(1) In this Act unless there is anything repugnant in the subject or context—
(a) “Atiyat Court” means a Court or authority competent to make Atiyat enquiries and enquiries as to claims to succession to and any right, title or interest in Atiyat grants and matters ancillary thereto;
4[(b) “Atiyat grants” mean—
1. The Andhra Pradesh (Telangana Area) Atiyat Enquiries Act, 1952 (Act No. X of 1952) applicable to the whole of the Telangana area of the State of Andhra Pradesh and in force in the combined State as on
02.06.2014 has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws (No.2) Order, 2016, issued in G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
3. Substituted for the word “Jarida” by the Andhra Pradesh Adaptation of Laws Order (A.P.A.O.), 1957.
4. Clause (b) substituted by Act XXVIII of 1956.
Short title, extent and commencement.
Definitions.
2 [Act No. X of 1952]
(i) in the case of jagirs abolished under 5[the Telangana (Abolition of Jagirs) Regulation, 1358F.] the commutation sums payable in respect thereof under 5[the Telangana Jagirs (Commutation) Regulation, 1359 F.];
(ii) inams to which 5[the Telangana Abolition of Inams Act, 1954] is not applicable;
(iii) in the case of inams abolished under 5[the Telangana Abolition of Inams Act, 1954] the compensation payable under that Act;
(iv) cash grants to which 6the Hyderabad Abolition of Cash Grants Act, 1952 (XXXIII of 1952) is not applicable;
(v) Cash grants temporarily continued under 6the Hyderabad Abolition of Cash Grants Act, 1952 (XXXIII of 1952);
(vi) in the case of cash grants abolished under 6the Hyderabad Abolition of Cash Grants Act, 1952 (XXXIII of 1952), subject to payment of compensation, the compensation payable in respect thereof;]
(c) “Muntakhabs and Vasiqas” means documents issued by competent authorities as a result of Inam or succession enquiries held under the Dastoor-ul-Amal Inams or other Government orders on the subject and issued by way of continuance or confirmation of Atiyat grants;
(d) “Holding an Atiyat grant” means the enjoyment of the Atiyat grant on the basis of a Muntakhab, a Vasiqa or any order of a competent authority;
5. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
6. Repealed by A.P. Act XIV of 1959.
Regulation LXIX of 1358 F.
Regulation XXV of 1359 F.
Act VIII of 1955.
Act VIII of 1955.
[Act No. X of 1952] 3
(e) “Holder of an Atiyat grant” means a person or institution actually holding the Atiyat grant;
7[(f) [XXX]]
(g) “prescribed” means prescribed by rules made under this Act.
(2) Words and expressions used in this Act but not defined therein shall have the meanings assigned to them in 8[the Telangana Land Revenue Act, 1317F.]
General Provisions as to Atiyat Grants.
9[3. All Atiyat grants shall, subject to the provisions of 8[the Telangana (Abolition of Jagirs) Regulation, 1358F.],10the Hyderabad Abolition of Cash Grants Act, 1952 (XXXIII of 1952) and 8[the Telangana Abolition of Inams Act, 1954], continue to be held by the holders thereof subject to the conditions laid down in the Muntakhabs or Vasiqas, if any, relating thereto and to the provisions of this Act.
3-A. (1) In the case of Atiyat grants specified in sub-clause
(i) of clause (b) of sub-section (1) of section 2, Atiyat enquiries and enquiries as to any right, title or interest therein shall, notwithstanding anything contained in 8[the Telangana (Abolition of Jagirs) Regulation, 1358 F.], be held in Atiyat Courts in accordance with the provisions of this Act, and in the course of such enquiries, Atiyat Courts shall also be competent to enquire into claims to succession arising in respect of such grants:
7. Clause (f) omitted by Act XXVIII of 1956.
8. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
9. Section 3 and 3A substituted by Act XXVIII of 1956.
10. Repealed by A.P Act XIV of 1959.
Act VIII of 1317 F.
Act VIII of 1955.
Enquires as to Atiyat grants.
Regulation LXIX of 1358 F.
Continuance of Atiyat Grants.
