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KARNATAKA CERTAIN INAMS ABOLITION ACT, 1977
KARNATAKA CERTAIN INAMS ABOLITION ACT, 1977
10 of 1978
11th NOVEMBER, 1976
An Act to provide for the abolition of certain inams in the State of Karnataka. Whereas, laws providing for abolition of certain personal, religious and charitable inams in the State, are already in force. Whereas, in certain areas of the State certain categories of inams are still existing. Whereas it is expedient in the public interest to provide for the abolition of all such remaining inams. Be it enacted by the Karnataka State Legislature in the Twenty-eighth year of the Republic of India as follows :-
`CHAPTER 1 Preliminary
Section1 Short title, extent and commencement
(1) This Act may be called the Karnataka Certain Inams Abolition Act, 1977.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
Section2 Application
This Act shall apply to all inams including inams in enclave villages other than those referred to in the following.
1.The Bombay Personal Inams Abolition Act, 1952 (Bombay Act XLI of 1953).
2.The Bombay Service Inams (Useful to Community) Abolition Act, 1953 (Bombay Act LXX of 1953).
3.The Bombay Merged Territories and Areas (Jagir Abolition) Act, 1953 (Bombay Act XXXIX of 1954).
4.The Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955 (Bombay Act XXII of 1955).
5.The Hyderabad Abolition of Inams Act, 1955 (Hyderabad Act VIII of 1955).
6.The Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Madras Act XXVI of 1948).
7.The Karnataka (Personal and Miscellaneous) Inams Abolition Act, 1954 (Karnataka Act 1 of 1955).
8.The Karnataka (Religious and Charitable) Inams Abolition Act, 1955 (Karnataka Act XVIII of 1955).
9.The Bombay Paragana and Kulkarni Vatans (Abolition) Act, 1950 (Bombay Act LX of 1950).
10.The Karnataka Village Offices Abolition Act, 1961 (Karnataka Act 14 of 1961).
11.The Karnataka (Sandur Area) Inams Abolition Act, 1976 (Karnataka Act 54 of 1976).
Section3 Definitions
(1) In this Act, unless the context otherwise requires.
(a) "Act" means the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964);
(aa)"Appellate Authority" means the Appellate Authority constituted under Section 116-A of the Karnataka Land Reforms Act, 1961;
(b) "Appointed date" means the date appointed under sub-section (3) of Section 1;
(c) "Deputy Commissioner" includes any Officer not below the rank of an Assistant Commissioner authorised by the State Government, by notification, to exercise the powers of a Deputy Commissioner under this Act;
(d) "Enclave villages" means villages transferred from one State to another State according to the provisions of the Province and State (Absorption of Enclave) Order, 1950 and the India and Hyderabad (Exchange of Enclaves) Order, 1950;
22. Clause (da) inserted by Act No. 29 of 1984, w.e.f. 5-5-1984. (da) "Enfranchised inam" means an inam of which there is proof of enfranchisement as required under the Madras Enfranchised Inams Act, 1862 (Madras Act IV of 1862);
(e)"Inam" includes an inam village and a minor inam, a jagir, whethf personal, religious, charitable or otherwise;
(f)"Inamdar" means.
(i) in the case of a personal inam, a person holding in trust or owning for his own benefit an inam village or a share therein and includes the successors in interest of an inamdar; and
(a) where an inamdar is a minor or of unsound mind or an idiot, his guardian, committee, or other legal curator;
(b) where an inamdar is a joint Hindu family such joint Hindu family; and
(ii) in the case of a religious or charitable inam, the religious or charitable institution owning an inam;
(g) "Inam land" or "Inam village" means a land or village, as the case may be, held as an inam in trust or owned by a person for his own benefit;
(h) "Land records" means records maintained under the provisions of, or for the purpose of the Act or any other law relevant for the purposes of this Act;
(i) "Minor inam" means an alienated holding other than an inam village, situated in an alienated village or in an unalienated village;
(j) "Person" includes a religious or charitable institution and in the case of a joint Hindu family such joint Hindu family;
(k) "Personal inam" means a grant of a village or land with total or partial exemption from the payment of land revenue made to a person and entered in the land records as an inam, other than a 'devadaya' or 'dharmadaya' and does not include religious or charitable inam;
(l) "Religious institution" includes a temple;
(m) "Religious or charitable inam" means grant of a village, portion of a village or land with total or partial exemption from the payment of land revenue made to or for the benefit of a religious or charitable institution.
Explanation. If any question arises whether any grant is a personal inam or a religious or charitable inam such question shall be referred to the State Government whose decision shall be final;
(n) "Tribunal" means the Tribunal constituted under Section 48 of the Karnataka Land Reforms Act, 1961.
(2) The words and expressions used, but not defined in this Act, shall have the meaning assigned to them in the Act or the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962).
CHAPTER 2 Abolition and vesting of inams in the State and its consequences
Section4 Abolition, vesting of inams and the consequences thereof
(1) Notwithstanding anything contained in any contract, grant or other instrument or in any decree or order of Court or in any other law for the time being in force, with effect from and on the appointed date, the inam tenure of all inams and minor inams to which this Act applies under Section 2 shall stand abolished.
(2) Save as otherwise expressly provided, in this Act with effect from and on the appointed date, the following consequences shall ensue, namely.
