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KARNATAKA LAW OF INAM LANDS AND SERVICE INAMS



THE MYSORE (PERSONAL AND MISCELLANEOUS) INAMS ABOLITION ACT, 1954 [MYSORE ACT No, 1 OF 1955]

This Act brought out to provide for the abolition of personal inams and certain miscellaneous inams in the [Karnataka Area] except Bellary District. After vesting in Government, the only right of the landlord or tenant is to apply for grant of occupancy. When State grants occupancy, it confers fresh title, all prior rights being extinguished. "Inam" includes an inam village and a minor inam. "Inamdar" means a person holding in trust or owing for his own benefit an inam village or a minor inam or a share therein and includes the successors in interest of an inarndar; and Where an inamdar is a minor or of unsound mind or an idiot, his guardian, committee or other legal curator; where an inamdar is a joint Hindu family, such joint Hindu family; "Inam village" means an alienated village whether Sarvamanya, Jodi or Khayamgutta or a portion of such village; "Minor inam" means 'an alienated holding other than an inam village/ situated in an alienated village or in an unalienated village.


TYPES OF INAMS COVERED UNDER THE ACT

Personal inams: (including the Yelandur Jahgir but excluding any enfranchised inam in respect of which full land revenue assessment is payable) means a grant of a village, portion of a village, land or total or partial exemption of land revenue, entered in the register of inams, quit-rent register, alienation register, or any revenue account maintained by or under the authority of Government. In the case of personal inam, as personal inam, Brahmadaya inam, Agrahara inam, Shrotrium inam, Khayamgutta, Bhatamanya, Bharta Vrithi or Bramhadaya, Nanparvarsh inam, Raktakodigi or Netra Vattada inam, Ambiga inam, Anche Javan inam, Gollur inam, Palki inam, Sangitagar inam, Kaviswara inam, Fireworks inam/ Bhattaraju inam, Bombe or Bommalata inam, Killekyatara inam, Ghante Kodigi inam, Mondi inam, Budubudike inam, Punchangi inam and Pitteddala inam;


Khayamgutta villages; means a grant of a village, portion of a village, land or total or partial exemption of land revenue, entered in the register of inams, quit-rent register, alienation register, or any revenue account maintained by or under the authority of Government.

Kodagi or Bawadi Daswandam inams, means a grant of a village, portion of a village, land or total or partial exemption of land revenue, entered in the register of inams, quit-rent register, alienation register, or any revenue account maintained by or under the authority of Government. In the case of Kodagi or Bawadi Daswandam inam, as Kodgi inam or Bawadi Daswandam inam;


Miscellaneous service inams (including artisan inams, and excluding village service inams held by Shanbhogs and Patels, Thotis, Talaris and Nirgantis) means a grant of a village, portion of a village, land or total or partial exemption of land revenue, entered in the register of inams, quit-rent register, alienation register, or any revenue account maintained by or under the authority of Government. In the case of artisan inam, as Barber or Hajam inam, Blacksmith or Lohar inam, Washerman or Dhobi inam, Carpenter or Badagi inam, Nirganti or Kolavar or Munugu inam, potter or Kumbar inam, Cobbler or Chamber inam, Scavenger or Madigar inam. In the case of Miscellaneous Service inam, as Devadaya Service inarn, Bhuta inam, Uttar, Pujari inam, Nandadipa inam, Naivedya inarn, Mantrapushpa inam, Parayana inam, Huvina inam, Vyasa Puje inam, Rathotsava inam or Teru, Manya, Dadder inarn, Rakhavale inam, Tafe inam, Maha Purush inam, Karokal inam, Karadivadya inam, Jangam or Puravasaga inam, Lingadavira inam, Asadi inam, Potruju inam, Saraga inam, Dasari or Konlikar inam, Bhajantri inam, Sringanada inam, Karadivadya inam, Jangam or Puravaraga inam, Lingadavira inam, Asadi inam, Potruju inarn, Saraga inam Pindemanya, Sagavaii inam, Karagada inam, Kannadi inam, Gollur inam, Sweeper inam, Masalchi inam, Jain Basti inam, Masjid inam, Darga inam, Khayi inam, Bhairagi and Gosayi inam, Chuttram inam, Tope inam, Avenue inam, Despandya inam, Desamukhi inam, Desakulkarni inam, Nadiga inam, Nadagovidike inam, Setti inam, Chelvadi inam, Sayer Shanbog inam, Kote and Buraj inam, Sunnakallu inam, Pattari or Shroff inam, Medar inam, Kurubar inam, Kerebandi, Kerekona or Khulgri inam, Sunna kallu inam, and Gidekaval Hasargaval Kavalgar.




