Inams Abolition Act 1956: History & Ryotwari Patta

The Story Behind the Andhra Pradesh Inams (Abolition) Act, 1956

If you’ve ever dealt with land records in Andhra Pradesh, you’ve probably come across terms like Inam land, Ryotwari patta, or Inam village. But do you know why these laws came into existence?

Let me take you back to 1955–56, when the government realised that the existing land laws weren’t enough to cover certain types of inam lands—especially inam hamlets and inam khandrigas.

The Real Backstory

The government first introduced a Bill in December 1955 to amend the Madras Estates Land Act, 1908. The idea was to expand the definition of “estate” to include those marginal inams. The Bill was sent to a Select Committee, and after careful thought, the government decided to change course.

Instead of one big amendment, they split the approach:

• One part would deal only with inam khandrigas and inam hamlets in inam villages.
• The rest—other inams in inam villages, plus all inams in ryotwari and zamindari villages—would be covered by a separate, new law.

And that’s how the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 was born.

The main goal? Convert all inam lands (other than estates) into Ryotwari tenure.

The Official “Primary Matter” – Statement of Objects and Reasons

Here’s the exact text from the Act’s preamble, which explains the government’s thinking at the time:

“In December, 1955, the Government introduced the Madras Estates Land (Andhra Amendment) Bill, 1955 in the Legislative Assembly for the Amendment of Section 3(2)(d) of the Madras Estates Land Act, 1908, with the object of enlarging the definition of estate under that Act so as to cover certain marginal inams such as inam hamlets and inam khandrigas. The Bill was referred to a Select Committee which had made certain recommendations in regard to the provisions of the Bill. The Government have carefully considered these recommendations and have decided that the scope of the above Bill should be restricted to inam khandrigas and inam hamlets in inam villages and that separate legislation should be undertaken with a view to converting other inams in inam villages as well as all inams in ryotwari and zamindari villages into ryotwari tenure. The present Bill accordingly provides for the conversion of all inam lands other than estates into ryotwari tenure.”

“The Bill provides that in the case of inam lands held by inamdars other than religious, charitable and educational institutions in inam villages the tenant, if any, who was in occupation of the lands on the 7th January, 1948… shall be entitled to a ryotwari patta in respect of two-thirds of the land in his occupation, on his suffering the remaining one-third in favour of the inamdar…”

This was a major shift. It protected tenants who had been in occupation on 7th January 1948 (the crucial date under the Madras Estates Land (Reduction of Rent) Act, 1947) and laid down clear rules for granting ryotwari pattas.

<<<<| ORIGINAL ACT |>>>>

THE ANDHRA PRADESH (ANDHRA AREA) INAMS (ABOLITION AND CONVERSION INTO RYOTWARI) ACT, 1956 (Act No. XXXVII of 1956)

          In December 1955, the Government introduced the Madras Estates Lands (Andhra Amendment) Bill, 1955 in the Legislative Assembly for the Amendment of Section 3(2) (d) of the Madras Estates Land Act, 1908, with the object of enlarging the definition of 'Estate' under that Act so as to cover certain marginal inams such as inam hamlets and inam khandrigas. The Bill was referred to a select Committee, which had made certain recommendations in regard to the provisions of the Bill. The Government have carefully considered these recommendations and have decided that the scope of the above Bill should be restricted to inam khandrigas and inam hamlets in inam villages and that separate legislation should be undertaken with a view to converting other inams in inam villages as well as all inams in ryotwari and zamindari, villages into ryotwari tenure. The present bill accordingly provides for the conversion of all inam lands other than estates into ryotwari tenure.