(a) the provisions of the Act relating to inams of alienated holdings shall be deemed to have been repealed in their application to inam or alienated holding and the provisions of the Act and all other enactments applicable to unalienated villages or lands shall apply to the said inams or alienated holding;
(b) all rights, title and interest vesting in the inamdar including those in all communal lands, cultivated lands, uncultivated lands, whether assessed or not, waste lands, pasture lands, forests, mines and minerals, quarries, rivers and streams, tanks and irrigation works, fisheries, and ferries shall cease and be vested absolutely in the State Government, free from all encumbrances;
(c) the inamdar shall cease to have any interest in the inam other than interests expressly saved by or under the provisions of this Act;
(d) all land revenue including the cesses and royalties accruing in respect of lands comprised in such inam villages or minor inams on or after the date of vesting shall be paid to the State Government and not to the inamdar and any payment made in contravention of this clause shall not be valid;
(e) all arrears of land revenue, whether as jodi or quit rent and cesses remaining lawfully due on the date pf vesting in respect of any such inam village or minor inam shall, after such date continue to be recovered from the inamdar by whom they were payable and may, without prejudice to any other mode of recovery, be realised by the deduction of the amount of such arrears and cesses from the amount payable to such inamdar under this Act;
(f) no such inam shall be liable to attachment in execution of any decree or other process of any Court and any attachment existing, on the date of vesting or any other order for attachment passed before such date in respect of such inam village or minor inam shall cease to be in force;
(g) the State Government may, after removing any obstruction that may be offered, forthwith take possession of the inam and all accounts, registers, pattas, muchalikas, maps, plans and other documents relating to the inam which the State Government may require for the administration thereof;
(h) the inamdar whose rights have vested in the State Government under clause (b) shall be entitled only to such amount from the State Government as provided in this Act;
(i) the relationship of a superior holder and inferior holder shall, as between the inamdar and the holder of a minor inam, be extinguished;
(j) the tenants in the inam and persons holding under them and holders of minor inams shall, as against the State Government, be entitled only to such rights and privileges and be subject to such conditions as are provided for by or under the Karnataka Land Reforms Act, 1961 and any other rights and privileges which may have accrued to them in the inam before the date of vesting against the inamdar shall cease and determine and shall not be enforceable against the State Government or such inamdar.
(3) Nothing contained in sub-section (1) or sub-section (2) shall operate as a bar to the recovery by the inamdar of any sum which becomes due to him before the date of vesting by virtue of his rights as inamdar and any such sum may be recovered by him by any process of law which, but for this Act, would be available to him.
Section5 Right to be registered as occupants
Save as otherwise provided in this Act, with effect from and or the appointed date.
(1) every tenant of the inamdar or holder of a minor inam shall be entitled to be registered as an occupant of lands in respect of which he was a tenant immediately before First day of March, 1974;
(2)where the inamdar is an institution of religious worship, a person.
(i) rendering religious service in or maintaining the institution as a pujari, archak or the holder of a similar office by whatever name called, or
(ii) rendering any service in such institution, and personally cultivating for a continuous period of not less than three years prior to the First day of March, 1974, by contributing his own physical labour or that of the members of his family and enjoying the benefits of any land comprised in the inam of such institution without paying rent as such in money or in kind to that institution in respect of such land, shall be entitled to be registered as an occupant of such land;
(3) every inamdar including the holder of a minor inam, shall be entitled to be registered as an occupant of all lands it was personally cultivating immediately before the said date.
Section6 Certain lands not to be registered
No holder of a minor inam and no inamdar shall be entitled to be registered as an occupant of.
(i) communal lands, uncultivated lands, waste lands, gomal lands, forest lands, tank beds, mines, quarries, rivers, streams, tanks and irrigation works;
(ii) lands on which buildings owned by any person other than such holder of minor inam are erected.
Section7 Vesting of buildings
(1) Every building other than a building referred to in sub-section (2) situated within the limits of a minor inam or an inam which was owned immediately before the appointed date by the holder of a minor inam or the inamdar, as the case may be, shall with effect from such date vest in the holder of minor inam or the inamdar.
(2) Every private building situated within the limits of an inam shall, with effect from the said date, vest in the person who owned it immediately before that date.
(3) Notwithstanding anything in sub-sections (1) and (2), where a tenant is in occupation of a dwelling house on a site belonging to the Inamdar or the holder of a minor inam such tenant shall not be evicted therefrom but shall be conferred with ownership thereof and the site on payment of such amount as the Tribunal may fix having regard to.
(i) the land revenue payable on the land;
(ii) who constructed the dwelling house; and
(iii) such other factors as may be prescribed.
Section8 Right to agricultural land used for non-agricultural purposes
(1) Where any land used for agricultural purpose has been converted to non-agricultural purpose, the holder of such land shall, subject to the provisions of sub-section (3) of Section 7 and the other provisions of this section, be entitled to keep the land.
(2) Where the land converted was at the time of conversion in the occupation of a tenant and the converted land has not been put to non-agricultural use for which was converted, such land shall, subject to the other provisions of this Act, be registered in the name of the tenant:
Provided that if the State Government is satisfied that the holder had done everything possible to put such land into non-agricultural use but could not do so for reasons beyond his control it, may, by order in writing, permit the holder to retain the land: Provided further that in the case referred to in the preceding proviso, the tenant shall.
(i) notwithstanding anything in the Karnataka Land Reforms Act, 1961 be treated as a displaced tenant for purposes of Section 77 of that Act;
(ii) be paid an amount equal to one hundred times the land revenue of the land of which he was a tenant and the said amount -shall be deducted from the amount payable to the Inamdar under this Act.
