(1) Except as provided in this Act, the decision of an Atiyat Court shall be final and shall not be questioned in any Court of Law.
(2) The orders passed in cases relating to Atiyat Grants including Jagirs on or after the 18th September, 1948 and before the commencement of this Act by the Military Governor, the Chief Civil Administrator or the Chief Minister of Hyderabad or by the Revenue Minister by virtue of powers given or purporting to be given to him by the Chief Minister shall be deemed to be the final orders validly passed by a competent authority under the law in force at the time when the order was passed and shall not be questioned in any court of law.
17. Section 12 was renumbered as sub-section (1) thereof and sub-section (2) was inserted by Act XXVIII of 1956.
Decision of Civil Courts to prevail on questions of succession, legitimacy, etc.
Finality of decision of the Atiyat Court and of certain other decisions.
[Act No. X of 1952] 9 18[13-A. Every Atiyat Court shall, when holding an enquiry under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:—
(a) enforcing the attendance of any person and examining him on oath;
(b) compelling the production of documents and other material objects;
(c) issuing commissions for examination of witnesses;
(d) such other matters as may be prescribed;
and every enquiry or investigation by an Atiyat Court shall be deemed to be a judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (45 of 1860)].
14. Government may make rules for carrying out the purposes of this Act and in particular for anything which may be prescribed under this Act.
15. Dastur-ul-Amals, Inams and Circular No. 10 of 1338 Fasli and all other circulars amending or supplementing the same are hereby repealed:
Provided that-
(a) any rule, order or notification made or issued under the circulars hereby repealed in so far as it is not inconsistent with the provisions of this Act shall be deemed
18. Inserted by Act XXVIII of 1956.
Powers of Atiyat Courts when holding enquires under this Act.
Rules.
Repeal.
10 [Act No. X of 1952] to have been made or issued under this Act and shall continue to be in force until it is superseded thereunder;
(b) all suits, appeals and applications pending immediately before the commencement of this Act before an Atiyat Court or before the Atiyat Appeal Committee 19[shall, until such time as no procedure is prescribed therefor under this Act, be continued and disposed of as if this Act, had not been passed] and on such procedure being prescribed, they shall, notwithstanding anything contained in 20[the Telangana (Abolition of Jagirs) Regulation, 1358 F.] or any other law for the time being in force, be continued and disposed of in accordance with such procedure as if they had been filed under this Act]; but such cases may be heard and disposed of by the same Court or Committee before whom they are pending immediately before the commencement of this Act or by any other Atiyat Court or authority appointed for the purpose by the Government by a general or special order.
21[16. The provisions of this Act, shall cease to be applicable—
(a) to an Atiyat grant specified in sub-clause (i) of clause (b) of sub-section (1) of section 2 when the commutation sum has ceased to be payable;
(b) to an Atiyat grant specified in sub-clause (iii) of clause (b) of sub-section (1) of section 2, when the compensation has ceased to be payable;
19. Substituted for the words “shall be continued and disposed of as if this Act had not been passed” by Act XXVIII of 1956.
20. Adapted by G.O.Ms.No.46, Law (F) Department, dated. 01.06.2016.
21. Section 16 substituted by Act XXVIII of 1956.
Regulation LXIX of 1358 F.
Savings.
[Act No. X of 1952] 11
(c) to an Atiyat grant specified in sub-clause (v) of clause (b) of sub-section (1) of section 2, when such grant has ceased to continue;
(d) to an Atiyat grant specified in sub-clause (vi) of clause (b) of sub-section (1) of section (2), when the compensation has ceased to be payable].
12 [Act No. X of 1952] 22[SCHEDULE.
Original Jurisdiction of Atiyat Courts.
Description of Atiyat grant.
ATIYAT DEPUTY COLLECTOR ATIYAT COLLECTOR NAZIM ATIYAT Before the appointed date.
As from the appointed date.
Before the appointed date.
As from the appointed date.
Before the appointed date.
(1) (2) (3) (4) (5) (6)
1. Atiyat grants other than cash grants.
2. Cash grants.
Total annual land assessment up to Rs.250.
Upto Rs.
100 annually.
Total annual land assessment up to Rs. 5,000.
Up to Rs.
1,000 annually.
Beyond the powers of Atiyat Dy.Collector up to an annual land assessment of Rs. 5,000.
Beyond the powers of Atiyat Dy.
Collector up to Rs. 1,000 annually.
Beyond the powers of Atiyat Dy.
Collector without any limit.
Beyond the powers of Atiyat Deputy Collector without any limit.
Beyond the powers of Atiyat Collector without any limit.
Beyond the powers of Atiyat Collector without any limit.]
* * *
22. Schedule substituted by Act XXVIII of 1956.
E:\Uploading PDF Documents\Uploading word 1951-1960\1952 - (4)\X of 1952 The Telangana Atiyat Enquires Act, 1952\Index.docx E:\Uploading PDF Documents\Uploading word 1951-1960\1952 - (4)\X of 1952 The Telangana Atiyat Enquires Act, 1952\Act 10 of 1952.docx