ANDHRA PRADESH WATANS (ABOLITION) ACT, 1978
10 of 1978
1st FEBRUARY, 1978
Act to abolish the system of watans in the Telangana Area of the State of Andhra Pradesh and to provide for matters connected therewith. Be it enacted by the Legislature of the State of Andhra Pradesh in the Twenty-ninth Year of Republic of India as follows
Section 1 Short title, extent and commencement
(1) This Act may be called the Andhra Pradesh Watans (Abolition) Act, 1978.
(2) It extends to the whole of the Telangana area of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force on the 8th December, 1977.
Section 2 Definitions
(1) In this Act, unless the context otherwise requires:-
(a) 'appointed day' means the day on which this Act came into force;
(b) 'Collector' means any officer-in-charge of a revenue division and includes a Deputy Collector, a Sub-Collector, an Assistant Collector and any other officer appointed by the Government to perform the functions of the Collector under this Act;
(c) 'Government' means the State Government;
(d) 'gumastha' means a person appointed the officiate in place of a watandar;
(e) 'hissedar' means a person who is not a holder of a watan but who is recognised as a shareholder and is entitled to, a share in the haq-e-malikana appertaining to the watan, that is to say, the one-third of the amount of the average scale of remuneration to which the concerned watandar is entitled;
(f) 'notification' means a notification published in the Andhra Pradesh Gazette and the word notified' shall be construed accordingly.
(g) 'prescribed' means prescribed by rules made by the Government under this Act;
(h) 'Telangana area' means the territories specified in sub-section (1) of Section 3 of the States Reorganisation Act, 1956;
(i) 'watan' means a village-office together with a right to hold the property appertaining thereto held hereditarily; but does not include the village-offices of sethsindhies and neeradies;
(j) 'watandar' or holder of a watan' means a person who has been recognised by the competent authority to have a right to hold a watan;
(2) The words and expressions used and not defined in this Act but defined in the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F. shall have the meanings respectively assigned to them in that Act.
Section 3 Abolition of certain watans together with the right to hold office and the incidents thereof
(1) With effect on and from the appointed day, notwithstanding anything in any law custom, usage, settlement, grant, sanad or order--
(a) all watans shall stand abolished;
(b) all rights connected with watans, including all rights to hold any office, whether hereditary, contractual or otherwise, and any liability to render service, appertaining to the watans shall stand extinguished;
(c) any provisions of law, usage or practice relating to the succession to any watan shall be void; and
(d) all other incidents appertaining to watans shall stand extinguished.
(2) Every watandar, hissedar or gumastha appertaining to a watan and holding such watan on the appointed day shall, notwithstanding anything in any contract, custom, usage or other settlement, cease to hold such watan on the abolition of the watans and he shall be entitled to hold any village office only subject to the rules made by the Governor under the proviso to Article 309 of the Constitution.
Section 4 Amount to be paid on abolition of watans
(1) Notwithstanding anything in any law, custom, settlement, grant, sanad or, order, a watandar whose watan is abolished or a hissedar who ceases to be entitled to the right to perform the duties of a hereditary village-office, in consequence of the provisions of this Act shall be paid an amount equal to seven times the one-third of the amount of the average scale of remuneration to which such watandar or hissedar is entitled annually immediately prior to the appointed day:
Provided that where there are more than one person as watandar or hissedar, each of such persons shall be entitled to receive such sum in proportion to his share in the watan.
Explanation
(a) In calculating the average scale of remuneration, three immediately preceding year's scale of remuneration shall be taken into consideration.
(b) For the purposes of this section, a gumastha, deputy or substitute, officiating for the watandar or hissedar shall not be entitled to receive any such amount.
(c) The term "remuneration" means the commission received by the watandar on the land revenue collected, and does not include any other allowances payable to the watandar.
(2) The amount payable under this section shall be paid within a period of Twenty one months from the appointed day,--
(i) in a case where such amount does not exceed five thousand rupees, in one lumpsum; and
(ii) in any other case, in two equal installments.
(3) In the event of the death of the watandar or hissedar before payment in full or after payment in part of the amount referred to in sub-section (1), the amount which remained so unpaid on his death shall be paid to his legal heir or heirs.
Section 5 Method of determining amount for extinguishment of other rights
(1) If any person is aggrieved consequent on the extinguishment or modification of any rights to, or interest in his property and if no amount for such extinguishment or modification has been provided for in this Act such person may apply to the Collector for payment of an amount therefor.
(2) An application under sub-section (1) shall be made to the Collector in prescribed form and within the prescribed time.
(3) The Collector shall, on receipt of such application and after holding an enquiry in the prescribed manner, make an award determining the amount payable in the manner and according to the method provided for in sub-section (1) of Section 23 and Section 24 of the Land Acquisition Act, 1894.
Section 6 Appeal
(1) Any person aggrieved by the award of the Collector made under sub-section (3) of Section 5 may appeal to the Commissioner for Land Revenue within sixty days from the date of communication of the award.