Section9 Liability to pay land revenue to the State Government
(1) Every person who becomes entitled to be registered as an occupant under Section 5 in respect of any land shall with effect from and on the appointed date be liable to pay to the State Government as land revenue.
(a) in the case of an inam village to which survey and settlement has been introduced under the Act an amount equal to the land revenue assessment fixed on such land during such survey and settlement;
(b) in the case of an inam village to which survey and settlement has not been introduced under the Act an amount equal to land revenue assessment levied on the same extent of similar land in an adjoining unalienated village.
(2) The Deputy Commissioner shall, after such inquiry as he thinks fit, determine the land revenue payable under clause (b) of sub-section (1).
Section10 Saving of right in certain cases
(1) Where before the appointed date an inamdars has created any right in any land which vests in the State Government, other than land registered under Section 5 including rights in any mines or minerals, quarries, fisheries, ferries or forest, the transactions shall be deemed to be valid and all rights and obligations arising thereunder on or after the appointed date be enforceable by or against the State Government:
Provided that the transaction was not void or illegal under any law in force at the time:
Provided further that where such right was created in any land, unless it relates to lands registered under Section 5, the State Government may, if in its opinion, it is in the public interest to do so, by notice given to the person concerned, terminate the right with effect from such date as may be specified in the notice, not being earlier than three months from the date thereof.
(2) The person, whose right has been terminated by the State Government under the foregoing proviso, shall be entitled to an amount from the State Government equal to the estimated net income of such person from the land for the unexpired portion of the period for which the right was created, having regard to all the circumstances of the case.
(3)Any right or privilege exercised or enjoyed by any person in respect of uncultivated jamma lands immediately before the appointed date shall, notwithstanding anything in this Act, and until other provision is made in this behalf, continue to be exercised or enjoyed.
CHAPTER 3 CHAPTER
Section11 Procedure for registration as an occupant
11. Proviso inserted by Act No. 29 of 1984, w.e.f. 5-5-1984. (1) Every person entitled to be registered as an occupant under this Act shall make an application to the Tribunal constituted under the Karnataka Land Reforms Act, 1961 [on or before [31st day of March, 1991]]. Such application shall be disposed of by the tribunal as if it is an application made under the said Act.
[(2)
(a) From every decision or order passed by the Tribunal under this Act after the commencement of the Karnataka Land Reforms (Amendment) Act, 1986, an appeal shall lie to the Appellate Authority, and the Appellate Authroity shall send a copy of every order passed by it to the Tahsildar, the Secretary of the Tribunal and the parties concerned;
(b) The provisions of the Karnataka Land Reforms Act, 1961 applicable to enquiries, proceedings and conduct of business of Appellate Authority under the said Act including the provision of Section 121-1 thereof shall mutatis mutandis apply to enquiries, proceedings and conduct of business of the Appellate Authority under this Act.]
[Provided that where the inam is an enfranchised inam, such application by the inamdar including holder of a minor inam shall be made to the Tahsildar on or before the Thirty-first day of December, 1984. The application shall be decided by the Tahsildar after issuing individual notices to the concerned inamdars and after such verification and enquiry held in such manner as may be prescribed.]
Section12 Payment of premium, etc.
(1) The right of an inamdar or other person to be registered as an occupant under this Act shall be subjeci to the payment by him to the State Government of a premium as specified below:
(i) an inamdar : six times the land revenue of the lands to be registered;
(ii) other persons referred to in Section 5 : one hundred times the land revenue of the lands to be registered.
(2) The said right shall also be subject to the further condition that the land registered shall not be alienated in any manner or partitioned except with the previous sanction of the Deputy Commissioner and on payment of an amount equal to twenty times the land revenue of the lands concerned, which shall be in addition to the amount already paid as premium.
11. Proviso inserted by Act No. 29 of 1984, w.e.f. 5-5-1984. [Provided that such sanction shall not be necessary for an inamdar including the holder of a minor inam to alienate the land of which he is registered as an occupant in an enfranchised inam.]
CHAPTER 4 Determination of amount payable in respect of personal inams
Section13 Amount payable how determined
(1) The amount payable in respect of a personal inam shall be determined in accordance with the provisions of this Chapter.
(2) The amount shall be determined for the inam as a whole and not separately for each of the interests therein.
Section14 Amount payable
(1) The amount payable in respect of an inam other than a religious or charitable inam vesting in the State Government under this Act shall be the aggregate of the following, namely.
(i) a sum equal to ten times the net annual income from the lands held by the tenants entitled to be registered under Section 5 of this Act;
(ii) the value, as determined by the Forest Department of such of the sandalwood trees on the said land as are actually existing on the appointed day and registered in accordance with the rules made under the Karnataka Forest Act, 1963 (Karnataka Act 5 of 1964); and
(iii) in respect of the income from minor forest produce (other than sandalwood) an amount equal to three times the average net
Provided that where the particulars necessary to compute the average net annual income are not available for the full period, or where the particulars available appear in material respects to be incorrect, the computation may be made in such manner as may be prescribed.
(2) For purposes of sub-section (1), the net annual income shall be deemed to be.
(i) in respect of lands held by a permanent tenant, the land revenue of such lands less the proportionate land revenue, jodi, quit rent or peshkush paid by the Inamdar to the State Government, as determined in the prescribed manner;
(ii) in respect of lands held by other tenants, ten times the land revenue of such lands less the proportionate land revenue, jodi, quit rent or peshkush paid by the inamdar to the State Government, determined in the prescribed manner.