VESTING OF INAM IN THE STATE AND ITS CONSEQUENCES


SECTION 3:- When the notification under sub-section (4) of Section 1 in respect of any inam has been published in the Karnataka Gazette, then notwithstanding anything contained in any contract, grant or other instrument or in any other law for the time being in force, with effect on and from the date of vesting, and save as otherwise expressly provided in this Act/ the following consequences shall ensue, namely.—

a) the provisions of the Land Revenue Code relating to alienated holdings shall, except as respects minor inams to .. ; which this Act is not applicable, be deemed to have been repealed in their application to the inam; and the provisions of the Land Revenue Code and all other enactments applicable to unalienated villages shall apply to the said inam;

b) all rights, title and interest vesting in the inamdar including those in all communal 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 of Karnataka/ free from all encumbrances;

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

d) all rents and land revenue including cesses and royalties accruing in respect of lands comprised in such inam on or after the date of vesting shall be payable to the State and not to the inamdar and any payment made in contravention of this clause shall not be valid;

e) all arrears of revenue, whether as jodi, quit-rent, or khayarngutta, and cesses, remaining lawfully due on the date of vesting in respect of any such inarn shall after such date continue to be recoverable 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 compensation money payable to such inamdar under this Act;

f) no such inam shall be liable to attachment or sale in execution of any decree or other process of any Court and any attachment existing on the date of vesting or any order for attachment passed before such date in respect of such inam, shall, subject to the provisions of Section 73 of the Transfer of Property Act, 1882, cease to be in force;

g) the Government may, after removing any obstruction that may be offered/ forthwith take possession of the inam and all accounts, registers, pattas, mutchalikas, maps, plans and other documents relating to the inam which the Government, may require for the administration thereof: Provided that the Government shall not disposses any person of any land in respect of which they consider that he is prima fade entitled to be registered as the occupant or as the holder of a minor inam [or to be continued as a tenant;]

h) the inamdar and any other person whose rights have vested in the State of Karnataka under clause (b) shall be entitled only to compensation from the Government as provided in this Act;

i) the relationship of landlord and tenant shall, as between the inamd ar and a kadim tenant or permanent tenant or quasi-permanent tenant, be extinguished;

j) the relationship of superior holder and inferior holder shall, as between the inamdar and the holder of a minor inam, be extinguished;

k) Kadim tenants, permanent tenants and quasi-permanent tenants in the inam and persons holding under them and holders of minor inams shall, as against the Government, be entitled only to such rights and privileges and be subject to such conditions as are provided for by or under this Act; 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 Government or such inamdar.





THE MYSORE (RELIGIOUS AND CHARITABLE) INAMS ABOLITION ACT, 1955 [MYSORE ACT No. 18 OF 1955]

This Act to provides for the abolition of Religious and Charitable inams in the [Karnataka Area] except Bellary District. It applies to Religious inams including the Sringeri Jahgir; and Charitable inams. 'Religious inam', or 'charitable mam', means a grant of a village, portion of a village or land entered in the register of inams/ quit-rent register, alienation register, or any revenue account maintained by or under the authority of Government as Devadaya inam or Dharmadaya inam, as the case may be.