(2) In deciding appeal under sub-section (1), the Commissioner for Land Revenue shall exercise all the powers which a civil court has and follow the same procedure which the court follows in deciding appeals from the decree or order of an original court under the Code of Civil Procedure, 1908.
(3) Notwithstanding anything in the Andhra Pradesh Court-Fees and Suits Valuation Act, 1956, every appeal made under this Act to the Commissioner for Land Revenue shall bear a court-fee stamp of such value as may be prescribed.
Section 7 Finality of award of Collector and decision of Commissioner for Land Revenue
The award made by the Collector subject to an appeal to the Commissioner for Land Revenue and the decision of the Commissioner for Land Revenue shall be final and shall not be questioned in any court of law.
Section 8 Power to make rules
(1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for--
(a) the procedure to be followed by the Collector in determining questions as to whether or not a person was the watandar, hissedar, gumastha or any other person on their behalf;
(b) the procedure relating to appeals before the Commissioner for Land Revenue;
(c) any other matter which has to be or may be prescribed.
(3) Every rule under this Act shall, immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session, in the session, immediately following, for a total period of fourteen days which may be comprised in one session, or in two successive sessions, and if before the expiration of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall, have effect from the date on which the modification or annulment is notified, shall only in such modified form or shall stand annuled, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section 9 Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act, the Government may make such orders, not inconsistent with the purpose of this Act as appear to them to be necessary or expedient for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiration of two years from the commencement of this Act.
Section 10 Repeal
(1) On the commencement of this Act, the provisions of the Dastoor-ul-Amal Patel Patwaries, the Firmans, the orders and circulars pertaining to watans and village offices thereof shall stand repealed in so far as they are repugnant to or inconsistent with the provisions of this Act.
(2) The Andhra Pradesh Watans (Abolition) Ordinance, 1977, is hereby repealed.
(3) Upon such repeal, the provisions of the Andhra Pradesh General Clauses Act, 1891, shall apply.
RULE:
ANDHRA PRADESH WATANS (ABOLITION) RULES, 1978
In exercise of the powers conferred by Section 8 of the Andhra Pradesh Watans (Abolition) Act, 1978 (Act 10 of 1978) the Governor of Andhra Pradesh hereby makes the following rules
Rule 1 Short title, extent and commencement
(1) These rules may be called the Andhra Pradesh Watans (Abolition) Rules, 1978.
(2) They extend to the whole of the Telangana Area of the State of Andhra Pradesh.
(3) They shall be deemed to have come into force on the 8th December, 1977.
Rule 2 Definitions
In these rules, unless the context otherwise requires
(a) "Act" means the Andhra Pradesh Watans (Abolition) Act, 1978;
(b) "Form" means a form appended to these rules;
(c) "Section" means a section of the Act;
Rule 3 Preparation of a register by the Collector or other authorised Officer in Form I
Immediately after the publication of these rules in the Official Gazette, the Collector or any other Officer, appointed by the Government to perform the functions of the Collector under the Act, shall prepare a register showing the nature of Watans and like in respect of village in Form I.
Rule 4 Determination of the amount payable under Section 4
(1) The Collector shall determine the amount payable under Section 4 in respect of each watan in village which shall be indicated in figures and words in his handwriting and each entry shall be signed by him.
(2) While determining the amount payable to a Watandar or a Hissedar in proportion to his share in a Watan, the Collector shall take into account the order of succession appertaining thereto passed by the competent authority or the order of a competent Civil Court determing the rights of persons therein.
(3) Where succession to a Watan has been granted by the Deputy Collector, or Sub-Collector, or Assistant Collector and where an appeal or revision against the order granting such succession is pending with the District Collector or the Commissioner of Land Revenue or the Government as the case may be, the Officer who has passed that order shall, without regard to the pendency of such appeal or revision, determine the amount payable to the Watandar or Hissedar, by taking into account the succession granted either by that Officer or the appellate authority immediately before the commencement of the Act.
(4) Where the determination of succession to a Watan is pending with the Deputy Collector or Sub-Collector or Assistant Collector immediately before the commencement of the Act, such officer shall take up such proceedings and pass necessary orders granting succession in favour of the rightful claimants.
Rule 5 Mode of payment of the amount payable under Section 4
(1) The Collector shall issue a notice in Form 11, showing the amount payable and the names of the persons entitled to receive the same which shall be served on the persons entitled to receive the amount in the manner specified in the Code of Civil Procedure, 1908.
(2) Copies of the notice shall be affixed on the notice board in the Office of the Collector, Taluk Officer, Village Chavidi and at a public place in the village to which the Watan pertains.
Rule 6 Objections in regard to the right to receive the amount payable under Section 4
Objections in regard to the right to receive the amount payable under Section 4 or as to the appointment thereof for which a notice has been issued under sub-rule (1) of Rule 5, may be filed before the Collector within thirty days from the date of publication of the notice together with documentary evidence therefor.
