The KARNATAKA (BELGAUM AND GULBARGA AREAS) RELIGIOUS AND CHARITABLE INAMS ABOLITION ACT, 1973

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THE KARNATAKA (BELGAUM  AND GULBARGA  AREAS)  RELIGIOUS AND 
CHARITABLE INAMS ABOLITION ACT, 1973 
ARRANGEMENT OF SECTIONS 
Statement of Objects and Reasons 
Sections: 
CHAPTER I 
PRELIMINARY 
 1. Short  title, extent, application and commencement. 
 2. Definitions. 
CHAPTER II 
ABOLITION AND  VESTING OF INAMS IN THE STATE AND ITS CONSEQUENCES 
 3. Abolition, vesting of inams and the consequence thereof. 
 4. Permanent tenants to be registered as occupants on certain conditions. 
 5. Protected tenants to be registered as occupants on certain conditions. 
 6. Other tenants to be tenants under State Government. 
 7. Pujari,  archak,  etc.,  to  be  registered  as an occupant on certain conditions. 
 8. Lands  and  buildings to vest in the holder of a minor inam. 
 9. Lands  and buildings to vest in inamdar. 
 10. Determination of claims for registration of occupancy and continuance of  tenancy. 
 11. Entries to be made in the record of rights. 
 12. Liability to pay land revenue to State Government. 
 13. Vesting of certain buildings situated in an inam. 
 14. Right to agricultural land used for non-agricultural purposes. 
 15. Savings of  right in certain cases. 
CHAPTER III 
AMOUNT PAYABLE 
 16. Amount Payable. 
 17. Deputy Commissioner to determine the amount. 
CHAPTER IV 
PROVISIONS APPLICABLE TO TENANTS UNDER GOVERNMENT 
 18. Application of this Chapter. 
 19. Rent. 
 20. Rights of tenants not alienable. 
 21. Rights of tenants to be heritable. 
 22. Termination of tenancy. 
 23. Procedure for termination of tenancy and recovery of rent. 
 24. Tenant when to be registered as occupant. 
 25. Extent of land which a person may be registered as an occupant. 
 
 
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CHAPTER V 
MISCELLANEOUS 
 26. Disposal of land vesting in the State Government. 
 27. Revision by the Divisional Commissioner. 
 28. Control by the Divisional Commissioner. 
 29. Revision by the State Government. 
 30. Appeal from orders under  sections 10,12,17 and 23. 
 31. Appeal to the High Court. 
 32. Wrong and excess payments to be recoverable as arrears of land revenue. 
 33. Enquiries by the Deputy Commissioner. 
 34. Fee payable on applications, petitions, etc., under this Act. 
 35. Jurisdiction of courts barred in certain cases. 
 36. Power to make rules. 
 37. Penalties. 
 38. Power to remove difficulties. 
 39. Laying of rules and orders  before the State Legislature. 
  Summary of Amendments 
* * * * 
STATEMENTS OF OBJECTS AND REASONS 
I 
 Act 26 of 1973.- Except  in the Bombay and Hyderabad areas of the State laws 
providing for abolition of religious and charitable inams are already inforce in the State. It 
is considered necessary to abolish such inams in these areas also, acquire all rights, title 
and interest of the inamdar and confer occupancy rights on the tenants. For the 
acquisition, only an amount equivalent to  one year's net income of the inam is proposed 
to be paid annually so long as the religious and charitable institution exists. 
 (Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 15-6-1972 as  
No.235 at page 27.) 
II 
 Amending Act  53 of 1976.-  Section 16 of the Mysore (Bombay and Hyderabad 
Areas) Religious and Charitable Inams Abolition Act, 1973 provides the quantum of 
compensation payable as annuity at twenty-five times the land revenue.  It is proposed 
to revise this quantum so as to be equal to the rent permitted under the Karnataka Land 
Reforms Act, 1973 and also make changes with reference to certain incidental matters 
consequent on the alteration of the States name. 
 (Obtained from L.A. Bill No. 35 of  74). 
