D_CCLAACTS_MANUALSRevenueThe Andhra Pradesh (Telangana Area) Jagirs (Commutation) Regulation, 1359 F

The AP TA Jagirs Commutation RegulationBack 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 AndhraPradesh (Telangana Area) (Abolition of Jagirs) Regulation, 1358 F.] and for the determination of the termsof commutation of Jagirs:

Now, Therefore, in exercise of the authority vested in me for the administration of the 3[Telangana area ofthe State of Andhra Pradesh] and of all other powers enabling me in this behalf, 1 hereby make thefollowing 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 ofthis Regulation, in accordance with sanad, Muntakhab, Vasiqaor Order of competent authority relating thereto used under theAtiyat Law for the time being in force.]

(b) "prescribed" means prescribed by rules made under thisRegulation;

(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 thesaid Regulation shal l have the meaning assigned to themtherein.

CASE LAWSections 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. Theentirety 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.

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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

ANDHRA PRADESH (TELANGA AREA) JAGIRS (COMMUTATION)... http://apland.ap.nic.in/cclaweb/scan acts/jagirs regulation.htm

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"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.

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The Jagirdars of the state, whatever be the words used in their original sanads, did not have heritableestates and eaeh had a life tenure, which was inalienable during his life without proper sanction. Thepowers of the ruler regarding such estates were absolute and uncontrolled by any legal limitations. ILR1954 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 theappropriate 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 thealternative sum specified in the appropriate entry in the third column of the annexed table thecommutation sum be shall the alternative sum so specified.

SI. No. Basic annual revenue Figure bywhich to bemultiplied

Alternativesum

(1) (2) (3) (4)Rs.

1. Rs. 2,000 or less 30 —2. More than Rs. 2,000 but not

more than Rs. 5,00025 60,000

3. More than Rs. 5,000 but notmore than Rs. 25,000

20 1,25,000

4. More than Rs. 25,000 but notmore than Rs. 50,000

17'/2 5,00,000

5. More than Rs. 50,000 but notmore than Rs. 1,00,000

15 8,75,000

6. More than Rs. 1,00,000 but notmore than Rs. 2,00,000

12 1/2 15,00,000

7. More than Rs. 2,00,000 10 25,00,000

CASE LAWSections 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 amountunder A.P. (T.A.) Abolition of Jagir Regulations. It is income and liable to income tax. Paymentssubsequent to 1-4-1950 towards commutation not liable to taxation. Raja Rameswara Rao vs.Commissioner of I.T. AIR 1960 A.P. 42.


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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 accordancewith sub-section (2);

(b) in the case of a Jamiyiat Jagir the gross basic sum shall bereduced by 20 per cent, and the sum resulting from thisreduction 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 netbasic sum,

and the sum resulting from this deduction shall be thebasic annual revenue.

(2) The gross basic sum shall be the average annual gross revenueof the Jagir for the ten years opening with the year 1347-F. andending with the year 1356-F. '[less the deductions on accountof hissa sarkar, chowth, makasa, dharpatti and all other duesof a like nature (other than pan, peshkush and haq-e-malikana)payable annually by the Jagirdar to the government accordingto the documents of title relating to the jagir]:

Provided that where any i tems of gross revenue other than excise revenueare not ascertainable for all the said ten years, 2[the average annual grossrevenue] shall be the average annual excise revenue for the said ten years plus theaverage of other items of gross revenue for those of the years included in the saidten years for which they are ascertainable:

1[Provided further that where the particulars required for thecalculation of the average annual gross revenue are not available orwhere the particulars available are, in the opinion of the

Jagir Administrator, incorrect in material respects, the averageannual gross revenue shall be calculated in such manner as may be prescribed.]

CASE LAWSections 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 bythe Jagir Administrator or by an officer authorised by him in that behalf.

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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.


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(b) If at any time after the determination of the commution sum under clause (a), theJagir Administrator or the officer authorised by him, as the case may be, is satisfiedthat the amount so determined was not correctly determined in respect of anyparticulars and requires to be revised with reference to the terms of the documenisof title which have since become available, he may suo moto revise thecommutation sum determined by him under clause (a), either by increasing ordecreasing it:

Provided that in case where such revision involves a decrease in the commutation sumdetermined under clause (a), the person affected shall be given a reasonable opportunity ofmaking his representations.

(2) Any person aggrieved by the determination of a commutationsum under clause (a) or under clause (b) of sub-section (1) may,within thirty days of the communication thereof to him appealagainst the same to the Board of Revenue; and the said Boardshall, after giving the appellant a reasonable opportunity ofbeing heard, either confirm such determination or revise it insuch manner as it thinks fit.

(3) The Government may, in their discretion either suo motu at anytime, or on an application made to them within three monthsfrom the date of the determination of the commutation sum, orif such determination was made before the date of publication ofthe Andhra Pradesh (Telangana Area) Jagirs (Commutation)Regulation (Amendment) Act, 1961, in the Andhra PradeshGazette, within three months from the date of such publication,call for, and examine the records relating to any order passed orproceeding taken by the Jagir Administrator or an officerauthorised by him or the Board of Revenue in the determinationof the commutation sum, for the purpose of satisfyingthemselves as to the legality or propriety of such order or thedetermination of the commutation sum or as to the regularity of'such proceeding and pass such order in reference thereto asthey think, fit:

Provided that the Government shall not pass any order prejudicial to a person unless he hashad a reasonable opportunity of making his representation.

