Karnataka (Belgaum and Gulbarga Areas) Religious and Charitable Inams Abolition Act, 1973 Chapter II - Bare Act

State	Karnataka Government
Year	1973
Section Title	Abolition and Vesting of Inams in the State and Its Consequences

Act Info:

(1)Notwithstanding anything contained in any contract, grant or other instrument orin any other law for the time being in force, with effect from and on theappointed date all religious or charitable inams in the ¹ [Belgaum andGulbarga Areas] of the State shall stand abolished.

(2)Save as otherwise expressly provided in this Act, with effect from and on theappointed date, the following consequences shall ensue, namely:-

(a)the provisions of the Act , relating to inams or alienated holding shall bedeemed to have been repealed in their application to the inam or alienatedholding and the provisions of the Act and all other enactments applicable tounalienated villages or lands shall apply to the said inam or alienatedholdings;

(b)all rights, title and interest vesting in the inamdar including those in allcommunal lands, cultivated lands, un-cultivated lands, whether assessed or not,waste lands, pasture lands, forests, mines and minerals, quarries. rivers andstreams, tanks and irrigation works, fisheries, and ferries shall cease and bevested absolutely in the State Government, free from all encumbrances;

(c)the inamdar shall cease to have any interest in the inam other than interestsexpressly saved by or under the provisions of this Act;

(d)all rents and land revenue including cesses and royalties accruing in respect oflands comprised in such inam on or after the appointed date shall be paid to theState Government and not to the inamadar and any payment made in contraventionof this clause shall not be valid;

(e)all arrears of land revenue, whether as jodi or quit rent and cesses remaininglawfully due on the appointed date in respect of any such inam shall after suchdate, continue to be recoverable from the inamadar by whom they were payable andmay, without prejudice to any other mode of recovery, be realised by thededuction of the amount of such arrears and cesses from the amount payable tosuch inamdar under this Act;

(f)no such inam shall be liable to attachment in execution of any decree or otherprocess of any court and any attachment existing on the date of vesting or anyorder for attachment passed before such date inrespect of such inams shall ceaseto 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,muchlikas, maps, plans and other documents relating to the inam which the StateGovernment may require for the administration thereof:

Providedthat the State Government shall not dispossess any person who is personallycultivating land in the inam until the Deputy Commissioner or the ¹ [Karnataka]Revenue Appellate Tribunal on appeal, if any, decide that such person is notactually entitled to be registered as the occupant or to be continued as atenant under the provisions of this Act.

Explanation.-For the purpose of this proviso, a person shall be deemed to be personallycultivating any land when he contributes his own physical labour or that of themembers of his family in the cultivation of that land;

(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 inthis Act;

(i)the relationship of landlord and tenant shall as between the inamdar and tenant,whether permanent, protected or otherwise, be extinguished;

(j)the relationship of a superior holder and an inferior holder shall as betweenthe inamdar and the holder of a minor inam be extinguished;

(k)permanent tenants and protected tenants and other tenants in the inam andpersons holding under them and holders of minor inams shall, as against theState Government, be entitled only to such rights and privileges and be subjectto such conditions as are provided for by or under this Act, and any otherrights and privileges which may haveaccrued to them shall cease and determine and shall not be enforceable againstthe State Government or such inamdar.

(3)Nothing contained in sub-section (1) and sub-section (2) shall operate as a barto the recovery by the inamdar of any sum which becomes due to him before thedate of vesting by virtue of his rights as inamdar and any such sum may berecovered by him by any process of law which, but for this Act, would beavailable to him.

