APE Act 9

धारा 9 · Determination of Inam Estates

(1)

As soon as may be after the passing of this Act and subject to the provisions of Section 9-A, the Settlement Officer may suo motu and shall on application, inquire and determine whether any inam village or hamlet or khandriga granted as inam in his jurisdiction is an inam estate or not.

(2)

Before holding the inquiry, the Settlement Officer shall cause to be published in the village or hamlet or Khandriga granted as inam in the prescribed manner, a notice requiring all persons claiming an interest in any land in the village or hamlet or Khandriga granted as inam to file before him statements bearing on the question whether the village or hamlet or Khandriga granted as inam is an inam estate or not.

(3)

The Settlement Officer shall then hear the parties and afford to them a reasonable opportunity of adducing all such evidence either oral or documentary as they may desire, to examine all such documents as he has reason to believe are in the possession of the Government and have a bearing on the question before him and give the decision in writing.

(4)

(a)

(i)Against a decision of the Settlement Officer under sub-section (3), the Government may, within one year from the date of the decision or if such decision was given before the commencement of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1957, within one year from such commencement, and any person aggrieved by such decision may, within two months from the date of the decision or such further time as the Tribunal may in its discretion allow, appeal to the Tribunal.

(ii)If, before the commencement of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1957, any order has been passed by the Tribunal dismissing an appeal filed by the Government against a decision of the Settlement Officer on the ground that the Government were not competent to file an appeal under this clause or that such appeal was time-barred, the Tribunal shall, on an application filed by the Government within one year from the commencement of the Amendment Act aforesaid, vacate the order already passed by it and pass a fresh order on merits.

(b)

Where any such appeal is preferred by an aggrieved person, the Tribunal shall give notice thereof to the Government and in the case of all appeals, whether by the Government or by an aggrieved person, the Tribunal shall cause to be published in the village or hamlet or Khandriga granted as inam in the prescribed manner, a notice requiring all persons who have applied to the Settlement Officer under sub-section (1) or filed before him statements under sub-section (2) to appear before it, and after giving them 2 and the Government a reasonable opportunity of being heard, give its decision.

(c)

The decision of the Tribunal under this sub-section shall be final and not be liable to be questioned in any Court of Law.

(5)

No decision of the Settlement Officer under sub-section (3) or of the Tribunal under sub-section (4) shall be invalid by reason of any defect in the form of the notice referred to in sub-section (2) or sub-section (4), as the case may be, or the manner of its publication.

(6)

Every decision of the Tribunal and subject to such decision, every decision of the Settlement Officer under this section shall be binding on all persons claiming an interest in any land in the village, or hamlets or khandriga granted as Inam notwithstanding that any such person has not preferred any application or filed any statement or adduced any evidence or appeared or participated in the proceedings before the Settlement Officer or the Tribunal as the case may be.

(7)

In the absence of evidence to the contrary, the Settlement Officer and the Tribunal may presume that an inam village or hamlet or khandriga granted as inam is an inam estate.

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