The AP TA Jagirs Commutation Regulation
Back to Acts ANDHRA PRADESH (TELANGA AREA) JAGIRS (COMMUTATION)
REGULATION, 1359 F.
[Regulation No. XXV of 1359 F.)
[25th January, 1950]
Whereas it is expedient to provide for the termination of the interim
allowance payable under 2[the Andhra 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. Short title and commencement:—
(1) This Regulation may be called 1the Andhra Pradesh (Telangana
Area) Jagirs (Commutation) Regulation, 1359-F.]
(2) It shall come into force from the date of its publication in the
4[Officia! Gazette].
2. Definitions:—
In this Regulation unless there is anything repugnant in the subject
or context— (a) 5'Jamiyiat Jagir" means a Jagir which has been or may be
recognised by Government to Jamiyat Jagir for the purposes of
this Regulation, in accordance with sanad, Muntakhab, Vasiqa
or Order of competent authority relating thereto used under the
Atiyat Law for the time being in force.]
(b) "prescribed" means prescribed by rules made under this
Regulation;
(c) "said Regulation" means 2[the Andhra Pradesh (Telangana Area)
(Abolition of Jagirs) Regulation, 1358-F.]
(d) words and expressions defined in Section 2 or Section 7 of the
said Regulation shall have the meaning assigned to them
therein.
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. Bheemsena Rao, 1960 (2) An.WR 297.
- - -
1. Published in the Extraordinary Official Gazette No. (29) dated 25th
January, 1950.
2. Subs. for the original short title by A.P. Act IX of 1961.
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
"Hyderabad area of the State of Andhra Pradesh" by A.P. Act IX of 1961.
4. Subs. for the word "Jarida" by the A.P.A.O. 1957.
5. Subs. by Hydderabad Act 51 of 1956.
- - - 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 1954 Hyd. 713 = AIR 1954 Hyd. 227.
3. Calculation of commutation sum:—
The commutation sum for everyjagir shall be the sum resulting from the multiplication of the basic 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. Basic annual revenue Figure by Alternative
No. which to sum
be
multiplied
(1) (2) (3) (4)
Rs.
1. Rs. 2,000 or less 30 — 2. More than Rs. 2,000 but 25 60,000
not more than Rs. 5,000
3. More than Rs. 5,000 but 20 1,25,000
not more than Rs.
25,000
4. More than Rs. 25,000 but 17'/2 5,00,000
not more than Rs. 50,000
5. More than Rs. 50,000 but 15 8,75,000
not more than Rs.
1,00,000
6. More than Rs. 1,00,000 but 12 1/2 15,00,000
not more than Rs.
2,00,000
7. More than Rs. 2,00,000 10 25,00,000
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. Commissioner of Wealth Tax, AIR 1963
A.P. 486.
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.
Commissioner of I.T. AIR 1960 A.P. 42.
4. Calculation of basic annual revenue:—
(1) The basic annual revenue of jagir shall be calculated as follows:
(a) the gross basic sum shall first be ascertained in
accordance
with sub-section (2);
(b) in the case of a Jamiyiat Jagir the gross basic sum
shall be
reduced by 20 per cent, and the sum resulting
from this
reduction shall be the net basic sum;
(c) 60 per cent shall be deducted—
(i) in the case of a jagir other than a Jamiyiat Jagir from the
gross basic sum, and (ii) in the case of a
Jamiyiat Jagir from the net basic sum,
and the sum resulting from this deduction shall be the
basic annual revenue.
(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
ending with the year 1356-F. '[less the deductions on
account
of hissa sarkar, chowth, makasa, dharpatti and all
other dues
of a like nature (other than pan, peshkush and haq-e-
malikana)
payable annually by the Jagirdar to the government
according
to the documents of title relating to the jagir]:
Provided that where any items of gross revenue
other than excise revenue are not ascertainable for all the
said ten years, 2[the average annual gross revenue] shall
be the average annual excise revenue for the said ten years
plus the average of other items of gross revenue for those
of the years included in the said ten years for which they
are ascertainable:
1[Provided further that where the particulars required for the calculation of the average annual gross revenue are not available or where the particulars available are, in the opinion of the
Jagir Administrator, incorrect in material respects, the average annual gross revenue shall be calculated in such manner as may be prescribed.]
CASE LAW
Sections 4, 5 and 2 (d) - 'Gross Revenue' - Total realisations -
Commutation amount - Calculation of. State qfA.P.vs. Bhimsena
Rao, 1960 (2) An.WR 297 = ILR 1961 fl JAP 339.
2[5. "Determination of commutation sum, appeal and revision:—
(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. Added by A.P. Act 18 of 1961 (w.e.f. 25-1-1950).
2. Subs. by A.P. Act 18 of 1991.
3. Added by ibid.
- - - (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 satisfied 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 may suo moto revise the
commutation sum determined by him under clause (a),
either by increasing or decreasing it:
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) Any person aggrieved by the determination of a commutation
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
shall, after giving the appellant a reasonable opportunity of
being heard, either confirm such determination or revise it in
such manner as it thinks fit.
