LexThe KARNATAKA CERTAIN INAMS ABOLITION ACT, 1977
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Open in Lexace · Ask the AI about this actTHE KARNATAKA CERTAIN INAMS ABOLITION ACT, 1977
ARRANGEMENT OF SECTIONS
Statement of Objects and Reasons:
Sections:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Application.
3. Definitions.
CHAPTER II
ABOLITION AND VESTING OF INAMS IN THE STATE AND ITS
CONSEQUENCES
4. Abolition, vesting of inams and the consequences thereof.
5. Right to be registered as occupants.
6. Certain lands not to be registered.
7. Vesting of buildings.
8. Right to agricultural land used for non-agricultural purposes.
9. Liability to pay land revenue to the State Government.
10. Saving of right in certain cases.
CHAPTER III
REGISTRATION AS AN OCCUPANT
11. Procedure for registration as an occupant.
12. Payment of premium, etc.
CHAPTER IV
DETERMINATION OF AMOUNT PAYABLE IN RESPECT OF PERSONAL
INAMS
13. Amount payable how determined.
14. Amount payable.
15. Payment of amount.
16. Interim payment.
17. Deputy Commissioner to determine total amount payable.
18. Notices to persons interested in account.
19. Apportionment of amount by the Deputy Commissioner.
20. Procedure for apportionment of amount.
21. Claims of creditors.
22. Devolution of interest in amount.
2
CHAPTER V
AMOUNT PAYABLE IN RESPECT OF RELIGIOUS OR CHARITABLE
INAMS
23. Amount payable.
24. Deputy Commissioner to determine the amount.
CHAPTER VI
MISCELLANEOUS
25. Extent of land of which a person may be registered as an
occupant.
26. Disposal of lands vesting in the State Government.
27. Revision by the Regional Commissioner.
28. Control by the Regional Commissioner.
29. Revision by the State Government.
30. Appeal from orders under sections 17, 19 and 24.
31. Wrong and excess payments to be recoverable as arrears
of land revenue.
32. Enquiries by the Deputy Commissioner.
33. Fee payable on applications, petitions etc. under this Act.
34. Jurisdiction of courts barred in certain cases.
35. Power to make rules.
36. Penalties.
36A. Transfer of cases.
37. Power to remove difficulties.
38. Laying of rules and order before the State Legislature.
NOTIFICATION
* * * *
3
STATEMENT OF OBJECTS AND REASONS
I
Act 10 of 1978.- The following inam abolition laws have been in force
in the State:-
(1) The Bombay Personal Inams Abolition Act. 1952 (Bombay Act
No. XLI of 1953).
(2) The Bombay Service Inams (Use ful to Community) Abolition Act,
1953 (Bombay Act No. LXX of 1953)
(3) The Bombay Merged Territories and Areas (Jagir Abolition) Act,
1953 (Bombay Act No.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 Ryotwarit)
Act, 1948 (Madras Act XXVI of 1948).
(7) The Mysore (Personal and Miscellaneous) Inams Abolition Act,
1954 (Mysore Act 1 of 1955).
(8) The Mysore (Religious and Charitable) Inams Abolition Act, 1955
( Mysore Act XVIII of 1955).
(9) The Bombay pargana and Kulkarni Vatans (Abolition) Act, 1950
(Bombay Act LX of 1950).
(10) The Karnataka Village Offices Abolition Act, 1961 (Karnataka
Act 14 of 1961).
Other inams are not covered by the aforesaid laws.
It is considered necessary to abolish all such tenures also so that all
intermediate tenures in the State stand abolished.
Since the aforesaid inams are scattered here and there, a
comprehensive piece of legislation to include them all in one Bill is proposed
to be undertaken.
Hence this Bill.
(Obtained from L.A. Bill No. 64 of 1971 at page 20).
