Karnataka (Belgaum and Gulbarga Areas) Religious and Charitable Inams Abolition Act, 1973 Chapter I - Bare Act |
| State | Karnataka Government |
| Year | 1973 |
| Section Title | Preliminary |
(1) This Act may be called the1[Karnataka]1[(Belgaum and Gulbarga Areas)] Religious and Charitable Inams Abolition Act, 1973.
(2) It extends to the1[Belgaum and Gulbarga Areas] of the State of1[Karnataka].
(3) It applies to inams held by or for the benefit of charitable or religious institutions in the1[Belgaum and Gulbarga Areas] of the State of1[Karnataka] but does not apply to revenue free sites granted by the State Government for the construction of schools, colleges, hospitals, dispensaries, religious or charitable institutions or other public works from which no profits is intended to be derived.
(4) It shall come into force on such2[date] as the State Government may, by notification, published in the official Gazette, appoint.
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1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976
2. Notification bringing the Act into force is not available.
(1) This Act may be called the1[Karnataka]1[(Belgaum and Gulbarga Areas)] Religious and Charitable Inams Abolition Act, 1973.
(2) It extends to the1[Belgaum and Gulbarga Areas] of the State of1[Karnataka].
(3) It applies to inams held by or for the benefit of charitable or religious institutions in the1[Belgaum and Gulbarga Areas] of the State of1[Karnataka] but does not apply to revenue free sites granted by the State Government for the construction of schools, colleges, hospitals, dispensaries, religious or charitable institutions or other public works from which no profits is intended to be derived.
(4) It shall come into force on such2[date] as the State Government may, by notification, published in the official Gazette, appoint.
__________________________
1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976
2. Notification bringing the Act into force is not available.
(1)In this Act, unless the context otherwise requires,-
(a)''the Act'' means the 1 [Karnataka] Land Revenue Act, 1964 (1 [Karnataka]Act 12 of 1964);
(b)''appointed date'' means the date appointed under sub-section (4) of section 1;
(c)1 [Belgaum and Gulbarga Areas] means the areas referred to in clauses(b) and (c) of sub-section (1) of section 7 of the States Re-organisation Act,1956 (Central Act 37 of 1956);
(d)''Deputy Commissioner'' includes any officer not below the rank of an AssistantCommissioner authorised by the State Government by notification published in theofficial gazette, to exercise the powers of a Deputy Commissioner under thisAct;
(e)"inam'' includes an inam village and a minor inam;
(f)''inamdar'' means a religious or charitable institution owning an inam;
(g)''inam land'' means land held by or on behalf of a religious or charitableinstitution as an inam and includes land held as Mashruth-ul-Kidmat Madath-a-Mash and also lands endowed as wakf-e-tamal and Wakf-e-nama;
(h)''inam village'' means a village or portion of a village or hamlet or khandrigaheld by or on behalf of a religious or charitable institutions as an inam:
(i)''land records'' means records maintained under the provisions of or for thepurposes of the Act or any other law relevant for the purposes of this Act;
(j)''minor inam'' means an alienated holding other than an inam village, situatedin an alienated village or in an un-alienated village;
(k)"permanent tenant'' means a person who under the Act is entitled to atenancy in respect of any land used for agricultural purposes, the duration ofwhich is co-extensive with the duration of the tenure of the inamadar, but,where the inamdar is an institution of religious worship shall not include aperson rendering religious service in or maintaining the institution as a pujari,archak, mulla, kazi, mutawalli, muthsaddi, priest or holder of a similar officeby whatever name called or a person rendering any service in any suchinstitution and enjoying the benefit of any land comprised in the inam of suchinstitution, without paying rent as such in money or in kind to that institutionin respect of such land;
(l)''protected tenant'' means a tenant of any land comprised in an inam if he hasheld it continuously and cultivated personally for a period of not less thantwelve years prior to the appointed date and includes,-
(i)in the 1 [Belgaum Area] a person who was recognised to be a protectedtenant under the Bombay Tenancy and Agricultural Lands Act, 1948, as was inforce in that area,
(ii)in the 1 [Gulbarga Area] a person who was deemed to be a protectedtenant under the Hyderabad Tenancy and Agricultural Lands Act, 1950, as was inforce in that area,
priorto the coming into force of the 1 [Karnataka] Land Reforms Act, 1961 (1 [Karnataka]Act 10 of 1962), but, where the inamadar is an institution of religious worshipshall not include a person rendering religious service in or maintaining theinstitution as a pujari, archak, mulla, kazi, mutawalli, muthsaddi, priest orthe holder of a similar office by whatever name called or a person rendering anyservice in any such institution and enjoying the benefits of any land comprisedin the inam of such institution, without paying rent as such in money or in kindto that institution in respect of such land.
Explanation.-(1) If the tenant came to hold the land by inheritance or succession fromanother person or if he has held such land as a tenant and is an heir to suchperson, the period during which such other personheld such land as a tenant shall be included in calculating the period of twelveyears under this clause;
(2)If the tenant holding the land held, as a tenant. at any time within the twelveyears before the appointed day from the same landlord in the same village anyother land which he cultivated personally, the period during which he held suchother land shall be included in calculating the period of twelve years underthis clause;
(3)Where any land is held by two or more persons jointly as tenants all suchpersons shall if any one of them cultivated and continues to cultivate such landpersonally be deemed to be protected tenants in respect of such land;
(4)If a tenant had sub-let a land on account of any temporary disability, he shallbe deemed for purposes of his acquiring rights of protected tenant to continuein possession and cultivate the land personally for the period of the sub-lease;
(m)"prescribed'' means prescribed by rules made under this Act:
(n)"religious or charitable inam'' means grant of a village, portion of avillage or land with total or partial exemption from the payment of land revenuemade to or for the benefit of a religious or charitable institution and enteredas a religious or charitable inam (by whatever name called),-
(i)in the 1 [Belgaum Area], in the alienation register or inams registermaintained under the law relating to land revenue; and
(ii)in the 1 [Gulbarga Area] in the Book of Endowments maintained underthe Hyderabad Endowment Regulation, 1958 Fasli or the land records;
Explanation.-Ifany question arises whether any grant is a religious or charitable inam, suchquestion shall be referred to the State Government whose decision shall befinal.