 
 
 
 
 
 
 
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1[KARNATAKA]1 ACT NO. 26 OF 1973 
(First published in the 1[Karnataka]1 Gazette on the Thirteenth  day of December, 1973) 
THE 1[KARNATAKA]1 1[(BELGAUM AND GULBARGA AREAS)]1 RELIGIOUS AND 
CHARITABLE INAMS ABOLITION ACT, 1973) 
(Received the assent of the President on the Twenty-Sixth day of November, 1973) 
(As amended by Act 53 of 1976) 
 An Act to provide for the abolition of religious and charitable inams in the 
1[Belgaum and Gulbarga Areas]1 of the State of 1[Karnataka]1. 
 W HEREAS it is expedient in the public interest to provide for the abolition of religious 
and charitable inams in the 1[Belgaum and Gulbarga Areas]1 of the State of 1[Karnataka]1 
and for other matters connected therewith; 
 B E it enacted by the 1[Karnataka]1 State Legislature in the Twenty-fourth year of the 
Republic of India as follows:- 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
CHAPTER I 
PRELIMINARY 
 1. Short title, extent, application and Commencement.- (1) This Act may be 
called the 1[Karnataka]1 1 [(Belgaum and Gulbarga Areas)] 1 Religious and Charitable 
Inams Abolition Act, 1973. 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
 (2) It extends to the 1[Belgaum and Gulbarga Areas]1 of the State of 1[Karnataka]1. 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
 (3) It applies to inams held by or for the benefit of charitable or religious institutions in 
the 1[Belgaum and Gulbarga Areas] 1 of the State of 1[Karnataka]1 but does not apply to 
revenue free sites granted by the State Government for the construction of schools, 
colleges, hospitals, dispensaries, religious or charitable institutions or other public works 
from which no profits is intended to be derived. 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
 (4) It shall come into force on such 1[date]1 as the State Government may, by 
notification, published in the official Gazette, appoint. 
  1. Notification bringing the Ac t into force is not available. 
 2. Definitions.- (1) In this Act, unless the context otherwise requires,- 
 (a) ''the Act'' means the 1[Karnataka]1 Land Revenue Act, 1964 (1[Karnataka]1 Act 12 
of 1964); 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
 (b) ''appointed date'' means the date appointed under sub-section (4) of section 1; 
 (c) 1[Belgaum and Gulbarga Areas] 1 means the areas referred to in clauses (b) and 
(c) of sub-section (1) of section 7 of the States Re-organisation Act, 1956 (Central Act 37 
of 1956); 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
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 (d) ''Deputy Commissioner'' includes any officer not below the rank of an Assistant 
Commissioner authorised by the State Government by notification published in the 
official gazette, to exercise the powers of a Deputy Commissioner under this Act; 
 (e) "inam'' includes an inam village and a minor inam; 
 (f) ''inamdar'' means a religious or charitable institution owning an inam; 
 (g) ''inam land'' means land held by or on behalf of a religious or charitable 
institution as an inam and includes land held as Mashruth-ul-Kidmat Madath-a -Mash 
and also lands endowed as wakf-e-tamal and Wakf-e-nama; 
(h) ''inam village'' means a village or porti on of a village or hamlet or khandriga held 
by or on behalf of a religious or charitable institutions as an inam: 
  (i) ''land records'' means records maintained under the provisions of or for the 
purposes of the Act or any other law relevant for the purposes of this Act; 
 (j) ''minor inam'' means an alienated hold ing other than an inam village, situated in 
an alienated village or in an un-alienated village; 
 (k) "permanent tenant'' means a person who under the Act is entitled to a tenancy in 
respect of any land used for agricultural purposes, the duration of which is co-extensive 
with the duration of the tenure of the inamadar,  but, where the inamdar is an institution 
of religious worship shall not include a person rendering religious service in or 
maintaining the institution as a pujari, archak, mulla, kazi, mutawalli, muthsaddi, priest or 
holder of a similar office by whatever nam e called or a person rendering any service in 
any such institution and enjoying the benefit 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; 
 (l) ''protected tenant'' means a tenant of any land comprised in an inam if he has 
held it continuously and cultivated personally for a period of not less than twelve years 
prior to the appointed date and includes,- 
 (i) in the 1[Belgaum  Area] 1 a person who was recognised to be a protected 
tenant under the Bombay Tenancy and Agricultural Lands Act, 1948, as was 
in force in that area, 
 (ii) in the 1[Gulbarga Area]1 a person who was deemed to be a  protected tenant 
under the Hyderabad Tenancy and Agricultural Lands Act, 1950, as was in 
force in that area, 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
prior to the coming into force of the 1[Karnataka]1 Land Reforms Act, 1961 ( 1[Karnataka]1 
Act 10 of 1962), but, where the inamadar is an institution of religious worship shall not 
include a person rendering religious service in or maintaining the institution as a pujari, 
archak, mulla, kazi, mutawalli, muthsaddi, priest or the holder of a similar office by 
