LexThe KARNATAKA (SANDUR AREA) INAMS ABOLITION ACT, 1976
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Open in Lexace · Ask the AI about this actTHE KARNATAKA (SANDUR AREA) INAMS ABOLITION ACT, 1976
ARRANGEMENT OF SECTIONS
Statement of Object and Reasons
Section:
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 consequences thereof.
4. Right to be registered as occupants.
5. Certain lands not to be registered.
6. Vesting of buildings.
7. Right to agricultural land used for non-agricultural purposes.
8. Liability to pay land revenue to the State Government.
9. Saving of right in certain cases.
CHAPTER III
REGISTRATION AS AN OCCUPANT
10. Procedure for registration as an occupant.
11. Payment of premium, etc.
CHAPTER IV
DETERMINATION OF AMOUNT PAYABLE IN RESPECT OF PERSONAL INAMS
12. Amount payable how determined.
13. Amount payable.
14. Payment of amount.
15. Interim payment.
16. Deputy Commissioner to determine total amount payable.
17. Notice to persons interested in amount.
18. Apportionment of amount by the Deputy Commissioner.
19. Procedure for Apportionment of amount.
20. Claims of creditors.
21. Devolution of interest in amount.
2
CHAPTER V
AMOUNT PAYABLE IN RESPECT OF RELIGIOUS OR CHARITABLE INAMS
22. Amount payable.
23. Deputy Commissioner to determine the amount.
CHAPTER VI
MISCELLANEOUS
24. Extent of land of which the person may be registered as an occupant.
25. Disposal of lands vesting in the State Government.
26. Revision by the Divisional Commissioner.
27. Control by the Divisional Commissioner.
28. Revision by the State Government.
29. Appeal from order under section 8,16 and 24.
30. Wrong and excess payments to be recoverable as arrears of land
revenue.
31. Enquires by the Deputy Commissioner.
32. Fee payable on application, petitions etc., under this Act.
33. Jurisdiction of courts barred in certain cases.
34. Power to make rules.
35. Penalties.
36. Power to remove difficulties.
37. Laying of rules and orders before the State Legislature.
38. Repeal.
SCHEDULE I
SCHEDULE II
NOTIFICATION
3
STATEMENTS OF OBJECTS AND REASONS
I
Act 54 of 1976.- Ever since the attainment of independence, action has
been taken to abolish all privileged tenures in land such as Jahagirs, Inams,
Zamindars, etc. Legislative action in this regard is complete in the former
Mysore State and the personal Inams have been abolished in Hyderabad
and Bombay areas also. A Bill was recently passed by the State Legislature
for abolition of religious and charitable inams in Bombay and Hyderabad
areas. The present bill is intended to secure the abolition of both personal
and religious and charitable Inams in the former State of Sandur. These
inams will vest in the Government from the date to be notified under the Act.
Tenants who are holding lands under the Inamdars-personal as well as
charitable and religious will get occupancy rights on payment of certain
multiple of land revenue depending on the terms of the tenancy. The
holders of personal Inams will be paid the amount of premium which the
tenants of the land comprised in the inam have to pay for getting occupancy
rights. The institutions holding religious and charitable inams will get an
annual Tasdik Grant equivalent to 10 times the land payable on the lands
comprised in inams held by them.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated
11.9.1973 as No.728 )
II
Amending Act 32 of 1979.- Under section 11 of the Karnataka Certain
Inams Abolition Act, 1977 (Karnataka Act 10 of 1978), application for
registration as occupant is required to be made within six months from the
date when the Act is brought into force. The Act was brought into force on
15th June, 1978. Under section 10 of the (Karnataka Act 54 of 1976)
application for registration as occupant is required to be made within six
months from the date on which the Act is brought into force. This Act was
brought into force on 8th November, 1976.
Since the last date for receipt of applications for registration as occupants
under the two Acts expired before the rules under the said Acts would be
finalised, it is proposed to remove the difficulty thereby caused to the
applicants by extending the last date for the receipt of the applications, till
31st March, 1980 (inclusive). Opportunity has also been taken to include a
formal amendment to sub-section (4) of section 1 of the Karnataka (Sandur
Area) Inams Abolition Act, 1976.