Rule 7 Disposal of objections
(1) On receipt of objections under Rule 6, the Collector shall hold summary enquiry and dispose them of. The proceedings shall, as far as practicable be governed by the provisions of the Code of Civil Procedure, 1908.
(2) On the disposal of objections, the Collector shall pass final orders awarding payment of the amount payable under Section 4 to the person entitled to receive the same.
Rule 8 Payment of the amount payable under Section 4
(1) Where there is no dispute regarding the right to receive the amount payable under Section 4 or regarding the apportionment thereof, the Collector on making an award under sub-rule (2) of Rule 7, shall tender payment of the same to the person entitled thereto.
(2) Where there is a dispute regarding the right to receive the amount payable under Section 4 or as to the apportionment thereof, the Collector shall resolve the dispute, determine the succession and make payment of the same.
Rule 9 Determination of amount for extinguishment of other rights
(1) Any person having a claim on the extinguishment or modification of any right to or interest in a Watan and where no amount for such extinguishment or modification has been provided for in the Act, shall apply to the Collector in Form III for payment of an amount therefor within ninety days from the date of commencement of these rules.
(2) The Collector shall, on receipt of such application, hold an enquiry into the claim, by giving an opportunity of being heard either in person or by Counsel and shall, after making such further enquiry, as he deems necessary, make on award determining the amount payable to such claimant in the manner and according to the method provided for in sub-section (1) of Section 23 and Section 24 of the Land Acquisition Act, 1894.
(3) Every order passed under sub-rule (2), shall be served on the person in whose favour the award has been passed.
(4) The Collector shall then pay the amount of award to the person concerned.
Rule 10 Appeal against the award passed under sub-rule (2) of Rule 9 for extinguishment of other rights
(1) Any person aggrieved by the award passed by the Collector under sub-rule (2) of Rule 9 may appeal to the Commissioner of Land Revenue within sixty days from the date of communication of the award.
(2) Every appeal filed under sub-rule (1) shall bear the court fee stamps as follows
(a) On every memorandum of appeal Five Rupees
(b) On every application or petition Two Rupees
(c) On every Vakalatnama Three Rupees(3) The memorandum of appeal shall be accompanied by a copy of the order appeal
against or a certified copy thereof.(4) While deciding the appeals under this rule, the Commissioner of Land Revenue
shall exercise all the powers of a Civil Court and shall follow the same
procedure which a Civil Court follows in deciding appeals from decrees or orders
of an original Court under the Code of Civil Procedure, 1908.
APPENDIX 1 FORM
FORM
FORM - I
(See Rule 3)
S.No. Name ofthe Village Name of theWatandar &Hissedars if any No. and date of theorder or Sanad inwhich Watan isgranted to the persons specifiedin Column 3 Individual share ofthe Watandar and the Hissedar in theWatans. Amount paid towards scale Remuneration for thepreceding 3 Fasli years ending with One-third of theamount of theaverage scale Remarks 30-6-75 30-6-76 30-6-77 Total Amount ofaverage scale (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) --------------------------------------------------------------------------------
APPENDIX 2 FORM
FORM
FORM - II
( See Rules 5 and 6)
Notice is hereby given that the Watans specified in the Schedule below belonging to the Village of ......................... in the taluk of ........................................ in the district of ........................................... stands abolished with effect from 8th December, 1977 as per the Andhra Pradesh Watans (Abolition) Act, 1978 (Act 10 of 1978). the amount of compensation for the Watan as determined under Section 4 read with Rule 4, together with the name of the person entitled to receive the compensation are mentioned in the said scheduled.
Every person interested in the Watan, including the Watandar and Hissedar as mentioned in the Schedule, are required to lodge before the Deputy Collector/Sub-Collector/Assistant Collector of ........................... within thirty days from the date of issue of this notice, statement in writing of his objections, if any, to the claims to the Watan as to the quantum of compensation payable in respect of the Watan.
Any objection statement which is received after due date or which does not clearly explain the nature of the objectioner's interest in the Watan is liable to be summarily rejected.
THE SCHEDULE
Name of the Watandar and the Hissedar entitled to receive the compensation, Name of the watan Name of the Village to which the watan relate Compensation determined under Rule 4 Name of Sharethe Watandar/Hissedar Amount of compensation Remarks (1) (2) (3) (4) (5) (6)
APPENDIX 3 FORM
FORM
FORM - III
1. Full name and address of the applicant :
2. (a) Whether he is a Watandar/Hissedar :
or not:
(b) If he is not a Watandar/Hissedar, :
the nature of his interest in the Watan
3. Details of extinguishment or modifi- :
cation of any right to, or interest in
the Watan for which no amount has been
provided for in the A.P. Watan (Abolition)
Act, 1978 (Act 10 of 1978).
1.
2.
3.
4.
I, ................................. son of .................. declare that, what is stated above is true to the best of my knowledge and belief.
Signature of the Appellant
Place : ...................
Date : ....................
To
The Collector ....................... Division. |