Regulation LXIX of 1358 F.
4 [Act No. X of 1952]
Provided that claims to succession arising after the completion of Atiyat inquiry of any such grant shall not be entertained in any Atiyat Court and all such claims shall be filed in and decided by the competent Civil Court.
(2) In the case of Atiyat grants specified in sub-clauses
(ii) to (vi) of clause (b) of sub-section (1) of section 2, all Atiyat enquiries, enquiries as to claims to succession to, or any right, title or interest therein and matters ancillary thereto shall be held in Atiyat Courts in accordance with the provisions of this Act.]
4. Notwithstanding anything contained in section 3, continuance of Atiyat grants in the erstwhile Jagir areas or granted by erstwhile Jagirdars shall be subject to inquiries made for that purpose and for confirmation in accordance with rules made under this Act.
5. For the breach of the conditions contained in any Muntakhab or Vasiqa relating to an Atiyat grant or for other sufficient cause, the Government after giving an opportunity to the holder of the Atiyat grant to be heard, may by order resume the grant or modify the terms and conditions specified in any Muntakhab or Vasiqa relating thereto or pass such other orders in respect of the Atiyat grant as Government may think fit.
6. Atiyat Grants shall not be liable to be transferred or encumbered in any manner or to any extent whatsoever and it shall not be lawful for any court to attach or sell any Atiyat grant or any portion or share thereof:
Provided that half the income of the Atiyat grant shall be attachable in execution of a decree through the Revenue Department.
Enquires as to Atiyat Grants in Jagirs.
Consequences of breach of conditions of Muntakhab or Vasiqa.
Prohibition of alienation or encumbrance and exemption of attachment by a Court.
[Act No. X of 1952] 5
7. Subject to the provisions of this Act, succession to Atiyat grants shall, after the commencement of this Act, be regulated by the personal law applicable to the last holder.
Constitution of Atiyat Courts, their jurisdiction and procedure.
8. Notwithstanding the provisions of any law for the time being in force, there shall be the following classes of Atiyat Courts:—
(a) Atiyat Deputy Collectors;
(b) Atiyat Collectors;
(c) Nazim Atiyat; and
(d) Board of Revenue;
11[Provided that the Government may, by notification in the Official Gazette, appoint the date on which the Court of Nazim Atiyat shall cease to exist and as from that date (hereinafter referred to as the appointed date), the Courts mentioned in clauses (a), (b) and (d) shall be the classes of Atiyat Courts.
Explanation:- The Court of Atiyat Deputy Collector includes the Court of Atiyat Assistant Collector.]
9. Government may, by notification in the 12[Official Gazette], invest any officer 13[or authority] with the powers of
11. Inserted by Act XXVIII of 1956.
12. Substituted for the words “Jarida” by the A.P.A.O., 1957.
13. Inserted by Act XXVIII of 1956.
Succession.
Classes of Atiyat Courts.
Investure of powers.
6 [Act No. X of 1952] any Atiyat Court mentioned in 14[XXX] section 8, specifying the area within which the powers may be exercised.
10. 15[(1)] The original Jurisdiction of Atiyat Courts shall be regulated in the manner specified in the Schedule and the procedure thereof including the time within which and the manner in which appeals may be filed against their decisions under this Act shall be such as may be prescribed.
15[(2) All original cases pending in the Court of Nazim Atiyat on the appointed date shall be transferred to the Court of the concerned Atiyat Collector, and all original cases pending on that date in the Court of Atiyat Collector which as from that date fall within the jurisdiction of the Atiyat Deputy Collector shall be transferred to the Court of the concerned Atiyat Deputy Collector, and on such transfer, the Atiyat Collector or the Atiyat Deputy Collector, as the case may be, shall dispose of such cases as if they had been filed in his own Court. If the Atiyat grant involved in any such case falls within the jurisdiction of the Court of more than one Atiyat Collector or Atiyat Deputy Collector, as the case may be, the Board of Revenue shall determine the Court of the Atiyat Collector or Deputy Collector to which such case shall be transferred. The order of the Board of Revenue in this behalf shall be final and no appeal or revision shall lie therefrom].