4
II
Amending Act 32 of 1979.- (As appended to at the time of introduction
of the Bill)
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 (Sandur Area) Inams Abolition Act, 1976 (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. The
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
could be finalised, it is proposed to remove the difficulty thereby caused to
the applicants by extending the last date for the receipt of 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.C. Bill Copy of L .A. Bill No. 41 of 1979)
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. Representation have been received to extend the time as many
bonafide occupants could not file their applications. It is considered
necessary to extend the time till 30th June, 1981.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV- 2A
dated 3-2-1981 as No. 91 at page 4.)
IV
Amending Act 24 of 1984.- Under the Mysore Religious and
Charitable Inams Abolition Act, 1955, the (Sandur Area) Inams 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 amended by
Karnataka Act 23 of 1981 and time was extended upto 30th June, 1981.
5
Several presentations were received requesting for grant of further
extension of time to file applications as quite a few small holders of Inams
Lands were not aware of the need to file such applications.
With a view to helping such holders of Inams 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 dated 23-1-
1984 as No. 66 at page 4.)
V
Amending Act 29 of 1984.- (As appended to at the time of Introduction
of the Bill)
The enfranchised inams lands in the old Madras area viz., Bellary
District and Kollegal Taluk of Mysore District were enfranchised (freed from
encumbrance) by the then Government of Madras and they were
transferable and heritable. Inams title deeds were also issued.
It was represented to Government that in view of the above the
enfranchised inams should not be treated on par with other inams with
regard to registration of occupancy rights and restrictions on transfer. With a
view to remove the hardship caused to the holders of these enfranchised
inam lands, it is considered necessary to simplify and modify the procedure
for registration of occupancy rights, of these inamdars (other than tenants)
and to relax the restrictions on alienations of such lands by them by
amending the provisions of the Karnataka Certain Inams Abolition Act,
1977.
Hence the Bill.
(Obtained from the L.C. Bill Copy of L.A. Bill No. 27 of 1984.)
VI
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.28441/1981 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 decisions of the Land
Reforms Tribunal by constituting an Appellate Authority.
6
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 (Amendment) Ordinance 1985
(Karnataka Ordinance 18 of 1985) was promulgated for the said purposes.
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 Area) 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
dated 21-2-1986 as No. 135 at page 11.)
VII
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.)
VIII
Amending Act 18 of 1990.- After the Karnataka land Reforms Act,
1961, was amended by Act 1 of 1974, it was expected that litigations
pertaining to the tenancies would be disposed off early.
However, the Act was again amended by Act No. 19 of 1986, and provision
was made for an appeal to the Land Reform Appellate Authority with two
Official members, of whom one wa s a Civil Judge from the Judicial
Department and another from the Revenue Department not below the rank
of a Deputy Commissioner.
7
Earlier to the amendment Act No. 19 of 1986, the orders of the Land
Tribunals were final and they could only be questioned before the High
Court in it's Writ Jurisdiction.
However, from the past experience, it is found that the desired
results were not forthcoming from the constitution of the Appellate
Authorities. The system has also not proved to be beneficial in the majority
of the cases.
Hence, after taking all factors into consideration, the Government
decided to abolish the Land Reforms Appellate Authorities and to make the
decision of the Tribunal final.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV- 2A
dated 28-6-1990 as No. 420 at page 7.)
IX
Amending Act 3 of 1991.- The last date for filling the application
before Land Tribunal for registration as occupants of land vested in the
Government under the Karnataka (Sandur Area) Inams Abolition Act, 1976
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.)
8
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.]
* * * *
9
KARNATAKA ACT No. 10 OF 1978
(First published in the Karnataka Gazette Extraordinary on the
Eighth day of May 1978)
THE KARNATAKA CERTAIN INAMS ABOLITION ACT, 1977
(Received the assent of the President on the Third day of May, 1978)
(As Amended by Acts 32 of 1979, 23 of 1981, 24 of 1984, 29 of 1984, 19 of
1986, 4 of 1987, 18 of 1990, 3 of 1991 and 17 of 2007)
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 I
PRELIMINARY
1. 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 1[date]1 as the State
Government may, by notification, appoint.
