Telangana act 014 of 1959 : The Telangana (Abolition of Cash Grants) Act, 1959.

THE TELANGANA (ABOLITION OF CASH GRANTS) ACT, 1959.

(ACT NO. XIV OF 1959.)

ARRANGEMENT OF SECTIONS

Sections

1. Short title, extent and commencement.

2. Definitions.

3. Application of Act.

4. Abolition of certain Cash Grants and payment of compensation therefor.

5. Power to make rules.

6. Power to remove difficulties.

7. Repeal. Schedule.

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THE TELANGANA (ABOLITION OF CASH GRANTS) ACT,

1959.¹

ACT No. XIV OF 1959.

1. (1) This Act maybe called²[the Telangana (Abolition of Cash Grants) Act, 1959].

(2) It extends to the territories comprising the districts of Adilabad, Hyderabad, Karimnagar, Khammam Mahbubnagar, Medak, Nalgonda. Nizamabad and Warangal in the State of Telangana.

(3) It shall come into force at once.

2. In this Act, unless the context otherwise requires,-

(a) 'Government' means the State Government;

(b) 'Charitable institution' means any charitable establishment, with a specific location and known address which is dedicated to, or for the benefit of, or used as of right by, the public generally or any community or section thereof, for any pious, charitable or philanthropic purpose;

(c) 'prescribed' means prescribed by rules made under this Act;

1. The Andhra Pradesh (Telangana Area) (Abolition of Cash Grants) Act,

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(d) 'religious institution' means any religious establishment (such as temple, shrine, mosque or the like) with a specific location and known address which is dedicated to, or used as of right by, the public generally or any community or section thereof as a place of public religious worship.

3. (1) This Act shall apply to any cash grant specified in the Schedule other than those mentioned in sub-section (2).

(2) Nothing contained in this Act shall apply to any such cash grant given in the name, or for the support, of any religious or charitable institution or given to any person for the performance of any service or charity, such service or charity being of a public nature connected with any religious or charitable institution:

Provided that the payment of cash grant mentioned in this sub-section shall be made to the institution or to the person concerned only so long as the institution exists.

(3) For the removal of doubts, it is hereby declared that the provisions of section 5 of³[the Telangana Atiyat Enquiries Act, 1952] shall apply to the cash grants continued by this Act as they apply to Atiyat grants under that Act.

(4) The Government may, by notification in the

3 Telangana Gazette, alter, add to or cancel the entries in the Schedule.

4. (1) Notwithstanding anything contained in any law, custom, usage, sanad or decree or order of a court or other authority and subject to the provisions of sub-section (2) all cash grants specified in Part A of the Schedule which were

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[Act No. XIV of 1959] 3 payable or enforceable during the year commencing on the 1st April 1952 or any subsequent financial year, and all cash grants specified in Part B and Part C of the Schedule which were payable or enforceable during the year commencing on the 1st day of July 1954 or any subsequent financial year, shall be discontinued and cease to have effect-

(a) in the case of cash grants specified in Part A of the Schedule,— with effect from the 1st day of April 1952;

(b) in the case of cash grants specified in Part B and Part C of the Schedule,—with effect from the 1st day of July

1954.

(2) The grantee whose cash grant is abolished under sub-section (1) shall be paid compensation as follows:-

(i) in the case of a cash grant specified in Part A of the Schedule, a sum equivalent to four times the annual amount payable to the grantee;

(ii) in the case of a cash grant specified in Part B of the Schedule, a sum equivalent to six times the annual amount payable to the grantee; and

(iii) in the case of a cash grant specified in Part C of the Schedule, a sum equivalent to four times the annual amount payable to the grantee:

Provided that in respect of each of the cases specified in column (1) of the Table below, the cash grant specified in Part C shall be continued subject to the conditions specified in each case during the period mentioned in column (2), namely:-

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TABLE.

(1) (2)

(1) Where the age of the grantee, whether male or female, was not less than 60 years on the 1st day of April,

1954.

Till the date of the death of the grantee

(2) Where the age of the grantee was less than 60 years on the 1st day of April, 1954-

(i) in the case of a male, or an unmarried woman if the grantee is incapable of earning a livelihood on account of being blind, deaf, dumb and mute, mentally deranged, crippled or paralytic;

From the date of abolition till the date of the death of the grantee.

(ii) in the case of a widow. So long as she remains a widow.

(3) Where the grantee is a minor-

(i) in the case of a male if such cash grant is his only source of income;

From the date of abolition till the date of attainment of 18 years

(ii) in the case of a female From the date of abolition till the date of marriage or the date

of attainiment of eighteen years

whichever is earlier.

(3) Where the amount of cash grant received by a male minor before attainment of 18 years of age, or by a female minor before such attainment or marriage falls short of four times the annual amount of cash grant, the deficiency shall be made good to the male minor on his attaining 18 years of age, and to the female minor on her attaining 18 years of age or her marriage, whichever is earlier.

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[Act No. XIV of 1959] 5

(4) Where a cash grant to which this Act applies is subject to the rendering of any service, the grantee shall, with effect from the date of discontinuance of the grant stand released of the liability to render that service.

(5) The compensation payable under sub-section (2) for the cash grants specified in Part A and Part C of the Schedule shall be paid to the grantee in such manner and in such instalments as may be prescribed; and the compensation payable for the cash grant specified in Part B of the Schedule shall be paid to him either in full or in annual instalments not exceeding twelve.

5. (1) The Government may, by notification in the

4 Telangana Gazette, make rules to carry out all or any of the purposes of this Act.

(2) All rules made under this section, shall as soon as may be, after they are made, be placed on the table of the Legislature and shall be subject to such modifications, whether by way of repeal or amendment, as the Legislature may make within fourteen days thereafter during the session in which they are so laid.

6. If any doubt or difficulty arises in giving effect to the provisions of this Act the Government may, by order, make such provisions, not inconsistent with the purposes of this Act, as appear to them to be necessary or expedient for removing the doubt or difficulty.

7. The Hyderabad (Abolition of Cash Grants) Act, 1952 (Hyderabad Act XXXIII of 1952) is hereby repealed.

4. Substituted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016. Power to make

rules.

Power to remove

difficulties.

Repeal.

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SCHEDULE.

(PART A)

Rusums payable to-

(1) Sardesmukhs,

(2) Sardeshpandyas,

(3) Desmukhs,

(4) Despandyas,

(5) Dastbandars (inculding mirasi-dastbandars).

(PART B)

Mansab Maviza Jagir including Jagir Pension, Mansab Maviza Qarza,

Mansab Maviza Arazi,

Mansab Maviza Abkari,

Mansab Maviza Sair,

Mansab Maviza Aslaha, Kutub, Dookan, Safai, Mansab Imtiazi,

Mansab Nazam Mahwars,

Mahwarat Walajahi issued in lieu of Jagirs.

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[Act No. XIV of 1959] 7

(PART C)

Ordinary Mansabs, Riayeti, Khas and Mutaferiq Mahwars, Mash, Youmia, Mamool, Saliyana, Customs Mukasas and Agrahars, Mahwarat Walajahi (other than those issued in lieu of Jagirs) Tahrir Sarishtadari, Wiquai Nigari.

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