Hence the Bill.
(Obtained from L.A. Bill No.4106 of 1979)
4
III
Amending Act 23 of 1981.- The last date for making applications for
registration as occupants of lands vested in the Government under the
Mysore (Religious and Charitable) Inams Abolition Act, 1955, the (Sandur
Area) Inams, Abolition Act, 1976, and the Certain Inams Abolition Act, 1977
has expired. Representations have been received to extend the time as
many bona fide occupants could not file their applications. It is considered
necessary to extend the time till 30th June, 1981.
Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A as No.91
dated 3-2-1981 at page 4.)
IV
Amending Act 24 of 1984.- Under the Mysore Religious and Charitable
Inam Abolition Act, 1955, the Karnataka (Sandur Area) Inam Abolition Act,
1976 the Karnataka Certain Inams Abolition Act, 1977 occupants of
agricultural lands eligible for registration as occupants had to file
applications within the specified time. The above Acts were amended by
Karnataka Act 23 of 1981 and time was extended up to 30th June, 1981.
Several representations were received requesting for grant of further
extension of time to file applications as quite a few small holders of inam
lands were not aware of the need to file such applications.
With the view to helping such holders of inam lands, it is considered
necessary to extend the time till 31st March, 1984. An ordinance was
promulgated to give effect to this decision.
This Bill seeks to replace the said Ordinance.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A as No.66
dated 23-1-1984 at page 4.)
V
Amending Act 19 of 1986.- In the Karnataka Land Reforms Act, 1961,
there is no provision for preferring an appeal against the order passed by
the Land Reforms Tribunal.
The High Court of Karnataka in Writ Petition No.2944/1981 has observed
that the disposal of the cases by the Tribunal is not satisfactory and to
facilitate proper adjudication of disputes a provision in the Act for preferring
an appeal is desirable.
It is hence intended to provide for an appeal against decision of the Land
Reforms Tribunal by constituting an Appellate Authority.
5
It is also intended to waive the instalment of premium payable on or after
17th October, 1984 by person registered as occupants of land equal to 10
acres of D Class land or less.
The Karnataka Land Reforms (Amended) Ordinance 1985 (Karnataka
Ordinance 18 of 1985) was promulgated for the said purpose.
This Bill seeks to replace the said Ordinance.
Opportunity is also taken to extend the jurisdiction of the Appellate
Authority to the cases under the Mysore (Personnel and Miscellaneous)
Inams Abolition Act, 1954 the Mysore (Religious and Charitable) Inams
Abolition Act, 1955, the Karnataka (Sandur Areas) Inams Abolition Act, 1976
and the Certain Inams Abolition Act, 1977, decided by the Land Reforms
Tribunal.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A as
No.135 dated 21-2-1986 at page 11.)
VI
Amending Act 4 of 1987.- The last date for filling the application before
Land Tribunals for registration as occupants of land vested in the
Government under the Mysore Religious and Charitable Inams Abolition
Act, 1955, the Karnataka (Sandur Area) Inams Abolition Act, 1976 and the
Karnataka Certain Inams Abolition Act, 1977 was 31st March , 1984 and
31st December 1984 in respect of enfranchised inams.
Since representations have been received to further extend the time, the
Karnataka Ordinance 16 of 1986 was promulgated on Twenty-seventh
November, 1986. The present Bill is intended to replace the Ordinance. It is
also proposed to enhance the time in respect of enfranchised inams.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV- 2A dated
23-1-1987 as No. 78 at page 4.)
VII
Amending Act 18 of 1990.- Note.- By this Act certain amendments
were made to the Land Reforms Act 1961 and some consequential
amendments were made to this Act.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 28-6-
1990 as No.420 at page 7.)
VIII
Amending Act 3 of 1991.- The last date for filling the applications before
the Land Tribunals for registration as occupants of lands vested in the
Government under the Karnataka (Sandur Area) Inams Abolition Act, 1976
6
and the Karnataka Certain Inams Abolition Act 1977 was 30th June, 1987,
including the enfranchised inams also.