1. The Act has come into force w.e.f. 5.6.1978 by notification. Text of
the notification is at the
end of the Act.
2. 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
No. XLI of 1953).
(2) The Bombay Service Inams (Use ful to Community) Abolition Act,
1953 (Bombay Act No. LXX of 1953).
(3) The Bombay Merged Territories and Areas (Jagir Abolition) Act,
1953 (Bombay Act No. 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).
10
(6) The Madras Estates (Abolition and Conversion into Ryotwari)
Act, 1948 (Madras Act XXVI of 1948).
(7) The Mysore (Personal and Miscellaneous) Inams Abolition Act,
1954 (Mysore Act 1 of 1955).
(8) The Mysore (Religious and Charitable) Inams Abolition Act, 1955
(Mysore 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).
3. 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 omited by Act 18 of 1990 w.e.f. 8.10.1990
(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" mean 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;
1[(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);]1
(e) "inam" includes an inam village and a minor inam, a jagir,
whether 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 ;
11
(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" m eans 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 II
ABOLITION AND VESTING OF INAMS IN THE STATE AND ITS
CONSEQUENCES
4. Abolition, vesting of inams and the consequences thereof.- (1)
Notwith-standing 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.
12
(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 holding
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 contra vention 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, 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 ;
13
(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.
5. Right to be registered as occupants.- Save as otherwise provided in
this Act, with effect from and on 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.
6. 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;
14
(ii) lands on which buildings owned by any person other than such
holder of minor inam are erected.
7. 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.
8. 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.
15
9. 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 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).
10. 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, 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 III
16
REGISTRATION AS AN OCCUPANT
11. Procedure for registration as an occupant.- 1[(1)]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 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:
4[Provided the where the inam is an enfranchised inam, such
application by the inamdar including holder of minor inam shall be made to
the Tahsildar on or before the 3[thirty-first day of March, 1991]3. 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.]4
1. Renumbered by Act 19 of 1986 w.e.f. 6.12.1985.
2. Substituted by Act 23 of 1981 w.e.f. 5.6.1978.
3. Substituted by Act 3 of 1991 w.e.f. 5.6.1978.
4. Inserted by Act 29 of 1984 w.e.f. 5.5.1984.
1[2 (a) (b) x x x]1
1. Inserted by Act 19 of 1986 w.e.f. 6.12.1985 and omited by Act 18 of 1990 w.e.f. 8.10.1990.
12. Payment of premium, etc.- (1) The right of an inamdar or other
person 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) 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 conditions 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:
3[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.]3
CHAPTER IV
DETERMINATION OF AMOUNT PAYABLE IN RESPECT OF PERSONAL
INAMS
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13. 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.
14. 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 annual income
from minor produce derived by the inamdar in the previous three years :
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.
15. 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 installments not exceeding ten ;
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(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 installments not exceeding ten as
may be prescribed.
16. 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 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.
17. 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.
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(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).
18. Notices 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 (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 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.
19. 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.
20. 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 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.
21. Claims of creditors.- (1) After the amount has been apportioned
among the persons referred to in section 20 or where it is more convenient
20
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.
22. 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
23. 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.
24. 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 under sub-section (1) shall be
furnished to the inamdar concerned.
CHAPTER VI
MISCELLANEOUS
25. 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.
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26. 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.
27. 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 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.
1. Substituted by Act 17 of 2007 w.e.f. 5.1.2007.
28. 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.
29. Revision by the State Government.- The State Government may
cancel or revise any order passed by the 1[Regional Commissioner]1 under
section 28.
1. Substituted by Act 17 of 2007 w.e.f. 5.1.2007.
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30. 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.
31. 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.
32. 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.
33. Fee payable on applications, petitions etc., under this Act.-
Notwithstanding anything contained in the KarnatakaExcerpt shown. Open the full act in Lexace.