whatever name called or a person rendering any service in any such institution 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. 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
 Explanation.- (1) If the tenant came to hold the land by inheritance or succession 
from another person or if he has held such  land as a tenant and is an heir to such 
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person, the period during which such other person held such land as a tenant shall be 
included in calculating the period of twelve years under this clause; 
 (2) If the tenant holding the land held, as a tenant. at any time within the twelve 
years before the appointed  day  from the sa me landlord in the same village any other 
land which he cultivated personally, the period during which he held such other land 
shall be included in calculating the period of twelve years under this clause; 
 (3) Where any land is held by two or more persons jointly as tenants all such 
persons shall if any one of them cultivated and continues to cultivate such land 
personally be deemed to be protected tenants in respect of such land; 
 (4) If a tenant had sub-let a land on account of any temporary disability, he shall be 
deemed for purposes of his acquiring rights of protected tenant to continue in 
possession and cultivate the land personally for the period of the sub-lease; 
 (m) "prescribed'' means prescribed by rules made under this Act: 
 (n) "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 and entered as a religious or charitable inam 
(by whatever name called),- 
 (i) in the 1[Belgaum  Area]1, in the alienation register or inams register maintained 
under the law relating to land revenue; and 
 (ii) in the 1[Gulbarga Area] 1 in the Book of Endowments maintained under the 
Hyderabad Endowment Regulation, 1958 Fasli or the land records; 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
 Explanation.-If any question arises whether any grant is a religious or charitable 
inam, such question shall be referred to the State Government whose decision shall be 
final. 
 (2) The words and expressions used, but not defined in this Act, shall have the 
meanings assigned to them in the Act or the 1[Karnataka]1 Land Reforms Act, 1961 
(1[Karnataka]1 Act 10 of 1962). 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
CHAPTER II 
ABOLITION AND VESTING  OF INAMS IN THE STATE AND ITS CONSEQUENCES 
 3. Abolition, vesting  of inams and the consequence thereof.- (1) 
Notwithstanding anything contained in any contract, grant or other instrument or in any 
other law for the time being in force, with effect from and on the appointed date all 
religious or charitable inams in the 1[Belgaum and Gulbarga Areas] 1 of the State shall 
stand abolished. 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
 (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 or alienated holding shall be 
deemed to have been repealed in their application to the 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 inam or alienated holdings; 
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 (b) all rights, title and interest vesting in the inamdar including those in all 
communal lands, cultivated lands, un-cultivated 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 rents and land revenue including cesses and royalties accruing in respect 
of lands comprised in such inam on or after the appointed date shall be paid to the State 
Government and not to the inamadar 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 appointed date in respect of any such inam shall after such date, 
continue to  be recoverable from the inamadar 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 order for 
attachment passed before such date inrespect of such inams 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, 
muchlikas, maps, plans and other documents relating to the inam which the State 
Government may require for the administration thereof: 
 Provided that the State Government shall not dispossess any person who is 
personally cultivating land in the inam until the Deputy Commissioner or the 
1[Karnataka]1 Revenue Appellate Tribunal on appeal, if any, decide  that  such person is 
not actually entitled to be registered as the occupant or to be continued as a tenant 
under the provisions of this Act. 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
 Explanation.- For the purpose of this proviso, a person shall be deemed to be 
personally cultivating any land when he contributes his own physical labour or that of the 
members of his family in the cultivation of that  land; 
 (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 landlord and tenant shall as between the inamdar and 
tenant, whether permanent, protected or otherwise, be extinguished; 
 (j) the relationship of a superior holder and an inferior holder shall as between 
the inamdar and the holder of a minor inam be extinguished; 
 (k) permanent tenants and protected tenants and other 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 this Act, and any other rights and privileges 
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which  may have accrued to them shall cease and determine and shall not be 
enforceable against the State Government or such inamdar. 
