Chapter I PRELIMINARY

(1) This Act may be called the Karnataka (Belgaum and Gulbarga Areas) Religious and Charitable Inams Abolition Act, 1973. (2) It extends to the Belgaum and Gulbarga Areas of the State of Karnataka. (3) It applies to inams held by or for the benefit of charitable or religious institutions in the Belgaum and Gulbarga Areas of the State of 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 such date as the State Government may, by notification, published in the official Gazette, appoint.

(1) In this Act, unless the context otherwise requires,- (a) "the Act" means the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964); (b) "appointed date" means the date appointed under sub-section (4) of section 1; (c) "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 Assistant Commissioner authorised by the State Government by notification published in the official gazette, to exercise the powers of a Deputy Commissioner under this Act; (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 charitable institution 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 khandriga held 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 the purposes 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, situated in an alienated village or in an un-alienated village; (k) "permanent tenant" means a person who under the Act is entitled to a tenancy in respect of any land used for agricultural purposes, the duration of which 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 a person rendering religious service in or maintaining the institution as a pujari, archak, mulla, kazi, mutawalli, muthsaddi, priest or holder of a similar office by whatever name called or a person rendering any service in any such institution and enjoying the benefit 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; (l) "protected tenant" means a tenant of any land comprised in an inam if he has held it continuously and cultivated personally for a period of not less than twelve years prior to the appointed date and includes,- (i) in the Belgaum Area a person who was recognised to be a protected tenant under the Bombay Tenancy and Agricultural Lands Act, 1948, as was in force in that area, (ii) in the Gulbarga Area a person who was deemed to be a protected tenant under the Hyderabad Tenancy and Agricultural Lands Act, 1950, as was in force in that area, prior to the coming into force of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962), but, where the inamadar is an institution of religious worship shall not include a person 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 a person rendering any service in any such institution 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. Explanation.- (1) If the tenant came to hold the land by inheritance or succession from another person or if he has held such land as a tenant and is an heir to such (m) "prescribed'' means prescribed by rules made under this Act: (n) "religious or charitable inam'' means grant of a village, portion of a village or land with total or partial exemption from the payment of land revenue made to or for the benefit of a religious or charitable institution and entered as a religious or charitable inam (by whatever name called),- (i) in the Belgaum Area, in the alienation register or inams register maintained under the law relating to land revenue; and (ii) in the Gulbarga Area in the Book of Endowments maintained under the Hyderabad Endowment Regulation, 1958 Fasli or the land records; Explanation.-If any question arises whether any grant is a religious or charitable inam, such question shall be referred to the State Government whose decision shall be final. (2) The words and expressions used, but not defined in this Act, shall have the meanings assigned to them in the Act or the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962).