Since representations have been received to extend the time, it is
considered necessary to further extend the time upto 31st day of March,
1991.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 28-
12-1990 as No. 672 at page 3.)
IX
Amending Act 22 of 2000.- Note.- By this Act certain obsolete laws
were repealed and certain consequential or minor amendments were made
to some Acts including Act 54 of 1976.
X
Amending Act 17 of 2007.- In G.O.NO.RD 9 BMM 2003, dated:
8.9.2005 the posts of Regional Commissioners at Bangalore, Mysore,
Gulbarga and Belgaum along with supporting staff has been created.
The Regional Commissioners have to be conferred with statutory powers
by necessary amendments to the relevant Acts.
Since the matter was urgent and the Karnataka Legislature was not
in session, the Karnataka Land Revenue and Certain Other Laws
(Amendment) Ordinance 2006(Karnataka Ordinance No.5 of 2006) was
promulgated to achieve the above Object.
Hence the Bill.
[L.A.Bill No. 7 of 2007]
[Entry 5 and 18 of List II of the Seventh Schedule to the Constitution of
India.]
* * * *
7
KARNATAKA ACT NO. 54 OF 1976
(First published in the Karnataka Gazette Extraordinary on the Seventh day
of September, 1976)
THE KARNATAKA (SANDUR AREA) INAMS ABOLITION ACT, 1976.
(Received the assent of the President on the Thirteenth day of September,
1976)
(As Amended by Acts 32 of 1979, 23 of 1981, 24 of 1984, 19 of 1986, 4 of
1987, 18 of 1990, 3 of 1991, 22 of 2000 and 17 of 2007.)
An Act to provide for the abolition of inams and minor inams in the
Sandur Area of Bellary District in the State of Karnataka.
W HEREAS it is expedient in the public interest to provide for the abolition
of all inams and minor inams in the Sandur Area of the Bellary District in the
State of Karnataka and for other matters connected therewith ;
B E it enacted by the Karnataka State Legislature in the twenty-seventh
year of the Republic of India as follows :-
CHAPTER I
PRELIMINARY
1. Short title, extent, application and commencement.- (1) This Act
may be called the Karnataka (Sandur Area) Inams Abolition Act, 1976.
(2) It extends to the Sandur Area of Bellary District in the State of
Karnataka.
(3) It applies to all inams villages and also to all minor inams situated in
the Sandur Area.
1 [(4) It shall come into force on such 2[date]2 as the State Government
may, by notification in the official Gazette appoint.]1
1. Substituted by Act 32 of 1979 w.e.f. 8.11.1976
2. Act came into force on 8.11.1976 by notification No. RD 84 IMA 76 dt. 8.11.1976
2. Definitions.- (1) In this Act, unless the context otherwise requires,-
(a) "Act" means the Karnataka Land Revenue Act, 1964 (Karnataka
Act 12 of 1964) ;
1 [(aa) x x x] 1
1. Inserted by Act 19 of 1986 w.e.f. 6.12.1985 and omitted by Act 18 of 1990 w.e.f. 8.10.1990
(b) "appointed date" means the date appointed under sub-section
(4) of section
8
(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) "inam" includes an inam village and a minor inam;
(e) "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 the inam ;
(f)"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;
(g) "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;
(h) "minor inam" means an alienated holding other than an Inam
village, situated in an alienated village or in an un-alienated village ;
(i) "notification" means a notification published in the official
Gazette;
(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 a religious or charitable inam ;
(I) "prescribed" means prescribed by rules made under this Act;
(m) "religious institution" includes a temple ;
(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;
9
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 ;
(o) "Sandur Area" means the villages of Sandur Taluk of Bellary
District specified in Schedule I to this Act ;
(p) "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 meanings assigned to them in the Act or the Karnataka Land
Reforms Act, 1961 (Karnataka Act 10 of 1962).