THE KARNATAKA VILLAGE OFFICES ABOLITION ACT, 1961 [KARNATAKA ACT NO. 14 OF 1961]


The definition of a 'village office' contained in the Act speaks not only of a village office to which there was before the commencement of the Constitution, an absolute family or hereditary right such as the village offices of the districts of Raichur, Bidar and Gulbarga which were in the erstwhile State of Hyderabad, but also of village offices to which the appointment was exercised primarily in favour of a person who belonged to particular family although he could not be so appointed if he did not have the prescribed eligibility. That is the meaning of the expression 'held hereditarily' occurring in the definition. The following offices in the State stand abolished:
(a) Posts of shanbhogs and patels of the old Mysore area; (b) kamams of Bellary and Kollegal; (c) shanbhogs in South Kanara; (d) stipendiary village accountants
appointed before the commencement of the Act in the old Mysore and Hyderabad
areas; (e) posts of all stipendiary patels in every part of the State; and (f) village servants or holders of inferior village offices.



Posts of talatis which replaced the posts of Kulkarnis in the old Bombay area, posts of village accountants in the North Kanara called Talati, and the posts of shanbhog in Coorg, not being hereditary are not abolished.

Under section 5 (3) :- The occupancy or the ryotwari patta of the land, as the case may be, re-granted under sub-section (1) shall not be transferable otherwise than by partition among members of Hindu Joint Family for a period of fifteen years from the date of regrant made on or after the date of commencement of the Karnataka Village Offices Abolition (Amendment) Act, 2003. Provided that such occupancy or the ryotwari patta in respect of land granted to the holder of a village office in an enfranchised inam shall be transferable with the previous sanction of the Deputy Commissioner which shall be granted on payment of an amount equal to fifteen times the amount of full assessment of the land.

Under Section 5(4) :- Any transfer of land in contravention of sub-section (3) shall be null and void and the land so transferred shall, as penalty, be forfeited to and vest in the State Government free from all encumbrances and any person in possession thereof shall be summarily evicted therefrom by the Deputy Commissioner and the land shall be disposed of in accordance with the law applicable to the disposal of unoccupied unalienated lands:
Provided that if the person who has transferred the land in contravention of sub-section (3) is not alive, while disposing of such land preference shall be given to the heirs of such person. Explanation.—For removal of doubts it is hereby declared that in subsection (3), and in this sub-section transfer includes creation of a lease.

Under Section 5(6) Notwithstanding anything contained in any law for the time being in force, any agreement for transfer of land resumed under clause (3) of Section 4, entered into prior to regrant thereof under sub-section (1), shall be null and void and any person in possession thereof in furtherance of such agreement shall be summarily evicted therefrom by the Deputy Commissioner.



Section 7. Eviction of unauthorised holders, etc.—(1) Where any land resumed under dause (3) of Section 4 is in the possession of an unauthorised holder such unauthorised holder shall be summarily evicted therefrom and the land shall be taken possession of by the Deputy Commissioner in accordance with law:
Provided that no such summary eviction shall be made except after giving the person affected a reasonable opportunity of making representation.
(2) Any order of eviction passed under sub-section (1) shall be final and shall not be questioned in any court of law and no injunction shall be granted by any court in respect of any proceeding taken or about to be taken by the Deputy Commissioner in pursuance of the power conferred by sub-section (1).
(3) The land from which an unauthorised holder is evicted under subsection (1) shall,
(a) if it was granted or continued in respect of or annexed to an inferior village office be regranted to the holder of such village office; and
(b) in other cases be disposed of in accordance with the law applicable to the disposal of unoccupied unalienated lands.



Section 7-A. Restriction on transfer, etc.—(1) No person shall transfer or acquire by transfer [for a period of fifteen years from the date of regrant made on or after the date of commencement (9-5-2003) of the Karnataka Village Offices Abolition (Amendment) Act, 2003 any land disposed or regranted under sub-section (4) of Section 5 or sub-section (3) of Section 7 and any transfer of such land in contravention thereof shall be null and void. The land so transferred shall vest in the State Government free from all encumbrances. The provisions of sub- section (5) of Section 5 shall mutatis mutandis apply to transfer of such land.
(2) Any person who acquires by transfer such land in contravention of sub-section (1) shall on conviction be punished with imprisonment which may extend to six months.









CASE LAW ON LAND LAWS

KARNATAKA LAND LAWS