          The Bill provides that in the case of inam lands held by inamdars other than religious, charitable and educational institutions in inam villages, the tenant, if any, who was in occupation of the lands on the 7th January, 1948 (the date on which the Madras Estates Land (Reduction of Rent) Act, 1947 came into force, but who was subsequently evicted by or at the instance of the Inamdar, or in the absence of such tenant, the tenant, if any, in occupation of the land on the date of commencement of the Act shall be entitled to a ryotwari patta in respect of two- thirds of the land in his occupation, on his suffering the remaining one- third in favour of the inamdar. The inamdar will be entitled to a ryotwari patta in respect of the remaining one- third, such one- third share being deemed to be the compensation payable to the inamdar for the extinguishments of his rights in the two- thirds share of the land. The inamdar will also be entitled to a ryotwari patta in respect of the land in his occupation on the date of commencement of the Act provided that no tenant is entitled to a ryotwari patta thereto on the ground of his having been in occupation there of on the 7th January, 1948.

An Act to abolish and convert certain inam lands into ryotwari lands.

Whereas it is expedient to abolish and convert certain inam lands into ryotwari lands:

Be it enacted in the Seventh Year of the Republic of India as follows;

1. Short title, extent, application and commencement:

(1) This Act may be called the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956.

(2) It extends to the whole of the State of Andhra, but applies only to inam lands described in clause (c) of section 2.

(3) It shall come into force at once.

2. Definitions:-

In this Act, unless the context otherwise requires

(a) "Collector" means the Collector of a District;

(b) "Government" means the State Government;

(c) "Inam land" means any land in respect of which the grant in inam has been made, confirmed or recognized by the Government, but does not include an inam constituting an estate under the Madras Estate Land Act, 1908 (Madras Act 1 of 1908);

(d) "Inam village" means a village designated as such in the revenue accounts of the Government.

(e) "Institution" means a religious, a charitable or an educational institution.

(f) "Prescribed" means prescribed by rules made under this Act;

(g) "Revenue Court" means the Court of the Revenue Divisional Officer having jurisdiction over the area in which the inam lands are situate;

(h) “Ryotwari village” means a village designated as such in the revenue accounts of the Government.

(i)"Settlement" includes resettlement;

(j) "Tahsildar" means the Tahsildar having jurisdiction over the area in which the inam lands are situate and includes a Deputy Tahsildar in charge of the taluk or sub- taluk in which the inam lands are situate and an officer of the Revenue Department not lower in rank than a Deputy Tahsildar empowered by the Government in this behalf;

(k) "Zamindari village" means a village designated as such in the revenue accounts to the Government.

Inam :- Any land in respect of which the grant in inam has been made, confirmed or recognized by the Government, and includes any land in the merged territory of Banaganapalle in respect of which the grant in inam has been made, confirmed or recognized by any former rule of that territory) but does not include an inam constituting an estate under the Madras Estates Land Act, 1908.

Inam Village:- A village designated as such in the revenue accounts of the Government and includes a village so designated immediately before it was notified and taken over by the Government under the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948.

Section- 2A Notwithstanding anything contained in this Act all Communal lands and porambokes, grazing lands, waste lands, forest lands, mines and quarries, tanks, tank- beds and irrigation works, steams and rivers, fisheries and ferries in the inam lands shall stand transferred to the Government and vest in them free of all encumbrances. (Act 2/1975)

Act came into force on 14.12.1956 Crucial date is 07.01.1948

Section-3 Determination of Inam lands:-

3(1) As soon as may be, after the commencement of this Act, the Tahsildar, may suo motu and shall on application enquire and determine

i. Whether a particular land in his jurisdiction is an inam land; ii. Whether such inam land is in ryotwari, zamindari or inam village; iii. Whether such inam land is held by any institution.

• In order to ascertain whether a particular village is an Inam village under this Act, it is necessary to look into the revenue accounts. (i.e. from the origin of the grant upto the date of its abolition). - Failure of Inam Tahsildar to publish notice u/s 3 - his decision under the Act is nullity and without jurisdiction.

3(2) Before holding such enquiry, Tahsildar shall cause to be published in the village or town where the inam lands are situate a notice in the prescribed manner requiring every person or institution claiming an interest in any such inam land, to file before him, a statement of particulars in respect of items (i)(ii)(iii) in sub- section (1) within the prescribed time.