CHAPTER II
ABOLITION AND VESTING OF INAMS IN THE STATE AND ITS CONSEQUENCES
3. 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 a 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 in Sandur Area 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 or alienated holdings
shall be deemed to have been repealed in their application to the said inam
or alienated holding and the provisions of the Act and all other enactments
applicable to un-alienated villages or lands shall apply to the said inam or
alienated holding ;
(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 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
10
not to the inamdar and any payment m ade 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 of 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, muchalkas, 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 previleges and be subject to such conditions as are
provided for by or under this Act ; and any other rights and previlages which
may have accured 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.
11
4. Right to be registered as occupants.- Save as otherwise provided
in this Act, with effect from and on the appointed day,-
(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 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 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 he was personally cultivating
immediately before the said date.
5. 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.
6. 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 the 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
12
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.
7. Right to agricultural land used for non-agricultural purposes.-
(1) Where any land used for agricultural purposes has been converted to
non-agricultural purpose, the holder of such land shall, subject to the
provisions of sub-section (3) of section 6 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 it 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) where the conversion was on or after the 11th September, 1973,
be paid an amount equal to one hundred times the land revenue on the land
of which he was a tenant, the said amount being paid to him from out of the
amount payable under this Act to the Inamdar.
8. Liability to pay land revenue to the State Government.- (1) Every
person who becomes entitled to be registered as an occupant under section
4 in respect of any land shall, with effect from and on the appointed day, be
liable to pay to the State Government a 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 the land revenue
13
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).
9. Saving of 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, land registered under section 4 including rights in any mines or
minerals, quarries, fisheries, ferries or forest, the transaction 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 4, 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.
CHAPTER III
1[REGISTRATION AS AN OCCUPANT]1
1. Inserted by Act 22 of 2000 w.e.f. 7.9.1976
10. Procedure for registration as an occupant.- 1[(1)]1 Every person
entitled to be registered as an occupant under section 4 shall make an
application to the Tribunal constituted under the Karnataka Land Reforms
Act, 1961, 2[on or before 3[31st day of March 1991] 3]2 Such application shall
be disposed of by the Tribunal as if it is an application made under the said
Act.
1. Re-numbered by Act 19 of 1986 w.e.f. 6.12.1985
2. Substituted by Act 23 of 1981 w.e.f. 8.11.1976
3. Substituted by Act 3 of 1991 w.e.f. 8.11.1976
1[(2) x x x]1
14
1. Inserted by Act 19 of 1986 w.e .f. 6.12.1985 and omitted by Act 18 of
1990 w.e.f. 8.10.1990
11. Payment of premium, etc.- (1) The right of an inamdar, a
permanent tenant, a tenant or the other persons to be registered as an
occupant under this Act shall be subject 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) a permanent tenant :ten times the land revenue of the lands to
be registered;
(iii) other tenants :one hundred times the land revenue of the lands
to be registered; and,
(iv) the other persons: namely those referred to sub-section (2) of
section 4 ; 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.
CHAPTER IV
DETERMINATION OF AMOUNT PAYABLE IN RESPECT OF PERSONAL INAMS
12. Amount payable how determined.- (1) The amount payable in
respect of 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.
13. 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 4 of this Act;
(ii) the value, as determined by the Forest Department, of such of
the sandalwood trees on the lands (other than the lands in respect of which
the Inamdar is registered as an occupant) as are actually existing on the
appointed day and registered prior to the 11th of September 1973 in
15
accordance with the rules made under the Karnataka Forest Act, 1963
(Karnataka Act 5 of 1964) ; and
(iii) the amount specified below in respect of the income from minor
forest produce (other than sandalwood) namely :-
Rs.
(a) in the case of Muraripura village .. 800
(b) in the case of Emmehatti village .. 1,000
(c) in the case of Vittalanagar village .. 1,500
(d) in the case of other villages referred to
at serial Nos. 4,5,6,7,8,10,11,13,14,19,
20 and 23 of Schedule I Nil
(2) For purposes of sub-section (1), the net annual income shall be
deemed to be,-
(i) in respect of lands held by permanent tenants, 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.
14. 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, in 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 not 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.
15. 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
16
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 an 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 14 on the
estimated amount payable or on the balance of the estimated amount
payable after deducting the interim payment under sub-section (1) may be
paid every year until the amount payable is determined under section 16,-
(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 inamdars 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.
