Karnataka (Sandur Area) Inams Abolition Act, 1976
Karnataka (Sandur Area) Inams Abolition Act, 1976
Karnataka (Sandur Area) Inams Abolition Act, 1976
com
LatestLaws.com
LatestLaws.com
Bare Acts & Rules
Free Downloadable Formats
LatestLaws.com
LatestLaws.com
LatestLaws.com
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)
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.
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.
LatestLaws.com
(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 not to the inamdar and any payment
made in contravention of this clause shall not be valid ;
(e) all arrears of land revenue, whether as jodi or quit rent and cesses remaining
lawfully due on the date 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.
4. Right to be registered as occupants.- Save as otherwise provided in this Act,
with effect from and on the appointed day,-
LatestLaws.com
(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 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 :
LatestLaws.com
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 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
LatestLaws.com
10
11
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 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
LatestLaws.com
12
13
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 :
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 person or persons whether by act of parties or by operation of law, the Deputy
Commissioner shall after giving the parties an opportunity of being heard determine
whether there has been any devolution of the interest and if so, on whom it has
devolved.
CHAPTER 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.
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.
LatestLaws.com
14
15
(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 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 ;
(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
LatestLaws.com
16
17
SCHEDULE II
(See Section 22)
1. Siddapur 5. Karthikeshwar
2. Susilanagar 6. Deogiri
3. Hulikunti 7. Ranajitpur
4. Shankarapur 8. Dharmapur
***
NOTIFICATION
Bangalore, dated 8th November 1976 [No. RD 84 IMA 76]
S.O.2762.- In exercise of the powers conferred by sub-section (4) of section 1 of the
Karnataka (Sandur Area) Inams Abolition Act, 1976 (Karnataka Act No. 54 of 1976), the
Government of Karnataka appoints the 8th November, 1976, as the date on which this Act shall
come into force.
By Order and in the name of the Governor of Karnataka,
N.V. Doraswamy,
Under Secretary
****