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1.Substituted by Act 53 of 1976 w.e.f. 18.8.1976

Section 3 - Abolition, vesting of inams and the consequence thereof

(2)Save as otherwise expressly provided in this Act, with effect from and on theappointed date, the following consequences shall ensue, namely:-

(c)the inamdar shall cease to have any interest in the inam other than interestsexpressly saved by or under the provisions of this Act;

(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 inthis Act;

(i)the relationship of landlord and tenant shall as between the inamdar and tenant,whether permanent, protected or otherwise, be extinguished;

(j)the relationship of a superior holder and an inferior holder shall as betweenthe inamdar and the holder of a minor inam be extinguished;

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1.Substituted by Act 53 of 1976 w.e.f. 18.8.1976

Section 4 - Permanent tenants to be registered as occupants on certain conditions

(1) Subject to the provisions of sub-section (2) and of section 10 every permanent tenant of the inamdar shall, with effect from and on the appointed date, be entitled to be registered as an occupant in respect of all lands of which he was permanent tenant immediately before the appointed date.

(2) In addition to the annual land revenue payable in respect of the land, a permanent tenant entitled to be registered as an occupant of any land under sub-section (1) shall be liable to pay to the State Government as premium for acquisition of ownership of that land, an amount equal to twenty times the land revenue of such land and the amount of premium shall be payable in not more than ten annual instalments along with the annual land revenue and in default of such payment, the amount due shall be recovered as an arrear of land revenue due on the land in respect of which it is payable:

Provided that premium of such land shall not exceed fifteen times the difference between the rent and land revenue payable immediately before the appointed date by the permanent tenant to the inamdar:

Provided further that where a permanent tenant entitled to be registered as an occupant of land under sub-section (1) is shown, as an occupant in the settlement register and other records prepared under the Act or where the rent paid by a permanent tenant entitled to be registered as an occupant under sub-section (1), is equal to the land revenue, no premium shall be payable under this sub-section.

Section 5 - Protected tenants to be registered as occupants on certain conditions

(1) Subject to the provision of sub-section (2) and of section 10 every protected tenant of the inamdar shall, with effect from and on the appointed date be entitled to be registered as an occupant in respect of lands of which he was a protected tenant immediately before the appointed date.

(2) In addition to the annual land revenue payable in respect of the land, a protected tenant entitled to be registered as an occupant of any land under sub-section (1), shall be liable to pay to the State Government as premium for acquisition of ownership of the land, an amount equal to fifty times the land revenue of such land. The amount of premium shall be payable in not more than ten annual instalments along with the annual land revenue and in default of such payment, the amount due shall be recovered as an arrear of land revenue due on the land in respect of which it is payable.

Section 6 - Other tenants to be tenants under State Government

Every tenant of the inamdar other than a permanent tenant or a protected tenant shall, with effect from and on the appointed date and subject to the provisions of Chapter IV be entitled to be continued as a tenant under the State Government in respect of the land of which he was a tenant under the inamdar immediately before the date of vesting.

Section 7 - Pujari, archak, etc., to be registered as an occupant on certain conditions

(1) Where the inamdar is an institution of religious worship, a person,-

(i) rendering religious service in or maintaining the institution as a pujari, archak, mulla, kazi, mutawalli, muthsaddi, priest 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 appointed date 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, with effect from and on the appointed date and subject to the provisions of sub-section (2) and of section 25 be entitled to be registered as an occupant of such land.

(2) In addition to the annual land revenue payable in respect of the land, the person entitled to be registered as an occupant of any land under sub-section (1) shall be liable to pay to the State Government as premium for acquisition of ownership of that land an amount equal to one hundred times the land revenue of such land. The amount of premium shall be payable in not more than ten annual instalments along with the annual land revenue and in default of such payment, the amount due shall be recovered as an arrear of land revenue due on the land in respect of which it is payable.

Section 8 - Lands and buildings to vest in the holder of a minor inam

(1) Subject to theprovisions of sub-section (3), every holder of a minor inam shall, with effectfrom and on the appointed date, be entitled to be registered as an occupant ofall lands which immediately before the appointed date were included in hisholding, other than,-

(i)communal lands, un-cultivated lands, waste lands, gomal lands, forest lands,tank beds, mines, quarries, rivers, streams, tanks and irrigation works;

(ii)lands in respect of which any person is entitled to be registered under section4 or section 5 or section 7 or is entitled to be continued as a tenant undersection 6 and also the extent of land in respect of which the said person is notentitled to be registered in view of the restrictions in section 10 or section25 as the case may be; and

(iii)lands upon which buildings owned by any person other than the holder of theminor inam have been erected.