Section15 Payment of amount
(1) The amount shall be due as from the appointed date and shall carry interest at the rate of two and three-fourths per cent per annum from the appointed date to the date of payment.
(2) The amount payable under this Act, may, m accordance with the rules made in this behalf, be paid in one or more of the following modes, namely.
(i) in cash, in full or in annual instalments not exceeding ten;
(ii) in bonds, either negotiable or non negotiable, carrying interest at the rate specified in sub-section (1) and of guaranteed face value maturing within a specified period not exceeding ten years:
Provided that the amount payable under the bonds issued under this clause may be repaid in such number of instalments not exceeding ten as may be prescribed.
Section16 Interim payment
(1) Where the amount is not paid to an inamdar within a period of six months from the date of vesting, the State Government shall, subject to such restrictions and conditions as to security, repayment or otherwise, as may be prescribed, direct the payment to each such inamdar of interim amount which shall be equal to one-fifth of the estimated amount payable.
(2) Interest at the rate specified in sub-section (1) of Section 15 on the estimated amount payable or on the balance of the estimated amount payable or on the balance of the estimated amount after deducting the interim payment under sub-section (1) may be paid every year until the amount payable is determined under Section 17.
(a) if there are no persons interested in the amount other than such inamdar, to such inamdar;
(b) if there are persons other than the inamdar, interested in the amount who have made claims under Section 18, to such person or persons and in such proportions as all the persons interested in the amount may by agreement in writing specify.
(3) The interim amount payable under sub-section (1), and the interest payable under sub-section (2) may be paid in the prescribed manner.
Section17 Deputy Commissioner to determine total amount payable
(1)The Deputy Commissioner shall, after giving the applicant a reasonable opportunity to make his representation in regard thereto in writing or orally, determine in accordance with such of the foregoing provisions as may be applicable to the inam, the total amount payable in respect of the inam:
Provided that no such determination shall be made by the Deputy Commissioner without the previous approval of the State Government or such Officer as the State Government may appoint in this behalf.
(2) Any inamdar or other person interested may, within such time as may be prescribed or such further time as the Deputy Commissioner may, in his discretion allow, apply in writing to the Deputy Commissioner for a copy of the data on the basis of which he proposes to determine the total amount payable.
(3) On receipt of such application, the Deputy Commissioner shall furnish the data aforesaid to the applicant.
(4)A copy of every order passed under sub-section (1) shall be communicated to every inamdar concerned, and also to every applicant under sub-section (2).
Section18 Notices to persons interested in account
(1) As soon as may be after the appointed date the Deputy Commissioner shall.
(a) publish copies of the notification under sub-section (3) of Section 1, at a convenient place in and in the vicinity of the inam;
(b) cause public notice to be given at a convenient place in or near the inam, requiring that claims of all persons interested in the amount or in any portion thereof, including the inamdar, the members of his family claiming any such portion whether by way of a share or by way of maintenance or otherwise, and creditors whose debts are secured by the mortgage of or as a charge on the inam or any part thereof, other than lands and buildings which vest in the inamdar, under Section 5 or Section 7, shall be made to him, together with the nature and particulars of such claims, in person or by agent at a time and place therein mentioned, such time not being earlier than sixty days from the date of publication of the notice. Such notice shall also be published in the Official Gazette.
(2) Every claim against the amount payable which is not made to the Deputy Commissioner within the time aforesaid shall cease to be enforceable, except in cases where the Deputy Commissioner, for sufficient cause permits a claim to be made beyond the period aforesaid.
Section19 Apportionment of amount by the Deputy Commissioner
The Deputy Commissioner shall, after giving notice to all persons who claim under Section 18 and to any others whom he considers to be interested, make enquiry into the validity of the claims received by him and determine the persons who, in his opinion, are entitled to the amount and the amount to which each of them is entitled.
Section20 Procedure for apportionment of amount
(1) As a preliminary to such determination, the Deputy Commissioner shall apportion the amount among the inamdar and any other persons whose rights or interests in the inam have passed to and vested in the State Government under clause (b) and sub-section (2) of Section 4 including persons who are entitled to be maintained from the inam and its income, as far as possible, in accordance with the value of their respective interests in the inam.
(2) The value of the interests shall be ascertained in such manner as may be prescribed.
Section21 Claims of creditors
(1) After the amount has been apportioned among the persons referred to in Section 20 or where it is more convenient to do so pending the apportionment, the Deputy Commissioner shall take into consideration the application of the secured creditors referred to in Section 19 and decide the amount to which each such creditor is entitled and the person or persons out of whose share or shares of the amount such amount should be paid:
Provided that any amount due to the State Government either as land revenue or otherwise shall first be deducted from the amount payable.
(2) The amount payable by the State Government to secured creditors on account of holding any mortgage or charge, notwithstanding anything contained in any law for the time being in force, shall not exceed the amount payable in respect of the inam or portion thereof.
Section22 Devolution of interest in amount
Where it is alleged that the interest of any person entitled to receive payment of any portion of the amount has devolved on any other person or persons whether by act of parties or by operation of law, the Deputy Commissioner shall, after giving the parties an opportunity of being heard, determine whether there has been any devolution of the interest and if so, on whom it has devolved.
CHAPTER 5 Amount payable in respect of religious or charitable inams
Section23 Amount payable
In respect of religious or charitable inams vesting in the State Government under this Act, the State Government shall so long as the religious or charitable institutions exist, pay to the inamdar every year a sum equal to ten times the land revenue payable on the land comprised in such inams.