(2)The words and expressions used, but not defined in this Act, shall have themeanings assigned to them in the Act or the 1 [Karnataka] Land ReformsAct, 1961 (1 [Karnataka] Act 10 of 1962).
__________________________
1.Substituted by Act 53 of 1976 w.e.f. 18.8.1976
(1)In this Act, unless the context otherwise requires,-
(a)''the Act'' means the 1 [Karnataka] Land Revenue Act, 1964 (1 [Karnataka]Act 12 of 1964);
(b)''appointed date'' means the date appointed under sub-section (4) of section 1;
(c)1 [Belgaum and Gulbarga Areas] means the areas referred to in clauses(b) and (c) of sub-section (1) of section 7 of the States Re-organisation Act,1956 (Central Act 37 of 1956);
(d)''Deputy Commissioner'' includes any officer not below the rank of an AssistantCommissioner authorised by the State Government by notification published in theofficial gazette, to exercise the powers of a Deputy Commissioner under thisAct;
(e)"inam'' includes an inam village and a minor inam;
(f)''inamdar'' means a religious or charitable institution owning an inam;
(g)''inam land'' means land held by or on behalf of a religious or charitableinstitution as an inam and includes land held as Mashruth-ul-Kidmat Madath-a-Mash and also lands endowed as wakf-e-tamal and Wakf-e-nama;
(h)''inam village'' means a village or portion of a village or hamlet or khandrigaheld by or on behalf of a religious or charitable institutions as an inam:
(i)''land records'' means records maintained under the provisions of or for thepurposes of the Act or any other law relevant for the purposes of this Act;
(j)''minor inam'' means an alienated holding other than an inam village, situatedin an alienated village or in an un-alienated village;
(k)"permanent tenant'' means a person who under the Act is entitled to atenancy in respect of any land used for agricultural purposes, the duration ofwhich is co-extensive with the duration of the tenure of the inamadar, but,where the inamdar is an institution of religious worship shall not include aperson rendering religious service in or maintaining the institution as a pujari,archak, mulla, kazi, mutawalli, muthsaddi, priest or holder of a similar officeby whatever name called or a person rendering any service in any suchinstitution and enjoying the benefit of any land comprised in the inam of suchinstitution, without paying rent as such in money or in kind to that institutionin respect of such land;
(l)''protected tenant'' means a tenant of any land comprised in an inam if he hasheld it continuously and cultivated personally for a period of not less thantwelve years prior to the appointed date and includes,-
(i)in the 1 [Belgaum Area] a person who was recognised to be a protectedtenant under the Bombay Tenancy and Agricultural Lands Act, 1948, as was inforce in that area,
(ii)in the 1 [Gulbarga Area] a person who was deemed to be a protectedtenant under the Hyderabad Tenancy and Agricultural Lands Act, 1950, as was inforce in that area,
priorto the coming into force of the 1 [Karnataka] Land Reforms Act, 1961 (1 [Karnataka]Act 10 of 1962), but, where the inamadar is an institution of religious worshipshall not include a person rendering religious service in or maintaining theinstitution as a pujari, archak, mulla, kazi, mutawalli, muthsaddi, priest orthe holder of a similar office by whatever name called or a person rendering anyservice in any such institution and enjoying the benefits of any land comprisedin the inam of such institution, without paying rent as such in money or in kindto that institution in respect of such land.
Explanation.-(1) If the tenant came to hold the land by inheritance or succession fromanother person or if he has held such land as a tenant and is an heir to suchperson, the period during which such other personheld such land as a tenant shall be included in calculating the period of twelveyears under this clause;
(2)If the tenant holding the land held, as a tenant. at any time within the twelveyears before the appointed day from the same landlord in the same village anyother land which he cultivated personally, the period during which he held suchother land shall be included in calculating the period of twelve years underthis clause;
(3)Where any land is held by two or more persons jointly as tenants all suchpersons shall if any one of them cultivated and continues to cultivate such landpersonally be deemed to be protected tenants in respect of such land;
(4)If a tenant had sub-let a land on account of any temporary disability, he shallbe deemed for purposes of his acquiring rights of protected tenant to continuein possession and cultivate the land personally for the period of the sub-lease;
(m)"prescribed'' means prescribed by rules made under this Act:
(n)"religious or charitable inam'' means grant of a village, portion of avillage or land with total or partial exemption from the payment of land revenuemade to or for the benefit of a religious or charitable institution and enteredas a religious or charitable inam (by whatever name called),-
(i)in the 1 [Belgaum Area], in the alienation register or inams registermaintained under the law relating to land revenue; and
(ii)in the 1 [Gulbarga Area] in the Book of Endowments maintained underthe Hyderabad Endowment Regulation, 1958 Fasli or the land records;
Explanation.-Ifany question arises whether any grant is a religious or charitable inam, suchquestion shall be referred to the State Government whose decision shall befinal.
(2)The words and expressions used, but not defined in this Act, shall have themeanings assigned to them in the Act or the 1 [Karnataka] Land ReformsAct, 1961 (1 [Karnataka] Act 10 of 1962).
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1.Substituted by Act 53 of 1976 w.e.f. 18.8.1976