(3) The Government may, in their discretion either suo motu at any
time, or on an application made to them within three months
from the date of the determination of the commutation sum, or
if such determination was made before the date of publication of the Andhra Pradesh (Telangana Area) Jagirs (Commutation)
Regulation (Amendment) Act, 1961, in the Andhra Pradesh
Gazette, within three months from the date of such publication,
call for, and examine the records relating to any order passed or
proceeding taken by the Jagir Administrator or an officer
authorised by him or the Board of Revenue in the determination
of the commutation sum, for the purpose of satisfying
themselves as to the legality or propriety of such order or the
determination of the commutation sum or as to the regularity of'
such proceeding and pass such order in reference thereto as
they think, fit:
Provided that the Government shall not pass any order prejudicial to a person unless he has had a reasonable opportunity of making his representation.
(4) The provisions of sub-section (3) shall have effect
notwithstanding anything in Section 6 of the Andhra Pradesh
(Teiangana Area) Board of Revenue Regulation, 1358 Fasli
(Regulation LX of 1358 F.).
(5) Save as provided in sub-sections (2) and (3), the determination
of commutation sum under this section shall be final and shall
not be called in question in any Court.] 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 Hassan, 1959 (2) An.WR 487.
6. Distribution of commutation sum:—
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.
LaiitaPrasadvs.AshgarunnisaBegum, 1963(1)ALT352=AIR1964AP7(FB)
[1957 ALT 235 - approved].
7. Payment of commutation sum; cessation of interim
allowances:—
(1) The appropriate share of the commutation sum shall be payable
to every person entitled to participate in the distribution thereof
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 instalment 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.
(2) The payment to a Jagirdar or Hissedar of his appropriate
share in the commutation sum of the Jagir shall constitute the
final commutation as from the 1st April, 19 50, of his rights in the
jagir and if any payment by way of an interim maintenance
allowance under the said Regulation is made in respect of a
period the whole or part of which is subsequent to the said date,
the amount of such payment or, as the case may be, the 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
Evacuee Property, 1960 ALT 98.
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 8. Recovery of amounts due to Government from the Jagirdar or Hissedar:—
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. Gulam Ahmed Khan, 1966 (1) An.WR 64.
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.
- - -
1. Subs. by A.P. Act 18 of 1961 (w.e.f. 25-1-1950).
- - - 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) in the name or for the support of any religious or charitable
institution; or
(b) to any person for the purposes of any service or charity, such
service or charity being of a public nature connected with any
religious or charitable institution.
(2) The Government shall pay to the institution every year
commencing from the 1st April, 1950 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.
(3) The application of the amounts paid to a religious or charitable
institution under sub-section (2) shall be effected in such
manner as may be prescribed.
Explanation:— In this section:
(a) 'religious institution' means any religious establishment
such as temple, shrine, mosque, darga 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) 'charitable institution' means any charitable establishment,
with a specific location and known address which is dedicated
to, or for the benefit of, or used as of right by, the general
public or any community or section thereof, for any pious,
charitable or philanthropic purpose.]
1[10-A.Continuance of the payment of commutation sum in certain cases:—
Notwithstanding any thing in this Regulation the Government may grant
2[to a Jagirdar, Hissadar, Guzarayab whose share in the
- - -
1. Subs. by A.P. Act 18 of 1961 (w.e.f. 25-1-1950).
2. Ins. by A.P. Act 4 of 1966 (w.e.f. 25-1-1950).
- - -
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) Where the age of the person
whether male or female, was
not less than 60 years on
the 1st day of April, 1960.
(2) Whre the age of the person
was less than 60 years on
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, mentally deranged, crippled or paralytic.
(ii) in the case of a widow
(3) 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.
From the 1st April, 1960 till she remains a widow.
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). 11. Rules:—
(1) Government may by notification in the Official Gazette] make
rules to carry out the purposes of this Regulation.
(2) In particular and without prejudice to the generality of the
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 debts envisaged. Sarqj Koran vs. KazimAliMirza, 1961
(l)An.WR357.
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 of the pending proceedings - Application under
Section 11 not necessary.
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. Rameshchandar, 1960 (1)
An.WR273.
Sections 11 Scope and effect of - Jagirdar's debts - How to be settled -
Explained. Hardwarilal vs. Badruddin Khan, 1961 ALT 14 (NRC).
SCHEDULE
[Section 2(a)]
List of Jamiyiat Jagirs
1. Paigah Asmanjahi.
2. Paigah Khurshid Jahi.
3. Paigah Vicar-ul-Umra.
4. Jagir of late Nawab Salar Jung Bahadur. 5. Samasthan of Wanaparthy.
6. Samasthan of Gadwal.
7. Jagir of Rajah Sham Raj Bahadur.
8. Jagir of Nawab Ghazi Jung Bahadur.
9. Jagir of late Nawab Kamal Yar Jung Bahadur.
10. Jagir of late Nawab Shaukat Jung Bahadur.
11. Jagir of late Nawab Mehdi Jung Bahadur.
12. Jagir of Nawab Ali Yavar Jung Bahadur.
13. Jagir of Nawab Dost Mohd. Khan.
14. Jagir of Khaja Behbud All Khan.
15. Jagir of Shujaat Ali Khan.
16. Jagir of Rabat Ali Khan.
17. Jagir of Mir Imdad Ali Khan, S/o. Azad Ali Khan.
18. Jagir Mirza Sardar Ali Khan, Qiledar of Malkhed.
19. Jagir of Lt. Col. Umar Daraz Khan, Qiledar of Golconda. 20. Estate of Nawab Asker Jung Bahadur.
21. Estate of Nawab Suraiya Jung Bahadur.
22. Estate of Raja Krishna Rao.
23. Estate of Bhatambra.