 (3) Nothing contained in sub-section (1) and 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.  
 4. Permanent tenants to be registered as occupants on certain conditions.- (1) 
Subject to the provisions of sub-section (2) and of section 10 every permanent tenant of 
the inamdar shall, with effect from and on the appointed date, be entitled to be registered 
as an occupant in respect of all lands of which he was permanent tenant immediately 
before the appointed date. 
 (2) In addition to the annual land revenue payable in respect of the land, a 
permanent tenant entitled to be registered as an occupant of any land under sub-section 
(1) shall be liable to pay to the State Government as premium for acquisition of 
ownership of that land, an amount equal to twenty times the land revenue of such land 
and the amount of premium shall be payable in not more than ten annual instalments 
along with the annual land revenue and in default of such payment, the amount due shall 
be recovered as an arrear of land  revenue due on the land in respect of which it is 
payable: 
 Provided that premium of such land shall not exceed fifteen times the difference 
between the rent and land revenue payable immediately before the appointed date by 
the permanent tenant to the inamdar: 
 Provided further that where a  permanent tenant entitled to be registered as an 
occupant of land under sub-section (1) is shown, as an occupant in the settlement 
register and other records prepared under the Act or where the rent paid by a permanent 
tenant entitled to be registered as an occupant under sub-section (1), is equal to the land 
revenue, no premium shall be  payable under this sub-section. 
 5. Protected tenants to be registered as occupants on certain conditions.- (1) 
Subject to the provision of sub-section (2) and of section 10 every protected tenant of 
the inamdar shall, with effect from and on the appointed date be entitled to be registered 
as an occupant in respect of lands of which he was a protected tenant immediately 
before the appointed date. 
 (2) In addition to the annual land revenue payable in respect of the land, a protected 
tenant entitled to be registered as an occupant of any land under sub-section (1), shall 
be liable to pay to the State Government as premium for acquisition of ownership of the 
land, an amount equal to fifty times the land revenue of such land. The amount of 
premium shall be payable in not more than ten annual instalments along with the annual 
land revenue and in default of such payment, the amount due shall be recovered as an 
arrear of land revenue due on the land in respect of which it is payable. 
 6. Other tenants to be tenants under State Government.-  Every tenant of the 
inamdar other than a permanent tenant or a protected tenant shall, with effect from and 
on the appointed date and subject to the provisions of Chapter IV be entitled to be 
continued as a tenant under the State Government in respect of the land of which he 
was a tenant under the inamdar immediately before the date of vesting. 
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 7. Pujari, archak, etc., to be registered as an occupant on certain conditions.- 
(1) Where the inamdar is an institution of religious worship, a person,- 
  (i) rendering religious service in or maintaining the  institution as a pujari, 
archak, mulla, kazi, mutawalli, muthsaddi, priest 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 
appointed date 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, with effect from and on the appointed date and subject to the provisions of sub-
section (2) and of section  25 be entitled to be registered as an occupant of such land. 
 (2) In addition to the annual land revenue payable in respect of the land, the person 
entitled to be registered as an occupant of any land under sub-section (1) shall be liable 
to pay to the State Government as premium for acquisition of ownership of that land an 
amount equal to one hundred times the land revenue of such land. The amount of 
premium shall be payable in not more than ten annual instalments along with the annual 
land revenue and in default of such payment, the amount due shall be recovered as an 
arrear of land revenue due on the land in respect of which it is payable. 