16. 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 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.
(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).
17. Notice to persons interested in amount.- (1) As soon as may be
after the appointed date the Deputy Commissioner shall,-
(a) publish copies of the notification under sub-section (4) of section
1, at a convenient place in and in the vicinity of the inam ;
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(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 4 or 6, shall be made
to him, together with the nature and particulars or 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 notice. Such notice shall also
be published in the official Gazette.
(2) Any claim against the amount payable which is not made to the
Deputy Commissioner within the time aforesaid shall cease to be
enforceable. The Deputy Commissioner, may however for sufficient cause
permit a claim to be made beyond the period aforesaid.
18. Apportionment of amount by the Deputy Commissioner.- The
Deputy Commissioner shall, after giving notice to all persons who claim
under section 17 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.
19. 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)
of sub-section (2) of section 3 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.
20. Claims of creditors.- (1) After the amount has been apportioned
among the persons referred to in section 19 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 18, 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 :
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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 secure 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.
21. 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 pers on 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 V
AMOUNT PAYABLE IN RESPECT OF RELIGIOUS OR CHARITABLE INAMS
22. Amount payable.- (1) In respect of religious or charitable inam
comprised in the villages specified in Schedule II to this Act, 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
of rupees thirty-six thousand.
(2) In respect of other religious or charitable inams vesting in the State
Government, the State Government shall pay to the inamdar every year an
amount equal to ten times the land revenue payable on the land comprised
in such inams.
23. Deputy Commissioner to determine the amount.- (1) The Deputy
Commissioner shall, by order determine the amount payable to an inamdar
under sub-section (2) of section 22.
(2) A copy of every order passed under sub-section (1) shall be
furnished to the inamdar concerned.
CHAPTER VI
MISCELLANEOUS
24. 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 4 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.
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25. Disposal of lands vesting in the State Government.- Land 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 off in
accordance with the provisions of section 77 of the Karnataka Land Reforms
Act, 1961:
Provided that a person who was cultivating continuously for a period not
less than twelve years prior to 1948 any land known as paraphernalia land
and who was dispossessed by the inamdar subsequent to that date shall,
for the purpose of the said section 77, be deemed to be a displaced tenant.
26. Revision by the 1[Regional Commissioner] 1.- The 1[Regional
Commissioner]1 may, at any time, call for and examine the record of any
order passed by the Deputy Commissioner under section 16 of section 23
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 29 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.
1. Substituted by Act 17 of 2007 w.e.f. 5.1.2007.
27. Control by the 1[Regional Commissioner]1.- The 1[Regional
Commissioner]1 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.
1. Substituted by Act 17 of 2007 w.e.f. 5.1.2007.
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28. Revision by the State Government.- The State Government may
cancel or revise any order passed by the 1[Regional Commissioner]1 under
section 27.
1. Substituted by Act 17 of 2007 w.e.f. 5.1.2007.
29. Appeal from order under sections 8,16 and 24.- (1) Against any
decision of the Deputy Commissioner under sections 8,16 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 building falls within the scope of sub-
section (2) of section 6, it shall be referred to the Karnataka Appellate
Tribunal, whose decision shall be final.
30. 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.
31. Enquiries by the Deputy Commissioner.- (1) The Deputy
Commissioner may, by general or special order, authorise any officer not
below the rank of a Tahasildar subordinate to him to hold enquires 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.
32. 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
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application, memorandum of appeal or petition under this Act or rules made
thereunder shall be such as may be prescribed.
33. 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 18, 16 and 23 of this Act ; or
(ii) relating to an order made by the Divisional Commissioner under
section 26, and in respect of which a right of appeal has been conferred by
sections 29 or 30.
34. 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
provisions, 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 ;
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(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.
35. 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 extend 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.
36. 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 appear to it to be
necessary for the purpose of removing the difficulty :
Provided that no such power shall be exercised after the expiry of a
period of two years from the commencement of this Act.
37. Laying of rules and orders before the State Legislature.- Every
rule made under section 34 and every order issued under section 36 shall
be laid as soon as may be after it iExcerpt shown. Open the full act in Lexace.