(2)Subject to the provisions of sub-section (3) every building situated within thelimits of the minor inam and which was owned immediately before the appointeddate by the holder of the minor inam shall, with effect from and on theappointed date, vest in the holder of the minor inam.

(3)Notwithstanding anything contained in any law for the time being in force, theholder of a minor inam shall not be entitled to alienate the lands or thebuilding vesting in him under sub-section (1) or sub-section (2), except by wayof a simple mortgage to a society or a bank registered under the ¹ [Karnataka]Co-operative Societies Act, 1959 (¹ [Karnataka] Act 11 of 1959) or to the StateBank of India and its subsidiaries or a bank specified in column (2) of theFirst Schedule to the Banking Companies (Acquisition and Transfer ofUndertakings) Act, 1970 (Central Act 5 of 1970) or to a company or a corporationowned by or in which not less than fifty percent of the share capital is held bythe State Government or the Central Government or partly by the State Governmentand partly by the Central Government and which has been set up with a view toprovide agricultural credit to cultivators:

Providedthat nothing in this sub-section shall apply to any alienation effected with theprevious sanction of the prescribed authority.

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1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976

Section 8 - Lands and buildings to vest in the holder of a minor inam

(i)communal lands, un-cultivated lands, waste lands, gomal lands, forest lands,tank beds, mines, quarries, rivers, streams, tanks and irrigation works;

(iii)lands upon which buildings owned by any person other than the holder of theminor inam have been erected.

Providedthat nothing in this sub-section shall apply to any alienation effected with theprevious sanction of the prescribed authority.

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1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976

Section 9 - Lands and buildings to vest in inamdar

(1) Subject to the provisions ofsub-section (3) , every inamdar shall, with effect from and on the appointeddate, be entitled to be registered as an occupant of all lands other than,-

(i)communal lands, un-cultivated lands, waste lands, gomal lands, forest lands,tank beds, mines, quarries, rivers, streams, tanks and irrigation works;

(ii)land in respect of which any person is entitled to be registered under section4, section 5, section 7 or section 8 or is entitled to continue as a tenantunder section 6 and also the extent of land in respect of which the said personis not entitled to be registered in view of the restrictions in section 10 orsection 25, as the case may be; and

(iii)lands upon which buildings owned by any person other than the inamdar have beenerected.

(2)Subject to the provisions of sub-section (3), every building situated within thelimits of the inam which was owned immediately before the appointed date by theinamdar shall, with effect from and on the appointed date, vest in the inamdar.

(3)Notwithstanding anything contained in any law for the time being in force, aninamdar shall not be entitled to alienate the land or the building vesting inhim under sub-section (1) or sub-section (2) except by way of a simple mortgageto a society or a bank registered under the ¹ [Karnataka] Co-operative SocietiesAct, 1959 (¹ [Karnataka] Act 11 of 1959) or to the State Bank of India and itssubsidiaries or a bank specified in column (2) of the First Schedule to theBanking Companies (Acquisition and Transfer of Under-takings) Act, 1970 (CentralAct 5 of 1970) or to a company or a corporation owned by or in which not lessthan fifty per cent of the share capital is held by the State Government or theCentral Government or partly by the State Government and partly by the CentralGovernment and which has been set up with a view to provide agricultural creditto cultivators:

Providedthat nothing in this section shall apply to any alienation effected with theprevious sanction of the prescribed authority.

Explanation.-In this section ''Inamdar'' means an inamdar other than a holder of minor inamreferred to in section 8.

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1.Substituted by Act 53 of 1976 w.e.f. 18.8.1976

Section 9 - Lands and buildings to vest in inamdar

(1) Subject to the provisions ofsub-section (3) , every inamdar shall, with effect from and on the appointeddate, be entitled to be registered as an occupant of all lands other than,-

(i)communal lands, un-cultivated lands, waste lands, gomal lands, forest lands,tank beds, mines, quarries, rivers, streams, tanks and irrigation works;

(iii)lands upon which buildings owned by any person other than the inamdar have beenerected.

