Section 9 of Hyderabad Abolition Of Inams Act, 1959

9. Substitution Of Chapter Iii Of Hyderabad Act No. Viii Of 1955 By A New Chapter :- For Chapter III of the principal Act,the following shall be substituted, namely .-- "CHAPTER III Compensation and award thereof 7. Compensation in respect of cash grant.-- (1) In the case of a cash grant, a sum of money equal to seven times the amount of cash grant shall be paid to the holder of cash grant as compensation for the abolition of such cash grant: Provided that if under the terms of a grant any cash grant - (a) is received by a widow for the purpose of maintenance, she shall be paid an amount equal to the amount of cash grant for the remainder of her life; (b) is received by such holder for the purpose of education, he shall be paid an amount equal to the amount of cash grant during a like period, and subject to the like conditions, as are contained in the grant; (c) is received by such holder who is - (i) a male minor, he shall be paid an amount equal to the amount of cash grant till he attains the age of twenty-one years, (ii) an unmarried female, she shall be paid an amount equal to the amount of cash grant till she marries, or the amount calculated in accordance with the provisions of this section, whichever is greater; (d) is received by the holder of cash grant in respect of whom, upon application made to it in the prescribed manner, before the expiry of such period as may be prescribed, the State Government is satisfied after such inquiry (if any) as it thinks fit that he has no other source of income or that as it thinks fit that he has no other source of income or that if he has any other source of income it is insufficient for his livelihood, or that on account of old age, mental or physical infirmity or other reason he is incapable of earning of livelihood or maintaining himself in a reasonable manner, there shall be paid to such holder as compassionate payment an amount equal to the amount of cash grant during his life time or for such lesser period as the State Government in the circumstances thinks just. (2) For the purpose of sub-section (1), "the amount of cash grant" shall mean the amount paid or payable to the holder of cash grant whether as a grant of money or assignment of land revenue for the year immediately before the date of vesting. 8. Compensation in respect of property referred to in section 8(2) (b).--Any inamdar having any right or interest in any property referred to in clause (b) of sub-section (2) of section 3 shall, if he proves to the satisfaction of the Collector that he had any such right or interest, be entitled to compensation in the following manner, namely.-- (i) if the property in question is waste or uncultivated but cultivable land, the amount of compensation shall not exceed three times the assessment of the land : Provided that if the land has not been assessed, the amount of compensation shall not exceed such amount of assessment as would be leviable in the same village on the same extent of similar land used for the same purpose; (ii) if the property in question is land over which the public has been enjoying or has acquired a right of way or any individual has any right of easement, the amount of compensation shall not exceed the amount of the annual assessment leviable in the village for uncultivated land in accordance with the rules made under the Land Revenue Act, 1317 Fasli or if such rules do not provide for the levy of such assessment, such amount as in the opinion of the Collector shall be the value of the right or interest held by the claimant; (iii) in the case of minerals, the amount of compensation shall be equivalent to the average of the net annual income received by the inamdar in respect of minerals during the three years immediately preceding the date of vesting; (iv) in the case of forests, the amount of compensation shall be equivalent to seven times the average of the net annual income of forest revenue including grazing fee received by the inamdar during the twenty years immediately preceding the date of vesting; such annual income being calculated on the basis of data regarding average yield for the said twenty years; (v) if there are any structures on the land or trees on land other than and to which clause (iv) applies, the amount of compensation shall be equal to the value of such structures or trees, as the case may be. Explanation.--For the purposes of this section, "value" shall mean the value as estimated in accordance with the provisions of sections 18 and 19 of the Land Acquisition Act, 1309 Fasli in so far as the said provisions may be applicable. 9. Method of awarding compensation to inamdar.-- (1) Any inamdar or holder of cash grant entitled to compensation under section 7 or 8, shall within the prescribed period apply in writin g to the Collector for determining the amount of compensation payable to him under the said section. (2) On receipt of an application under sub-section (1), the Collector shall, after making formal enquiry, make an award determining the amount of compensation. Where there are co-sharers claiming compensation, the Collector shall by his award apportion the compensation between the co-sharers. 10. Method of awarding compensation for abolition, etc. of rights of other person in property.-- (1) If any person is aggrieved by the provisions of this Act as abolishing, extinguishing or modifying any of his rights to, or interest in, property and if compensation for such abolition, extinguishment or modification has not been expressly denied or provided for in this Act, such person may apply to the Collector for compensation. (2) The application under sub-section (1) shall be made to the Collector in the prescribed form within the prescribed period. The Collector shall, after holding a formal inquiry, make an award determining the compensation in the manner and according to the method provided for in sections 18 and 19 of the Land Acquisition Act, 1309 Fasli. (3) Nothing in this section shall entitle any person to compensation on the ground that any inam land which was wholly or partially exempt from payment of land revenue has been under the provisions of this Act made subject to the payment of full assessment in accordance with the provisions of the Land Revenue Act, 1317 Fasli. 11. Previous approval in respect of certain awards and provisions of Land Acquisition Act applicable.-- (1) Where the officer making an award under section 9 or 10 is a Collector under this Act but not a Collector appointed under section 6 of the Land Revenue Act, 1317 Fasli 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 section 6 of the Land Revenue A ct, 1317 Fasli, if the amount of the award does not exceed twenty-five thousand rupees, or (b) the Commissioner, if the amount of the award exceeds twentyfive thousand rupees but does not exceed one lakh of rupees, or (c) the State Government, if the amount of the award exceeds one lakh of rupees. (2) Where the officer making an award under section 9 or 10 is a Collector under this Act and also a Collector appointed under section 6 of the Land Revenue Act, 1317 Fasli, and the amount of such award exceeds twenty-five thousand rupees, then such award shall not be made without the previous approval of - (a) the Commissioner, if the amount of the award does not exceed one lakh of rupees, or (b) the State Government, if the amount of the award exceeds one lakh of rupees. (3) Every award under section 9 or 10 shall be in the form prescribed in section 21 of the Land Acquisition Act, 1309 Fasli and the provisions of the said Act shall so far as may be apply to the making of such award. 12. Appeal against the Collectors award.-- An appeal shall lie against an award of the Collector to the Bombay Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957, notwithstanding anything contained in the said Act. 13. Procedure before Revenue Tribunal.-- (1) The Bombay 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 this Act, the Bombay Revenue Tribunal shall exercise all the powers which a court has and shall follow the same procedure which a Court follows in deciding appeals from the decree or order of an original Court under the Code of Civil Procedure, 1908. 14. Limitation.-- Every appeal made under this Act to the Bombay Revenue Tribunal shall be filed within a period of sixty days from the date of the award of the Collector. The provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908, shall apply to the filing of such appeal. 15. Finality of award and decision of Revenue Tribunal.-- The award made by the Collector subject to an appeal to the Bombay Revenue Tribunal and the decision of the Bombay Revenue Tribunal on the appeal shall be final and conclusive and shall not be questioned in any suit or proceeding in any Court. 16. Mode of payment of amount of compensation.-- The amount of compensation payable under the provisions of this Act shall be payable in cash : Provided that if in the case of any inamdar or holder of cash grant the amount of compensation, other than that payable under the proviso to section 7, exceeds ten thousand rupees, then the excess over ten thousand rupees may be payable in transferable bonds carrying interest at the rate of three per cent, per annum from the date of the issue of such bonds and repayable during a period of twenty yeas from the date of the issue of such bonds by equated annual installments of the principal and interest. Such bonds shall be of such denomination and shall be in such form as may be prescribed."