Certain Inams Abolition Act, 1977 Chapter 6 - Bare Act |
| State | Karnataka Government |
| Year | 1977 |
| Section Title | Miscellaneous |
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.
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.
The Divisional Commissioner may, at any time, call for and examine the record of any order passed by the Deputy Commissioner under section 17 or section 24 and if he considers that such order is erroneous in so far as it is prejudicial to the interest of the State Revenues he may, after making or causing to be made such enquiry as he deems necessary and after giving the person or persons affected a reasonable opportunity of being heard, pass such order thereon as the circumstances of the case justify including an order decreasing the amount payable or directing a fresh determination by the Deputy Commissioner:
Provided that no such order shall be made ,-
(1) where an appeal under section 30 has been preferred; or
(2) after the expiry of four years from the date of the order sought to be revised.
Explanation.- In computing the period of limitation for the purpose of this section, any period during which any proceeding under this section is stayed by an order or any injunction by any court shall be excluded.
The Divisional Commissioner shall, within his jurisdiction have power,-
(a) to superintend the taking over of inams and to make due arrangement for the administration thereof ;.
(b) to issue instructions for the guidance of the Deputy Commissioner;
(c) to cancel or revise any order of the Deputy Commissioner declaring whether a particular area is part of an inam or not.
The State Government may cancel or revise any order passed by the Divisional Commissioner under section 28.
(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.
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.
(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.
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.
(1) No suit, prosecution or other proceeding shall lie against the State Government for any act done or purporting to be done under this Act or any rule made thereunder.
(2) No officer or servant of the State Government shall be liable in any civil or criminal proceedings in respect of any act done or purporting to be done under this Act or any rule made thereunder, if the act was done in good faith in the course of the execution of the duties or in the discharge of the functions imposed by or under this Act.
(3) In respect of any act done by any officer or servant of the State Government under colour or in excess of any such duty or function, no suit, prosecution or other proceedings shall lie against such officer or servant without the previous sanction of the State Government and no such suit, prosecution or other proceedings shall be instituted after the expiry of one year from the date of the act complained of.
(4) Notwithstanding anything contained in any law for the time being in force, a civil court shall not entertain any application or suit ,-
(i) connected with any matter which has to be decided by the Deputy Commissioner under sections 17, 19 and 24 of this Act ; or
(ii) relating to an order made by the Divisional Commissioner under section 27 in respect of which a right of appeal has been conferred by section 29 or 30.
(1) The State Government may, by notification and subject to the condition of previous publication, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for,-
(a) all matters expressly required or allowed by this Act to be prescribed ;
(b) the procedure to be followed by the Deputy Commissioner and the officers or authorities appointed or having jurisdiction under this Act;
(c) the time within which applications and appeals may be presented under this Act in cases for which no specific provision in that behalf is made herein ;
(d) the application of the provisions of the Code of Civil Procedure, 1908 and the Limitation Act, 1963, to applications, appeals and proceedings, under this Act.
(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.
1[36A. Transfer of cases
Any application pending before a tribunal on the date of the commencement of the Karnataka certain Inams Abolition (Amendment) Act, 1984, to which the proviso to section 11 would be applicable if it were file after such commencement, shall be transferred to the Tahsildar and shall be disposed of by him as if it had been filed before him.]
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1. Inserted by Act 29 of 1984 w.e.f. 5.5.1984.
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.
Every rule made under section 35 and every order issued under section 37 shall be laid as soon as may be after it is made or issued before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or order or both Houses agree that the rule or order should not be made, the rule or order shall from the date on which the modification or annulment is notified by the State Government in the official Gazette, have effect only in such modified form or be of no effect as the cas may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or order.