Chapter II ABOLITION AND VESTING OF INAMS IN THE STATE AND ITS CONSEQUENCES

(1) Notwithstanding anything contained in any contract, grant or other instrument or in any other law for the time being in force, with effect from and on the appointed date all religious or charitable inams in the Belgaum and Gulbarga Areas of the State shall stand abolished. (2) Save as otherwise expressly provided in this Act, with effect from and on the appointed date, the following consequences shall ensue, namely:- (a) the provisions of the Act , relating to inams or alienated holding shall be deemed to have been repealed in their application to the inam or alienated holding and the provisions of the Act and all other enactments applicable to unalienated villages or lands shall apply to the said inam or alienated holdings; (b) all rights, title and interest vesting in the inamdar including those in all communal lands, cultivated lands, un-cultivated 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 Government, free from all encumbrances; (c) the inamdar shall cease to have any interest in the inam other than 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 appointed date shall be paid to the State Government and not to the inamadar and any payment made in contravention of this clause shall not be valid; (e) all arrears of land revenue, whether as jodi or quit rent and cesses remaining lawfully due on the appointed date in respect of any such inam shall after such date, continue to be recoverable from the inamadar 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 amount payable to such inamdar under this Act; (f) no such inam shall be liable to attachment 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 inrespect of such inams shall cease to 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 State Government may require for the administration thereof: Provided that the State Government shall not dispossess any person who is personally cultivating land in the inam until the Deputy Commissioner or the Karnataka Revenue Appellate Tribunal on appeal, if any, decide that such person is not actually entitled to be registered as the occupant or to be continued as a tenant under the provisions of this Act. Explanation.- For the purpose of this proviso, a person shall be deemed to be personally cultivating any land when he contributes his own physical labour or that of the members 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 in this 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 between the inamdar and the holder of a minor inam be extinguished; (k) permanent tenants and protected tenants and other tenants in the inam and persons holding under them and holders of minor inams shall, as against the State 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 shall cease and determine and shall not be enforceable against the State Government or such inamdar. (3) Nothing contained in sub-section (1) and sub-section (2) shall operate as a bar to the recovery by the inamdar of any sum which becomes due to him before the date of vesting by virtue of his rights as inamdar and any such sum may be recovered by him by any process of law which, but for this Act, would be available to him.

(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.

(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.

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.

(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.

(1) Subject to the provisions of sub-section (3), every holder of a minor inam shall, with effect from and on the appointed date, be entitled to be registered as an occupant of all lands which immediately before the appointed date were included in his holding, 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 section 4 or section 5 or section 7 or is entitled to be continued as a tenant under section 6 and also the extent of land in respect of which the said person is not entitled to be registered in view of the restrictions in section 10 or section 25 as the case may be; and (iii) lands upon which buildings owned by any person other than the holder of the minor inam have been erected. (2) Subject to the provisions of sub-section (3) every building situated within the limits of the minor inam and which was owned immediately before the appointed date by the holder of the minor inam shall, with effect from and on the appointed date, vest in the holder of the minor inam. (3) Notwithstanding anything contained in any law for the time being in force, the holder of a minor inam shall not be entitled to alienate the lands or the building vesting in him under sub-section (1) or sub-section (2), except by way of a simple mortgage to a society or a bank registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) or to the State Bank of India and its subsidiaries or a bank specified in column (2) of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970) or to a company or a corporation owned by or in which not less than fifty percent of the share capital is held by the State Government or the Central Government or partly by the State Government and partly by the Central Government and which has been set up with a view to provide agricultural credit to cultivators: Provided that nothing in this sub-section shall apply to any alienation effected with the previous sanction of the prescribed authority.

(1) Subject to the provisions of sub-section (3) , every inamdar shall, with effect from and on the appointed date, 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 section 4, section 5, section 7 or section 8 or is entitled to continue as a tenant under section 6 and also the extent of land in respect of which the said person is not entitled to be registered in view of the restrictions in section 10 or section 25, as the case may be; and (iii) lands upon which buildings owned by any person other than the inamdar have been erected. (2) Subject to the provisions of sub-section (3), every building situated within the limits of the inam which was owned immediately before the appointed date by the inamdar 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, an inamdar shall not be entitled to alienate the land or the building vesting in him under sub-section (1) or sub-section (2) except by way of a simple mortgage to a society or a bank registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) or to the State Bank of India and its subsidiaries or a bank specified in column (2) of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970) or to a company or a corporation owned by or in which not less than fifty per cent of the share capital is held by the State Government or the Central Government or partly by the State Government and partly by the Central Government and which has been set up with a view to provide agricultural credit to cultivators: Provided that nothing in this section shall apply to any alienation effected with the previous sanction of the prescribed authority. Explanation.- In this section ''Inamdar'' means an inamdar other than a holder of minor inam referred to in section 8.

(1) A person entitled to be registered as an occupant under section 4 or section 5 or section 7 or section 8 or section 9, as the case may be, or to be contained as a tenant under section 6 may, in such form and manner as may be prescribed, make an application to the Deputy Commissioner within twelve months from the appointed date: Provided that the Deputy Commissioner may on sufficient cause being shown accept such application after the expiry of twelve months but in no case he shall accept any application after the expiry of three years: Provided further that the right of any person to be registered as an occupant shall after the expiry of the said period of three years stand extinguished and the land shall vest in the State absolutely. (2) On receipt of the application under sub-section (1) or suo motu, the Deputy Commissioner shall examine the nature and history of all lands in respect of which 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 occupant under section 4 or section 5 or section 7 or section 8 or section 9 as the case may be, or in respect of which any person claims to be continued as tenant under section 6 and call for such other information as he may consider necessary and decide the land in respect of which the claim shall be allowed. (3) Notwithstanding anything contained in section 4 or section 5, the Deputy Commissioner shall not allow the claim of any person for any land in excess of the ceiling area fixed under the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962) for the time being in force.

(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.

(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).

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.

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.

(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)