 8. Lands and buildings to vest in the holder of a minor inam.- (1) Subject to the 
provisions of sub-section (3), every holder of a minor inam shall, with effect from and on 
the appointed date, be entitled to be registered as an occupant of all lands which 
immediately before the appointed date were included in his holding, other than,- 
 (i) communal lands, un-cultivated lands, waste lands, gomal lands, forest lands, 
tank beds, mines, quarries, rivers, streams, tanks and irrigation works; 
 (ii) lands in respect of which any person is entitled to be registered under section 
4 or section 5 or section 7 or is entitled to be continued as a tenant under section 6 and 
also the extent of land in respect of which the said person is not entitled to be registered 
in view of the restrictions in section 10 or section 25 as the case may be; and 
 (iii) lands upon which buildings owned by any person other than the holder of the 
minor inam have been erected. 
 (2) Subject to the provisions of sub-section (3) every building situated within the 
limits of the minor inam and  which was owned immediately before the appointed date by 
the holder of the minor inam shall, with effect from and on the appointed date, vest in the 
holder of the minor inam. 
 (3) Notwithstanding anything contained in any law for the time being in force, the 
holder of a minor inam shall not be entitled to alienate the lands or the building vesting in 
him under sub-section (1) or sub-section (2), except by way of a simple mortgage to a 
society or a bank registered under the 1[Karnataka]1 Co-operative Societies Act, 1959 
(1[Karnataka]1 Act 11 of 1959) or to the State Bank of India  and its subsidiaries or a 
bank specified in column (2) of the First Schedule to the Banking Companies 
(Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970) or to a 
company or a corporation owned by or in whic h not less than fifty percent of the share 
capital is held by the State Government or the Central Government or partly by the State 
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Government and partly by the Central Government and which has been set up with a 
view to provide agricultural credit to cultivators: 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
 Provided that nothing in this sub-section shall apply to any alienation effected with the 
previous sanction of the prescribed authority. 
 9. Lands and buildings to vest in inamdar.- (1) Subject to the provisions of sub-
section (3) , every inamdar shall, with effect from and on the appointed date, be entitled 
to be registered as an occupant of all lands other than,- 
 (i) communal lands, un-cultivated lands, waste lands, gomal lands, forest lands, 
tank beds, mines, quarries, rivers, streams, tanks and irrigation works; 
 (ii) land in respect of which any person is entitled to be registered under section 
4, section 5,  section 7 or section 8 or is entitled to continue as a tenant under section 6 
and also the extent of land in respect of which the said person  is not entitled to be 
registered in view of the restrictions in section 10 or section 25, as the case may be; and 
 (iii) lands upon which buildings owned by any person other than the inamdar have 
been erected.   
 (2) Subject to the provisions of sub-section (3), every building situated within the 
limits of the inam which was owned immediately before the appointed date by the 
inamdar shall, with effect from and on the appointed date, vest in the inamdar. 
 (3) Notwithstanding anything contained in any law for the time being in force, an 
inamdar shall not be entitled to alienate the land or the building vesting in him under sub-
section (1) or sub-section (2) except by way of a simple mortgage to a society or a bank 
registered under the 1[Karnataka]1 Co-operative Societies Act, 1959 (1[Karnataka]1 Act 11 
of 1959) or to the State Bank of India and its subsidiaries or a bank specified in column 
(2) of the First Schedule to the Banking Companies (Acquisition and Transfer of Under-
takings) Act, 1970 (Central Act 5 of 1970) or to a company or a corporation owned by or 
in which not less than fifty per cent of the share capital is held by the State Government 
or the Central Government or partly by the State Government and partly by the Central 
Government and which has been set up with a view to provide agricultural credit to 
cultivators: 
 Provided that nothing in this section shall apply to any alienation effected with the 
previous sanction of the prescribed authority. 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
 Explanation.- In this section ''Inamdar'' means an inamdar other than a holder of 
minor inam referred to in section 8. 
