shall be paid to him Provided, however, that in respect of each of the cases specified in column 1 below the grant shall be continued subject to the conditions specified against such case, during the period mentioned in column 2, namely: Column 1 Column 2 (1) Where the age of the grantee, whether male or female, was not less than 60 Till the date of the grantee. death of the years on the 1st day of April, 1954. (2) Where the age of the grantee was less than 60 years on the 1st day of April, 1954- (i) if a male, in case the grantee is incapable of earning a livelihood on account of being blind, deaf, dumb and mute, mentally deranged, crippled or paralytic; From the date of abolition till date of the death of the grantee. (ii) if a widow , so long as she remains a widow. (3) Where the grantee is a minor (i) if a male, in case such cast grant is his only source of income. From the date of date of attainment abolition till of 18 years. (ii) if a female From date of abolition till date or marriage or date or attainment of 18 years, whichever is earlier; Provided further that, in each of the cases mentioned in items (2) and (3) above, where the grantee is in receipt of more than one grant, but has no other source of income for a livelihood, the grantee shall be eligible to receive only the grant of the highest amount: Provided also that, where the amount of cash grant received under item (3) by a male minor grantee up to the date of attainment of 18 years of age, or by a female minor grantee up to the date of such attainment or her marriage, as the case may be, falls short of four times the annual amount of grant, the amount of deficit shall also be paid to the grantee concerned. (3) Where a cash grant to which this Act applies is subject to the rendering of any service, the grantee shall on the date of discontinuance of the grant, stand released of the liability to render that service. 3A. Method of awarding compensation to certain grantees :- (1) Any grantee entitled to compensation under sub-section (1) or clause (b) of sub-section (2) of Section 3, or under clause (a) of sub-section (1) of Section 5-A, shall within the prescribed period apply in writing to the Collector for determining the amount of compensation payable to him under the relevant provision of this Act (2) On receipt of an application under sub-sector (1), the Collector shall, after making formal enquiry make an award determining the amount of compensation. Where there are co-snarers claiming compensation, the Collector shall by his award apportion the compensation between the co- shares. 3B. Previous approval in respect of certain awards :- (1) Where the officer making an award under Section 3-A is a Collector under this Act but not a Collector appointed under Section 6 of the Hyderabad Land Revenue Act and the amount of such award exceeds five thousand rupees, then the award shall not be made without the previous approval of- (a) the Collector appointed under the said Section 6, if the amount does not exceed twenty-five thousand rupees, or (b) the Commissioner, if such amount exceeds twenty five thousand rupees. (2) Where the officer making an award under Section 3-A is a Collector under this Act and also a Collector appointed under Section 6 of the Hyderabad Land Revenue Act and the amount of the award exceeds twenty-five thousand rupees, then such award shall not be made without the previous approval of the Commissioner. (3) Every award under Section 3-A shall be in the form prescribed in section 21 of the Land Acquisition Act and the provision of that Act shall, so far as may be, apply to the making of such award. 3C. Appeal against Collectors award :- An appeal shall lie against an award of the Collector to the Maharashtra Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957, notwithstanding anything contained in that Act. 3D. Procedures before Revenue Tribunal :- (1) The Maharashtra Revenue Tribunal shall, after giving notice to the appellant and the State Government decide the appeal and record its decision. (2) In deciding an appeal under the Maharashtra Revenue Tribunal shall exercise such power which a Court has and follow the same procedure. Such a Court follows in deciding appeals from the decree or order of an original Court under the Code of Civil Procedure, 1908. 3E. Limitation for appeals :- Every appeal made under this Act to the Maharashtra Revenue Tribunal shall be filed within a period of sixty days from the date of the award of the Collector. The provisions of Section 4,5,12 and 14 of the Indian Limitation Act. 1908, shall apply to the filing or such appeal. 