Section24 Deputy Commissioner to determine the amount
(1)The Deputy Commissioner shall, by order, determine the amount payable to an inamdar under Section 23.
(2) A copy of every order passed sub-section (1) shall be furnished to the inamdar concerned.
CHAPTER 6 Miscellaneous
Section25 Extent of land of which a person may be registered as an occupant
The extent of land in respect of which a person referred to in Section 5 shall be entitled to be registered as an occupant shall not, together with any land held by him, exceed the extent fixed under the Karnataka Land Reforms Act, 1961.
Section26 Disposal of lands vesting in the State Government
Lands vesting in the State Government and in respect of which any person is not entitled to be registered as an occupant under this Act shall be disposed of in accordance with the rules framed from time to time under the Act for disposal of lands belonging to the State Government.
Section27 Revision by the Divisional Commissioner
The Divisional Commissioner may, at any time, call for and examine the record of any order passed by the Deputy Commissioner under Section 17 or Section 24 and if he considers that such order is erroneous in so far as it is prejudicial to the interest of the State Revenues he may, after making or causing to be made such enquiry as he deems necessary and after giving the person or persons affected a reasonable opportunity of being heard, pass such order thereon as the circumstances of the case justify including an order decreasing the amount payable or directing a fresh determination by the Deputy Commissioner:
Provided that no such order shall be made.
(1) where an appeal under Section 30 has been preferred; or
(2) after the expiry of four years from the date of the order sought to be revised.
Explanation. In computing the period of limitation for the purpose of this section, any period during which any proceeding under this section is stayed by an order or any injunction by any Court shall be excluded.
Section28 Control by the Divisional Commissioner
The Divisional Commissioner shall, within his jurisdiction have power.
(a)to superintend the taking over of inams and to make due arrangement for the administration thereof;
(b)to issue instructions for the guidance of the Deputy Commissioner;
(c)to cancel or revise any order of the Deputy Commissioner declaring whether a particular area is part of an inam or not.
Section29 Revision by the State Government
The State Government may cancel or revise any order passed by the Divisional Commissioner under Section 28
Section30 Appeal from orders under Sections 17, 19 and 24
(1) Against any decision of the Deputy Commissioner under Sections 17, 19 and 24, the State Government may, within six months from the date of the decision and any person aggrieved by such decision may, within ninety days from the date of the decision, appeal to the Karnataka Appellate Tribunal, whose decision shall be final.
(2) If any question arises, whether any building falls within the scope of sub-section (2) of Section 7, it shall be referred to the Karnataka Appellate Tribunal, whose decision shall be final.
Section31 Wrong and excess payments to be recoverable as arrears of land revenue
Where any payment made to any person is subsequently found to be not due to him or to be in excess of the amounts due to him by virtue of any order passed under this Act or otherwise, the amount which is passed under this Act or otherwise, the amount which is found to be not due or which is in excess, as the case may be, which cannot otherwise be adjusted by deduction from any amounts due to such person, shall be recoverable as if it were an arrears of land revenue.
Section32 Enquiries by the Deputy Commissioner
(1) The Deputy Commissioner may, by general or special order authorise any Officer not below the rank of a Tahsildar subordinate to him to hold enquiries on his behalf under this Act:
Provided that the Deputy Commissioner may in respect of any enquiry held by any such Officer direct such Officer to hold a fresh or further enquiry or himself hold a fresh or further enquiry if in his opinion a fresh or further enquiry is necessary.
(2) In respect of every enquiry under this Act by the Deputy Commissioner or any Officer authorised under sub-section (1), the provisions of the Act relating to a formal enquiry shall apply, as if such enquiry is a formal enquiry under the Act.
Section33 Fee payable on applications, petitions, etc., under this Act
Notwithstanding anything contained in the Karnataka Court Fees and Suits Valuation Act, 1958 (Karnataka Act 16 of 1958), the fees payable on any application, memorandum of appeal or petition under this Act or rules made thereunder shall be such as may be prescribed.
Section34 Jurisdiction of Courts barred in certain cases
(1) No suit, prosecution or other proceeding shall lie against the State Government for any act done or purporting to be done under this Act or any rule made thereunder.
(2) No Officer or servant of the State Government shall be liable in any civil or criminal proceedings in respect of any act done or purporting to be done under this Act or any rule made thereunder, if the Act was done in good faith in the course of the execution of the duties or in the discharge of the functions imposed by or under this Act.
(3) In respect of any act done by any Officer or servant of the State Government under colour or in excess of any such duty or function, no suit, prosecution or other proceedings shall lie against such Officer or servant without the previous sanction of the State Government and no such suit, prosecution or other proceedings shall be instituted after the expiry of one year from the date of the act complained of.
(4) Notwithstanding anything contained in any law for the time being in force, a Civil Court shall not entertain any application or suit.
(i) connected with any matter which has to be decided by the Deputy Commissioner under Sections 17, 19 and 24 of this Act; or
(ii) relating to an order made by the Divisional Commissioner under Section 27 in respect of which a right of appeal has been conferred by Section 29 or 30.
Section35 Power to make rules
(1)The State Government may, by notification and subject to the condition of previous publication, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for.