 10. Determination of claims for registration of occupancy and continuance of 
tenancy.- (1) A person  entitled to be registered as an occupant under section 4 or 
section 5 or section 7 or section 8 or section 9, as the case may be, or to be contained 
as a tenant under section 6 may, in such form and manner as may be prescribed, make 
an application to the Deputy Commissioner within twelve months from the appointed 
date: 
 Provided that the Deputy Commissioner may on sufficient cause being shown accept 
such application after the expiry of twelve months but in no case he shall accept any 
application after the expiry of three years: 
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 Provided further that the right of any person to be registered as an occupant shall 
after the expiry of the said period of three years stand extinguished and the land shall 
vest in the State absolutely. 
 (2) On receipt of the application under sub-section (1) or suo motu, the Deputy 
Commissioner shall examine the nature  and hi story of all lands in respect of which a 
permanent tenant, protected tenant, the person referred to in section 7, the holder of a 
minor inam or an inamdar claims to be registered as an occupant under section 4 or 
section 5 or section 7 or section 8 or section 9 as the case may be, or in respect of 
which any person claims to be continued as tenant under section 6 and call for such 
other information as  he may consider necessary and decide the land in respect of which 
the claim shall be allowed. 
 (3) Notwithstanding anything contained in section 4 or section 5, the Deputy 
Commissioner shall not allow the claim of any person  for  any land in excess of the 
ceiling area fixed under the 
1[Karnataka]1 Land Reforms Act, 1961 ( 1[Karnataka]1 Act 10 
of 1962) for the time being in force. 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
 11. Entries to be made in the record of rights.- (1) After the determination of 
claims under section 10, the Deputy Commissioner shall send the prescribed particulars  
of the decision to the officer maintaining the record of rights under the Act. 
 (2) On receipt of the particulars under sub-section (1) and notwithstanding anything 
contained in the Act, the officer concerned shall enter such particulars in the register.  
 12. Liability to pay land revenue to State Government.- (1) Every person, who 
becomes entitled to be registered as an occupan t under section 4 or section 5 or section 
7 or section 8 or section 9, 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 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 settlements; and 
  (b) in the case of an inam to which survey and settlement has not been 
introduced under the Act, an amount equal to the land revenue assessment levied on 
the same extent of similar land, in an adjoining unalienated village  
 (2) The Deputy Commissioner shall, after making such inquiry as he thinks fit, 
determine the land revenue payable under clause (b) of sub-section (1). 
 13. Vesting of certain building situated in an inam.-  Every private building other 
than buildings  which vest under sections 8 and 9 situated within the limits of an inam 
shall, with effect from and on the appointed date, vest in the person who owned it 
immediately before that date. 
 14. Right to agricultural land used for non-agricultural purposes.- Where any 
land used for agricultural purposes has been converted for any purposes not connected  
with agriculture, the holder of such land shall be entitled to keep the land, provided that 
such conversion was not void or illegal under any law in force at the time. 
 15. Saving or right in certain cases.- (1) Where before the appointed date an 
inamdar has created any right in any land which vests in the State Government, other 
than land registered under section 8 or section 9 (whether by way of lease or otherwise) 
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including rights in any mines or minerals qurries, fisheries, forests or ferries, the 
transaction shall be deemed to be valid and all rights and obligations arising thereunder 
on or after the appointed date shall 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 
land registered under section 8 or section 9, the State Government may if in its opinion it 
is in the public interest so to do. by giving notice 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 of the notice. 
 (2) The person whose right has been terminated by the State Government under the 
second proviso to sub-section (1) 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. 
CHAPTER III 
AMOUNT PAYABLE 
 16. Amount payable.-  In respect of an inam vesting in the State Government under 
this Act, the State Government shall so long as the religious or charitable institution 
exists, pay to the inamdar every year an amount equal to 
1[ten]1 times the land revenue 
payable on the lands comprised in such inam. In the case of lands comprised in such 
inams, which are classified as dry but possesses facilities for irrigation from any source 
of water which is the property of State Government, the State Government shall pay 
annually to such inamdar an additional amount as specified below:- 
 (i) where two crops of paddy can be  Rupees sixty six 
  raised  in a year or where sugarcane per acre.  
  can be  raised. 