(4) The provisions of sub-section (3) shall have effectnotwithstanding 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 determinationof commutation sum under this section shall be final and shallnot be called in question in any Court.]


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CASE LAWSections 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 = ILR1961 (1) AP 665.

Section 5 and Regulation 10 (3) - "Hissadar" and "Jagir" - Meaning of -Persons entitled tocompensation deposited - Atiyat property - Mohammadan law - Applicability. Mushtaq Hussain vs. SyedHassan, 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 underSection 12 of the said Regulation the share of the net income payable to a Jagirdar or Hissedar was subject todeduction on account of any maintenance allowance, the share of the commutation sum payable to suchJagirdar or Hissedar shall be subject to a deduction bearing to that share the same proportion as thededuction made under Section 12 of the said Regulation bore to the share of the net income payable to theperson concerned.

CASE LAWAbolition 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 ofDebt Settlement Act. Entire commutation amounts to be taken into account. Extent to which it is available forpaying 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. Paym ent o f com m uta t i on sum ; cessa t i on o f i n te r i m

allowances:—(1) The appropriate share of the commutation sum shall be payable

to every person entitled to participate in the distribution thereofin such form and manner and at such time or times and in suchnumber of instalments as may be prescribed:

Provided that if at the time prescribed for the payment of any such share or instalment theperson entitled to receive payment of the sum is in dispute, the amount of the share orinstalment shall be deposited with the prescribed authority in the prescribed manner andsubject to the prescribed conditions.

(2) The payment to a Jagirdar or Hissedar of his appropriateshare in the commutation sum of the Jagir shall constitute thefinal commutation as from the 1st April, 19 50, of his rights in thejagir and if any payment by way of an interim maintenanceallowance under the said Regulation is made in respect of aperiod the whole or part of which is subsequent to the said date,the amount of such payment or, as the case may be, the


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appropriate proportion of such amount shall be recovered from the recipient thereof bydeduction from the first payment made to him on account of his share in the commutation sumfor 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 underSection 5, shall be adjusted by deduction from the total commutation sum due to him, and anyamount which cannot be so adjusted shall be recoverable from him as if it were an arrear of landrevenue.]

CASE LAWPakistan 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 ofEvacuee Property, 1960 ALT 98.

Sections 7, 3 and 4 - Scope of - Basic annual revenue and net income-Distinction. Principlesgoverning 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 otheramount 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 anyamount 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 notmore than one half of such share or allowance shall be liable to attachment and sale in any one year ofaccount in execution of a decree.

CASE LAWScope 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 personallaw applicable to him.

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1. Subs. by A.P. Act 18 of 1961 (w.e.f. 25-1-1950).

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MostqfayarKhanus.AsghiarannisaBegum, 1957 ALT 235 =1958(1) An.WR 192 [1952 (2) MLJ 243unreported Judgment - referred to].

1[10. Special provision for jagirs granted for the support or service of religious and charitableinstitutions:—

(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 anyreligious or charitable institution.

(2) The Government shall pay to the institution every yearcommencing from the 1st April, 1950 for the service of theinstitution, 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 asmay be determined under this Regulation.

(3) The application of the amounts paid to a religious or charitableinstitution under sub-section (2 ) shal l be effected in suchmanner 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 aspecific location and known address which is dedicated to,or used as of right by, the general public or any communityor 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 dedicatedto, or for the benefit of, or used as of right by, the generalpublic 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

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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).


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commutation sum payable for the Jagir did not exceed Rs. 10,000 and who ceased to receive anypayment of such share for the period commencing on and from the 1st April, 1960] a sum equivalentto the commutation sum payable for the year ending one the 1st April, 1960 or a sum of Rs. 25 permensem, whichever is less, in each of the cases specified in column (1) of the Table below, during theperiod mentioned in column (2), namely:—

TAB LE

(1)

(2)

(1) Where the age of the personwhether male or female, wasnot less than 60 years onthe 1st day of April, 1960.

(2) Whre the age of the personwas less than 60 years onthe 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, mental ly 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.


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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 everis earlier.]

CASE LAWPayment 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).


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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 whichunder this Regulation are to be or may be prescribed.

CASE LAWSections 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 anapplication filed under Section 11 except in the manner envisaged by Sec. 24. Narayana Das vs. Nawab ZiaYar 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 nojurisdiction. 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 orGizarayab. 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 Jagirs1. Paigah Asmanjahi.2. Paigah Khurshid Jahi.3. Paigah Vicar-ul-Umra.4. Jagir of late Nawab Salar Jung Bahadur.


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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.


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D_CCLAACTS_MANUALSRevenueThe Andhra Pradesh (Telangana Area) Jagirs (Commutation) Regulation, 1359 F