(a) all matters expressly required or allowed by this Act to be prescribed;
(b) the procedure to be followed by the Deputy Commissioner and the Officers or authorities appointed or having jurisdiction under this Act;
(c) the time within which applications and appeals may be presented under this Act in cases for which no specific provision in that behalf is made herein;
(d) the application of the provisions of the Code of Civil Procedure, 1908 and the Limitation Act, 1963, to applications, appeals and proceedings, under this Act.
Section36 Penalties
(1) If any person.
(a) wilfully fails or neglects to comply with any lawful order passed under this Act or contravenes any such order; or
(b) offers resistance or obstruction to the Deputy Commissioner taking charge or possession of any property which is vested in the State Government under this Act; or
(c) furnishes information which he knows or has reason to believe to be false or does not believe to be true, he shall, on conviction by a Magistrate, be punishable with imprisonment which may extend to three months or with fine which may extent to two hundred rupees or with both.
(2) No prosecution under sub-section (1) shall be instituted except with the previous sanction of the Deputy Commissioner.
Section36A Transfer of cases
11. Section 36-A inserted by Act No. 29 of 1984, w.e.f. 5-5-1984. Any application pending before a Tribunal on the date of the commencement of the Karnataka Certain Inam Abolition (Amendment) Act, 1984, to which the proviso to Section 11 would be applicable if it were filed after such commencement, shall be transferred to the Tahsildar and shall be disposed of by him as if it had been filed before him.]
Section37 Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act, the State Government may make such order, not inconsistent with the provisions of this Act, as may be appear to it to be necessary for the purpose of removing difficulty: Provided that no such power shall be exercised after the expiry of a period of two years from the commencement of this Act.
Section38 Laying of rules and orders before the State Legislature
Every rule made under Section 35 and every order issued under Section 37 shall be laid as soon as may be after it is made or issued before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive session aforesaid, both Houses agree in making any modification in the rule or order or both Houses agree that the rule or order should not be made, the rule or order shall from the date on which the modification or annulment is notified by the State Government in the Official Gazette, have effect only in such modified form or be of no effect 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 or order.
RULE
KARNATAKA CERTAIN INAMS ABOLITION RULES, 1979
Whereas, the draft of the rules called the Karnataka Certain Inams Abolition Rules, 1978 was published as required by Section 35 of the Karnataka Certain Inams Abolition Act, 1977 (Karnataka Act 10 of 1978) in Notification No. GSR 358 (RD 40 IMA 78), dated 20th November, 1978, in Part IV, Section 2-C(i) of the Karnataka Gazette, dated 30th November, 1978, inviting objections and suggestions from all persons likely to be affected giving 30 days time from the date of issue of notification. And, whereas, copies of the said Gazette were made available to the public. And, whereas, no objections or suggestions have been received on the said draft. Now, therefore, in exercise of the powers conferred by Section 35 of the Karnataka Certain Inams Abolition Act, 1977 (Karnataka Act 10 of 1978) the Government of Karnataka, hereby makes the following rules, namely
Rule1 Title and commencement
(1) These rules may be called the Karnataka Certain Inams Abolition Rules, 1979.
(2) They shall come into force at once.
Rule2 Definitions
In these rules unless the context otherwise requires.
(a) "Act" means the Karnataka Certain Inams Abolition Act, 1977 (Karnataka Act 10 of 1978);
(b) "Form" means a form appended to these rules;
(c) "Section" means a section of the Act.
Rule3 Maintenance of a register regarding arrears of land revenue etc.
Immediately after the publication of the notification under sub-section (3) of Section 1, the Deputy Commissioner shall cause a register to be prepared and maintained showing in respect of each inam village or minor inam the arrears of all land revenue, whether as jodi or quit rent and cesses remaining lawfully due for the purpose of clause (e) of sub-section (2) of Section 4.
Rule4 Application for registration of occupancy rights
The application under Section 11 shall be in Form I, every application shall be restricted to a single inam. Where the application is made by any person other than the inamdar the inamadar shall be made a respondent to the application. If the application is made by the inamdar the Tahsildar shall be made a respondent in such application.
Rule4A Application for grant by holders of enfranchised inam lands
11. Rule 4-A inserted by GSR 254, dated 27-10-1984, w.e.f. 30-10-1984. (1) An inamdar including the holder of a minor inam entitled to the grant of enfranchised inam land shall make an application to the Tahsildar for such grant in Form 1-A;
(2) On receipt of the application under sub-rule (1), the Tahsildar may call upon the applicant to furnish any further particulars that may be required within such time as he may allow for the purpose;
(3) The Tahsildar shall ascertain from the Tribunal whether any applications have been made or declaration filed in respect of the same land or any portion thereof by any person other than the Inamdar claiming the registration of occupancy rights and if so the results thereof, and whether the order of the Tribunal, if any, on such application has become final. The Tahsildar shall also ascertain the names and addresses of the parties in all such applications filed before the Tribunal;
(4) On receipt of the particulars referred to in sub-rules (2) and (3), the Tahsildar shall fix a date for hearing, notice of which shall be given to the applicant and to all other interested persons mentioned in the applications, and also the parties in the applications, if any, filed before the Tribunal in respect of the same land;
(5) The notice under sub-rule (4) shall be served in the manner prescribed for service of notices under the Karnataka Land Revenue Act, 1964;
(6) On the date fixed for hearing or such other date to which the case may be adjourned, the Tahsildar shall after holding an inquiry in the manner prescribed for a formal inquiry under the Karnataka Land Revenue Act, 1964 may, if satisfied that the applicant is entitled, grant such land to the appellant:
Provided that where the particulars referred to in sub-rules (2) and (3) disclose that an application or declaration for registration of occupancy rights by any person other than the inamdar is pending before the Tribunal in respect of the same land or any portion thereof, the Tahsildar shall hold the inquiry only after such application or declaration is finally disposed of:
Provided further that the Tahsildar shall not grant to the Inamdar any land for which the right of occupancy has been conferred on any person other than the Inamdar by the Tribunal.