 (ii) where one crop of paddy can be Rupees forty four  
  raised  in a year . per acre. 
 (iii) where semi-dry, crops can be grown  Rupees twenty two 
   per acre. 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
 17. Deputy Commissioner to determine the amount.- (1) The Deputy 
Commissioner shall by order determine the amount payable to an inamdar under section 
16. 
 (2) A copy of every order passed under sub-section (1) shall be furnished to the 
inamdar concerned. 
CHAPTER IV 
PROVISIONS APPLICABLE TO TENANTS UNDER GOVERNMENT 
 18. Application of this Chapter.- The provisions of this Chapter shall apply to the 
tenants continued under section 6. 
 19. Rent.-  Every tenant shall pay annually to the State Government rent which was 
being  paid by him to the inamdar immediately before the appointed date: 
 12
 Provided that such rent shall in no case exceed ten times the land revenue payable in 
respect of such land plus in the case of lands classified as dry but possessing facilities 
for irrigation from any source of water which is the property of the State Government,- 
 (i) where two crops of paddy can  Rupees sixty six 
  be raised  in a year or where per acre.  
  sugarcane can be  raised. 
 (ii) where one crop of paddy can be raised Rupees forty four per    
 in a year. acre.  
 (iii) where semi-dry, crops can be grown Rupees twenty two per   
  acre: 
 Provided further that in the area notified by the State Government as malnad area, 
the rent in respect of the lands specified as dry land but exclusively used only for grazing 
or removing leaves shall be equal to the land revenue payable for such lands. 
 20. Rights of tenants not alienable.-  Subject to the provisions of this Act a tenant 
shall not be entitled to alienate  the land in respect of which he continues as a tenant 
under section 6 except by way of a simple  mortgage to a co-operative society or a bank 
registered under the 1[Karnataka]1 Co-operative Societies Act, 1959 (1[Karnataka]1 Act 11 
of 1959), or the State Bank of India and its subsidiaries or a bank specified in column (2) 
of the First Schedule to the Banking Companies (Acquisition and Transfer of 
Undertaking) Act, 1970 (Central Act 5 of 1970) or to a company or a corporation, owned 
or in which not less than fifty per cent of the share capital is held by the  State 
Government or the Central Government or partly by the State Government and partly by 
the Central Government and which has been set up to provide agricultural credit to 
cultivators. 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
 21. Rights of tenants to be heritable- When a tenant dies the State Government 
shall be deemed to have continued the tenancy to the heirs of such tenant on the same 
terms and conditions on which such tenant was holding the land at the time of his death. 
 22. Termination of tenancy.- The tenancy of any land held by a tenant shall not be 
terminated unless such tenant,- 
 (a) has done any act which is destructive or permanently injurious to the land; or 
 (b) has used such land for  a purposes other than agriculture; or 
 (c) has sub-let the land or assigned any interest therein except to the extent provided 
in section 20: 
 Provided that nothing in clause (c) shall apply to sub-letting of any land held by a 
tenant who is a widow or a minor or who is subject to physical or mental disability. 
 23. Procedure for termination of tenancy and recovery of rent.-   (1) Where a 
tenancy is liable to be terminated under the provision of section 22, the Assistant 
Commissioner shall after giving an opportunity to the tenant to show cause why his 
tenancy should not be terminated, by an order in writing served on the tenant, terminate 
the tenancy and direct the tenant to quit the land within sixty days from the date of 
service of the order. 
 13
 (2) If any person refuses or fails to comply with an order under sub-section (1), the 
Tahsildar may evict that person from and take possession of the land and may for that 
purpose use such force as may be necessary. 
 (3) Any person aggrieved by an order under sub-section (1), may within sixty days 
from the date of service of the order, prefer an appeal in writing to the Deputy 
Commissioner who may, after calling for a report from the Assistant Commissioner and 
after affording a reasonable opportunity to the appellant to be heard, pass such orders 
thereon as he thinks fit. 