Notices u/s 3(2) have to be issued but they need not be served individually.

3(3) The Tahsildar shall thereafter give the persons or institutions concerned a reasonable opportunity of adducing any evidence in support of their cases and may also examine any relevant document in the possession of the Government and give his decision in writing in regard to items (i)(ii)(iii) in sub- section (1) and communicate the decision to the person or institutions.

3(4) Any person or institution aggrieved by a decision of the Tahsildar under 3(3) may appeal to the Revenue Court within 60 days from the date of communication of the decision.

When there is no express exclusion in the Act nor is there any prohibition imposed for entertaining appeal under section 3(4) of the Act beyond the period of limitation, petition for condonation of delay in filing appeal is maintainable.

The appellate authority has no jurisdiction to hold a suo motu enquiry when the order of the Tahsildar was not appealed from.

3(5) The decision of the Revenue Court under sub- section (4), and in case no appeal is filed, the decision of the Tahsildar under sub- section (3) shall be final.

3(6) Every decision of the Revenue Court under sub- section (4) and if no appeal is filed within the period specified in sub- section (4) every decision of the Tahsildar under sub- section (3), shall as soon as possible, be published in the District Gazette, and in such other manner as may be prescribed.

3(7) Every decision of the Revenue Court, and subject to such decision, every decision of the Tahsildar under this section, shall be binding on all persons and institutions claiming an interest in any such inam lands notwithstanding that such persons or institutions have not filed any application or statement, or adduced any evidence or appeared or participated in the proceedings before the Tahsildar or the Revenue Court, as the case may be.

Notes.

• The order of Tahsildar under Section 7 also becomes a nullity when the Tahsildar under suo-motu enquiry giving only the public notice contemplated under 3(3) but without giving individual notices to concerned persons under 3(5).
• The obligation on the part of the Tahsildar to give individual notices to the persons interested under the law under rule 3(5) of the Rules will arise only when he comes to know of the interestedness of the people by some method or other but not otherwise. (2001 ALT 281, AIR 2001 AP 210, 2001(1) ALD 134)
• The Correctness of the order under Section 3 can not be questioned in proceedings under Section 7.

4. Conversion of inam lands into ryotwari lands:-

1. In the case of an Inam land in a ryotwari or zamindari village the person or institution holding such land as inamdar on the date of commencement of this Act shall be entitled to a ryotwari patta in respect thereof.
2. In the case of an Inam land in an inam village:

a. If such a land is held by any institution on the date of commencement of this Act, such institution shall be entitled to a ryotwari patta in respect of that land;

Section 5 and 6 are related to tenants

7. Grant of ryotwari pata

1. As soon as may be after commencement of this Act and subject to the provisions of subsection (4), the Tahsildar may suo-motu and shall, on applications by a person or an institution, after serving a notice n the prescribed manner on all the persons or institutions interested in the grant of ryotwari pata in respect of the inam lands concerned and after giving them a reasonable opportunity of being heard ...
2. Any person or institution aggrieved by the grant of a ryotwari pata by the Tahsildar under sub-section (1) may appeal to the Revenue Court within sixty days from the date of such grant, and the Revenue Court may, after giving the parties to the appeal a reasonable opportunity of being heard pass such orders on the appeal as it thinks fit.

14-A Revision:-

(1) Notwithstanding anything contained in this Act, the Board of Revenue may, at any time either suo-motu or on application made to it, call for and examine the records relating to any proceedings taken by the Tahsildar, the Revenue Court or the Collector under this Act for the purpose of satisfying itself as to the regularity of such proceeding or the correctness, legality or propriety of any decision made or order passed therein and if any case, it appears to the Board of Revenue that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, it may pass orders accordingly.

(2) No order prejudicial to any persons shall be passed under sub-section

 

 

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