(7) Every decision or order under sub-rule (6) shall contain a full statement of the grounds on which it is made and shall be written and signed by the Officer, in which case a certificate to that effect shall be made and signed by such Officer in his own hand.]
Rule5 Certificate of registration
The Certificate of registration to be issued to a person as an occupant of a land shall be in Form II.
Rule6 Determination of the Amount payable
(1) The Deputy Commissioner shall prepare a statement of the amount payable in respect of each inam. The Amount payable shall be specified in figures and words in his own handwriting and he shall affix his signature against each entry.
(2) Fraction of a rupee less than fifty paise shall be disregarded and fraction of a rupee equal to or exceeding fifty paise shall be regarded as one rupee.
(3) Where the particulars necessary to compute the average not annual income under clause (iii) of sub-section (1) of Section 14 are not available for the full period of five years, the average not annual income derived by the inamdar during the period immediately preceding the date of vesting, for which the particulars are available shall be the average net annual income. Where the particulars are not available or where the particulars appear in material respects to be incorrect, the computation of the average net annual income shall be made after local enquiry and on the basis of the annual income derived from similar lands situated in the same locality.
Rule7 Determination of proportionate land revenue, jodi, quit rent or peshkush
The proportionate land revenue, jodi, quit rent or peshkush for the purpose of sub-section (2) of Section 14 in respect of any land shall be determined by multiplying the land revenue of the land in question by the fraction got by dividing the land revenue, jodi, quit rent or peshkush payable to Government by the inamdar in respect of the inam as a whole by a sum of the land revenue of all the lands comprised in the inam.
Illustration.If the land revenue of all lands comprised in the inam is A rupees and the land revenue jodi, quitrent or peshkush payable to Government in respect of the inam as whole is B rupees. The proportionate land revenue, jodi, quit rent or peshkush in respect of a land assessed to a land revenue of C rupees will be CxB/A rupees.
Rule8 Payment of amount
(1) The amount payable in respect of any inam other than religious or charitable inams does not exceed Rs. 12,000, it shall be paid in.........cash in full or at the request of the claimant in annual instalments not exceeding ten or in bonds as specified in clause (ii) of sub-section (2) of Section 15.
(2) In case the amount exceeds Rs. 12,000, the amount shall be paid at the request of the claimant in annual instalments not exceeding ten or in bonds as specified in clause (ii) of sub-section (2) of Section 15.
(3) Whenever an annual instalments becomes payable under sub-rule (1) or (2), the amount which will have accrued by way of interest on the entire amount remaining due, and payable in instalment shall be paid along with that instalment.
(4) The interest shall be paid half yearly from the date of vesting at the taluk treasury specified on the bond for payment.
Rule9 Interim Payment
(1) An application for interim payment shall contain particulars relating to the name, extent and situation and other particulars of the inam, the jodi, quit rent or khayamugutta, the names of co-sharers if any and the share of the applicant.
(2) An application under sub-rule (1) shall be duly verified in the manner provided for the verification of plaints in the Code of Civil Procedure, 1908 (Central Act V of 1908).
(3) Any interim amount paid shall be deducted from the total amount payable.
(4) The Interim payment shall be paid in cash.
(5) The person in whose favour an order of payment of interim amount has been passed shall if so required by the Deputy Commissioner, Execute a bond undertaking to repay the excess if any over the amount determined as the total amount payable.
Rule10 Application for supply of data under Section 17
.An application under sub-section (2) of Section 17 for a copy of the data on the basis of which the Deputy Commissioner proposes to determine the total amount payable shall be made by the inamdar or other persons interested, within two months from the date notified by the Deputy Commissioner in this behalf.
Rule11 Determination and Apportionment of amount and Disposal of Claim of Creditors
(1) The Deputy Commissioner shall determine the aggregate amount payable in respect of an inam to all the following persons considered as a single group.
(i) the persons who immediately before the date of vesting owned the inam (who are hereinafter called the owners) or in case of an inam which was the property of a Joint Hindu Family, immediately before the date of vesting the members of such family who were entitled to a share in the inam (who are hereinafter called the sharers);
(ii) Other persons who immediately before the date of vesting were entitled to maintenance out of the inam and its income either under the law governing the parties or under any decree or order of a Court, award or other instrument or contract in writing, which immediately before the date of vesting was binding on the owners (Such other persons being hereinafter called 'Maintenance holders').
(2) The Deputy Commissioner shall next determine if any, creditors are lawfully entitled under Section 21 to have their debts paid from and out of the assets of the inam and the amount to which each of them is so entitled and the remainder of the aggregate amount payable shall be divisible among the owners, sharers and maintenance holders as hereinafter provided.
(3) The Deputy Commissioner shall, in determining the amount payable to the maintenance holders and apportioning the same among them, have regard as far as possible, to the following considerations, namely.
(i) the amount payable in respect of the inam;
(ii) the number of persons to be maintained out of the inam;
(iii) the nearness of relationship of the person claiming to be maintained;
(iv) the other sources of the income of the claimant;
(v) the circumstances of a family of the claimant.