Providedthat nothing in this section shall apply to any alienation effected with theprevious sanction of the prescribed authority.

Explanation.-In this section ''Inamdar'' means an inamdar other than a holder of minor inamreferred to in section 8.

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1.Substituted by Act 53 of 1976 w.e.f. 18.8.1976

Section 10 - Determination of claims for registration of occupancy and continuance of tenancy

(1) A person entitled to be registered as an occupant under section 4or section 5 or section 7 or section 8 or section 9, as the case may be, or tobe contained as a tenant under section 6 may, in such form and manner as may beprescribed, make an application to the Deputy Commissioner within twelve monthsfrom the appointed date:

Providedthat the Deputy Commissioner may on sufficient cause being shown accept suchapplication after the expiry of twelve months but in no case he shall accept anyapplication after the expiry of three years:

Providedfurther that the right of any person to be registered as an occupant shall afterthe expiry of the said period of three years stand extinguished and the landshall vest in the State absolutely.

(2)On receipt of the application under sub-section (1) or suo motu, the DeputyCommissioner shall examine the nature and history of all lands in respect ofwhich a permanent tenant, protected tenant, the person referred to in section 7,the holder of a minor inam or an inamdar claims to be registered as an occupantunder section 4 or section 5 or section 7 or section 8 or section 9 as the casemay be, or in respect of which any person claims to be continued as tenant undersection 6 and call for such other information as he may consider necessary anddecide the land in respect of which the claim shall be allowed.

(3)Notwithstanding anything contained in section 4 or section 5, the DeputyCommissioner shall not allow the claim of any person for any land in excess ofthe ceiling area fixed under the ¹ [Karnataka] Land Reforms Act, 1961(¹ [Karnataka] Act 10 of 1962) for the time being in force.

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1.Substituted by Act 53 of 1976 w.e.f. 18.8.1976

Section 10 - Determination of claims for registration of occupancy and continuance of tenancy

Providedfurther that the right of any person to be registered as an occupant shall afterthe expiry of the said period of three years stand extinguished and the landshall vest in the State absolutely.

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1.Substituted by Act 53 of 1976 w.e.f. 18.8.1976

Section 11 - Entries to be made in the record of rights

(1) After the determination of claims under section 10, the Deputy Commissioner shall send the prescribed particulars of the decision to the officer maintaining the record of rights under the Act.

(2) On receipt of the particulars under sub-section (1) and notwithstanding anything contained in the Act, the officer concerned shall enter such particulars in the register.

Section 12 - Liability to pay land revenue to State Government

(1) Every person, who becomes entitled to be registered as an occupant under section 4 or section 5 or section 7 or section 8 or section 9, in respect of 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 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 settlements; and

(b) in the case of an inam 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 making such inquiry as he thinks fit, determine the land revenue payable under clause (b) of sub-section (1).

Section 13 - Vesting of certain building situated in an inam

Every private building other than buildings which vest under sections 8 and 9 situated within the limits of an inam shall, with effect from and on the appointed date, vest in the person who owned it immediately before that date.

Section 14 - Right to agricultural land used for non-agricultural purposes

Where any land used for agricultural purposes has been converted for any purposes not connected with agriculture, the holder of such land shall be entitled to keep the land, provided that such conversion was not void or illegal under any law in force at the time.

Section 15 - Saving or 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 8 or section 9 (whether by way of lease or otherwise) including rights in any mines or minerals qurries, fisheries, forests or ferries, the transaction shall be deemed to be valid and all rights and obligations arising thereunder on or after the appointed date shall 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 land registered under section 8 or section 9, the State Government may if in its opinion it is in the public interest so to do. by giving notice 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 of the notice.

(2) The person whose right has been terminated by the State Government under the second proviso to sub-section (1) 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.