 (4) Any arrears of rent due from a tenant shall be recoverable as an arrear of land 
revenue. 
 24. Tenant when to be registered as occupant.- (1) A tenant may, at any time after 
the commencement of this Act apply to the Deputy Commissioner in the prescribed 
manner for being registered as an occupant in respect of the land of which he is a 
tenant. 
 (2) The tenant shall be liable to pay to the State Government as premium for being 
registered as an occupant an amount equal  to one hundred times the land revenue 
payable on that land. Such amount shall be payable in such number of annual 
instalments not exceeding ten  and on or before such date as may be fixed by the 
prescribed authority.  
 (3) On payment to the State Government of such amount the tenant shall, subject to 
the provisions of section 25, be registered as an occupant of such land. 
 (4) Notwithstanding anything  contained in the preceding sub-sections, where the 
tenant is in possession of land in excess of the extent specified in section 25, he shall  
not be registered as an occupant unless he surrenders to the prescribed authority such 
excess extent. 
 (5) In respect of the land of which the tenant is registered as an occupant under this 
section he shall be liable to pay the land revenue and the provision of section 12 shall 
mutatis mutandis apply in this behalf. 
 25. Extent of land which a person may be registered as an occupant.- The extent 
of land in respect of which is a person referred to in section 7, 8, 9 or 24 shall be entitled  
to be registered as occupant shall not together with any land held by him exceed such 
extent as may be prescribed. 
CHAPTER V 
MISCELLANEOUS 
 26. Disposal of land 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 provisions of 
section 77 of the 1[Karnataka]1 Land Reforms Act, 1961. 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
 27. 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 and if he considers that such order is erroneous in so 
far as it is prejudicial to the interests 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 
 14
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  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 purposes of this section, 
any period during which any proceedings under this section is stayed by an order or an 
injunction by any court shall be excluded. 
 28. 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 arrangements for the 
administration there of ; 
 (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. 
 29. Revision by the State Government.- The State Government may cancel or 
revise any order passed by the Divisional Commissioner under section 28. 
 30. Appeal from orders under sections 10,12,17 and 23.-  Against any decision of 
the Deputy Commissioner under sections 10, 12, 17 and 23 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 
1[Karnataka]1 Revenue Appellate Tribunal whose decision shall be final. 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
 (2) If any question arises, whether any building falls within the scope of sub-section 
(2) of section 8 or sub-section (2) of section 9 or section 13, it shall be referred to the 
1[Karnataka]1 Revenue Appellate Tribunal, whose decision shall be final. 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
 31. Appeal to the High Court.- (1) Any person aggrieved by an order of the 
Divisional Commissioner under section 27 may appeal to the High Court within ninety 
days from the date on which the order was communicated to him. 
 (2) The High Court shall after giving both the parties to the appeal a reasonable 
opportunity of being heard pass such order thereon as it thinks fit. 
 32. 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 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 arrear of land revenue. 
 33. 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 sub-
ordinate to him to hold enquires on his behalf under this Act: 
 15
 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. 
 34. Fee payable on applications, petitions, etc, under this Act.- Notwithstanding 
anything contained in the 1[Karnataka]1 Court-fees and Suits Valuation Act, 1958 
(1[Karnataka]1 Act 16 of 1958), the fees payable on any application, memorandum or 
appeal or petition under this Act or rules made thereunder shall be such as may be 
prescribed. 
  1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976  
 35. 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 Govern ment 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 10, 12, 17 and 23 of this Act; or 
  (ii) relating to an order made by the Divisional Commissioner under section 27, 
and in respect of which a right of appeal has been conferred by section 30 or 31. 
 36. Power to make rule.- (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. 
 37. Penalties.- (1) If any person,- 
 16
  (a) wilfully fails or neglects to comply with any lawful order passed under this Act 
or contravenes any 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 inf

Excerpt shown. Open the full act in Lexace.

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