section 4
Insertion of new sections 3A to 3I in Hyd. XXXIII of 1952
The Hyderabad (Abolition of Cash Grants) (Amendment) Act, 1960General19607 sections
Statutory text
After section 3 of the principal Act, the following sections shall be inserted, namely :---
Method of awarding compensation to certain grantees. "3A.
- (1) Any grantee entitled to compensation under sub-section
- (1) or clause
- (b) of sub-section
- (2) of section 3, or under clause
- (a) of sub-section
- (1) of section 5A, shall within the prescribed period apply in writing to the Collector for determining the amount of compensation payable to him under the relevant provision of this Act.
- (2) On receipt of an application under sub-section (1), the Collector shall, after making formal inquiry, 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. Previous approval in respect of certain awards. 3B.
- (1) Where the officer making an award under section 3A is a Collector under this Act but not a Collector appointed under section 6 of the Hyderabad Land Revenue Act 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 the said section 6, if such amount does not exceed twenty-five thousand rupees, or
- (b) the Commissioner, if such amount exceeds twenty-five thousand rupees.
- (2) Where the officer making an award under section 3A is a Collector under this Act and also a Collector appointed under section 6 of the Hyderabad Land Revenue Act and the amount of the award exceeds twenty-five thousand rupees, then such award shall not be made without the previous approval of the Commissioner.
- (3) Every award under section 3A shall be in the form prescribed in section 21 of the Land Acquisition Act and the provisions of that Act, so far as may be, apply to the making of such award. Appeal against Collector's award. 3C. An appeal shall lie against an award of the Collector to the Maharashtra Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957, notwithstanding anything contained in that Act. Procedure before Revenue Tribunal. 3D.
- (1) The Maharashtra 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 Maharashtra Revenue Tribunal shall exercise all the powers which a Court has and 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. Limitation for appeals. 3E. Every appeal made under this Act to the Maharashtra 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. Court-fees. 3F. Notwithstanding anything contained in the Bombay Court-fees Act, 1959, or any other law relating to court-fees for the time being in force, every appeal made under this Act to the Maharashtra Revenue Tribunal shall bear a court-fee stamp of such value as may be prescribed. Inquiries and proceedings to be judicial proceedings. 3G. All inquiries and proceedings before the Collector and the Maharashtra Revenue Tribunal under this Act shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code. Finality of award and decision of Revenue Tribunal. 3H. The award made by the Collector subject to an appeal to the Maharashtra Revenue Tribunal, and the decision of the Maharashtra Revenue Tribunal on appeal shall be final and conclusive and shall not be questioned in any suit or proceeding in any Court. Mode of payment of certain compensation. 3I.
- (1) The amount of compensation payable under sub-section
- (1) or clause
- (b) of sub-section
- (2) of section 3, or under clause
- (a) of sub-section
- (1) of section 5A, shall be paid in cash, or in transferable bonds as provided in sub-section (2), or partly in cash and partly in such transferable bonds as the State Government may determine.
- (2) Where any amount of compensation is to be paid in transferable bonds, such bonds shall carry interest at the rate of three per cent. per annum from the date of their issue and shall be repayable, during such period not exceeding twelve years from the date of their issue as may be prescribed, by equated annual instalments of principal and interest.
- (3) The bonds shall be of such denominations and shall be in such forms as may be prescribed.".
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