3F. Court-fees :- Notwithstanding anything contained in the Bombay Court-fees Act, 1959, or any other law relating to court-fees for the time being in force, every appeal made under this Act to the Maharashtra Revenue Tribunal shall bear a court-fee stamp of such value as may be prescribed. 3G. Inquiries and proceedings to be judicial proceedings :- A l l inquiries and proceedings before the Collector and the Maharashtra Revenue Tribunal under this Act shall be deemed to be judicial proceedings within the meaning of Section 193, 219 and 228 of the Indian Penal Code. 3H. Finality of award and decision of Revenue Tribunal :- ' The award made by the Collector subject to an appeal to the Maharashtra Revenue Tribunal, and the decision of the Maharashtra Revenue Tribunal on appeal shall be final and conclusive and shall not be questioned in any suit or proceeding in any court. 3I. Mode of payment of certain compensation :- (1) The amount of compensation payable under sub-section (1) or clause (b) or sub-section (2) of Section 3, or under clause(a) of sub-sec. (1) of Section 5-A, shall be paid in cash, or in transferable bonds as provided in sub-section (2), or partly in cash and partly in such transferable bonds as the State Government may determine. (2) Where any amount of compensation is to paid in transferable bonds, such bonds shall carry interest at the rate of three per cent, per annum from the date of their issue and shall be repayable during such period not exceeding twelve years from the date of their issue as may be prescribed by equated annual installments of principal and interest. (3) The bonds shall be of such denominations and shall be in such forms as may be prescribed. 4. Power to make rules :- The Government may, from time to time, make rules for carrying out the purposes of this Act. (2) All rules made by the State Government under this Act shall be laid'before each House of the State Legislature as soon as may be after they are made and shall be subject to such modification as the State Legislature may make during the session in which they are so laid or the session immediately following and may publish in the Official Gazette. 5. Power to remove difficulties :- If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order do anything which appears to Government to be necessary for the purposes of removing the difficulty. 5A. Adjustment of compensation on account of discontinuance of cash grants specified in Parts A and C of Schedule :- (1) Notwithstanding any judgement, decree or order of a Court, where grantee has, in the case of a cash grant specified in Part A of the Schedule for any period commencing on the 1st April, 1952 and in the case of a cash grant specified in Part C of the Schedule for any period commencing on the 1st April, 1952 and in the case of cash grant specified in Part C of the Scheduled for any period commencing on the 1 st July, 1954, been paid any grant- (a) if the aggregate amount of grant so paid falls short of the amount of compensation to which the grantee is entitled under this Act, such grantee shall be paid the amount of deficit as the balance of compensation due to him; (b) if the aggregate amount of grant so paid is in excess of the amount of compensation to which the grantee is entitled under this Act, such grantee shall, within sixty days on a demand being made by the Collector, be liable to refund the specified excess amount. On the failure of the grantee to refund the excess amount paid to him within sixty days from the date of such demand, or within such further period as the Collector may allow, such amount shall be recovered as an arrear of land revenue. (2) If any grantee is aggrieved by an order made by the Collector under clause (b) of sub-section (1), such person may appeal to the Maharashtra Revenue Tribunal and the foregoing provisions relating to appeals to the said Tribunal shall, so far as may be, apply to such appeal. SCHEDULE 1 SCHEDULE SCHEDULE [Part A] The sums payable to Sardeshmukhs, Sardeshpandyas, Deshmukhs, Deshpandyas. Dastbandras. [Part B] Mansab Maviza Jagir including Jagir Pension. Maviza Qarza, Maviza Arazi, Maviza Abkari, Maviza Sair, Maviza Aslaha, Kutub, Dookan, Safai, " Imtiazi, Mansab Nazam Mahwars. Mahwarat Walajahi issued in lieu of Jagirs. [PartC] Ordinary Mansabs, Riayeti. Khas and Mutaferiq Mahwars, Mash Youmia, Mamool, Saliyana, Customs Mukasas and Agrahars, Mahwarat Walajahi (other than those issued in lieu of Jagirs), Tahrir Sarishtadari, Wiqai Nigari.