(4) The division of the remainder of the amount payable to the owners and sharers shall be effected as follows.
(a) in respect of owners, in proportion to their respective interest in the inam immediately before the date of vesting;
(b) in respect of sharers, as if they owned such amount as Joint Hindu Family and a partition thereof had been effected among them on the date of vesting.
Rule12 Places of Publication of Notices
(1) After the assessment roll of the total amount has been drawn up, the Deputy Commissioner shall cause a notice to be published in his office and in such place as he deems necessary.
(2) Copies of the notice shall be affixed on the notice board of the office of the Deputy Commissioner of District, Sub-Division Office, Taluk Office, Panchayat Office, in the Village Chavadi, and at a public place in the village in which the inam is situated.
(3) A copy of the notice along with a certified extract of the draft assessment roll of the basic annual sum shall be served on the Inamdar in the manner specified in the Code of Civil Procedure, 1908 (Central Act V of 1908).
Rule13 Application of the Limitation Act, 1963
The provision of Sections 4 and 5 of the Limitation Act, 1963 shall apply to all applications, appeals and proceedings under the Act as they apply to proceedings before the Court.
Rule14 Fee for application etc.
The fee payable under the Act or these rules shall be as follows.
(a)On every application-Two Rupees
(b)On every memorandum of appeal or petition-Three Rupees
(c)On every Vakalatnama-Three Rupees.
Rule15 Application of rules for payment of amount in bonds
In respect of payment of amount in bonds under sub-section (2) of Rule 8, the rules framed under the Karnataka Land Reforms Act, 1961 shall mutatis mutandis apply.
APPENDIX 1 FORM
FORM I
[See Rule 4]
Application under Section 4 for Registration of
Occupancy Rights
To
The Taluk,
Name, Age and Address Name, Age and Address of the of the Applicant
Respondent
1.
2.
3.
I am the tenant/sub-tenant/inamdar/person rendering service in ar Institution of religious
worship of the following land.
Name of landlord (s) and his/their addresses
Taluk
Village
Survey Number
Area Hects.
Assessment Rs.P.
Period for which applicant has been cultivating the land as tenant.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
I have been cultivating the land as a tenant/sub-tenant/ Inamdar/person rendering service in an Institution of religious worship for.........years.
I am interested in getting registered as an occupant of the land on the terms and conditions laid down in the Karnataka Certain Inams Abolition Act, 1977 (Karnataka Act 10 of 1978).
The family of which I am a member, hold the following lands in my name and in the names of my family
members other than those described above as owner tenant/or in any other capacity.
Taluk
Village
Survey No.
Area
Assessment
Capacity in which held
(1)
(2)
(3)
(4)
(5)
(6)
1. Self
2. Wife
3. Minor Children
4. Unmarried daughters
5. Any other particulars
Place:
Date: Signature of Applicant.
Verification
I am satisfied that no person other than those impleaded as respondent have any right, title or interest in the land to which the application relates.
Place:
Date:... Signature of the applicant.
APPENDIX 2 FORM
FORM 1-A
[See Rule 4-A]
Application under Proviso to Section 11 for registration of
occupancy rights
To
The Tahsildar,
Taluk
Name, Age and Address of the applicant
I am the Inamdar/holder of the enfranchised inam lands as detailed below.
Name of the Inamdar/Holder
Taluk Village
Sy. No.
Area acres Meets.
Assessment Rs. P.
Period for which applicant has been cultivatingthe land as inamdar
(1)
(2)
(3)
(4)
(5)
(6)
2. I am/am not the original inamdar of the land claimed for regrant/I came into possession of this land on by virtue of
(Nature of transaction, e.g., sale etc.)
3. I have been cultivating the land as inamdar/holder of the above lands which are enfranchised inam lands for......years.
4. I am interested in getting registered as an occupant of the enfranchised inam lands on the terms and conditions laid down in the Karnataka Certain Inams Abolition Act, 1977 (Karnataka Act 10 of 1978).
The family of which I am a member, hold the following lands in my name and in the names of my family members other than those described above as owner, tenant or in any other capacity.
Taluk
Village
Sy. No.
Area
Assessment
Capacity in which held
(1)
(2)
(3)
(4)
(5)
(6)
1. Self
2. Wife
3. Minor Children
4. Unmarried daughters
5. Any other particulars
6. I enclose certified copies/extracts of the following Documents in support of my claims.
1. R.T.C. extract of the land claimed for regrant;
2. Extract from the Inam Register in respect of the land claimed for regrant;
3. Inam title deed or other proof of enfranchisement of the land claimed for regrant;
4. Sale deed or other document by which I came in possession of the land claimed for regrant;
5. Original Challan for having credited the occupancy price or other proof of such payment, as required
under the Act."
Place:
Date: Signature of the Applicant.
APPENDIX 3 FORM
FORM II
Certificate of Registration of a Tenant as an Occupant of Land
Certified that Sri/Smt.................residing in the village of.........................in the Taluk of..................in the..........District, who has been determined by the...........as a person entitled to be registered as anoccupant under section of the Act in...........Order No...... . dated.......having paid the premium in lump sum of the last instalment of such premium in respect of the undermentioned lands of which he/she was a tenant, the said lands have been this day registered in his/her name.
Taluk and
Survey
Details of Iands
Village
No.
Extent
Assessment
Boundary
Amount of premium or last instalment as the case may be
Date of Registration
Taluk:
Date:
