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

(1) Notwith-standing anything contained in any contract, grant or other instrument or in any decree or order of court or in any other law for the time being in force, with effect from and on the appointed date, the inam tenure of all inams and minor inams to which this Act applies under section 2 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shall ensue, namely:- (a) the provisions of the Act relating to inams of alienated holding shall be deemed to have been repealed in their application to inam or alienated holding and the provisions of the Act and all other enactments applicable to unalienated villages or lands shall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 inams or alienated holding; (b) all rights, title and interest vesting in the inamdar including those in all communal lands, cultivated 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 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 land revenue including the cesses and royalties accruing in respect of lands comprised in such inam villages or minor inams on or after the date of vesting shall be paid to the State Government and not to the inamdar 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 date of vesting in respect of any such inam village or minor inam shall, after such date continue to be recovered 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 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 other order for attachment passed before such date in respect of such inam village or minor inam 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, muchalikas, maps, plans and other documents relating to the inam which the State Government may require for the administration thereof; (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 a superior holder and inferior holder shall, as between the inamdar and the holder of a minor inam, be extinguished ; (j) the 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 the Karnataka Land Reforms Act, 1961 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 State Government or such inamdar. (3) Nothing contained in sub-section (1) or 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.

5. Right to be registered as occupants. Save as otherwise provided in this Act, with effect from and on the appointed date ,- (1) every tenant of the inamdar or holder of a minor inam shall be entitled to be registered as an occupant of lands in respect of which he was a tenant immediately before first day of March, 1974 ; (2) where the inamdar is an institution of religious worship, a person,- (i) rendering religious service in or maintaining the institution as a pujari, archak 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 first day of March, 1974, 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 be entitled to be registered as an occupant of such land ; (3) every inamdar including the holder of a minor inam shall be entitled to be registered as an occupant of all lands it was personally cultivating immediately before the said date.

6. Certain lands not to be registered. No holder of a minor inam and no inamdar shall be entitled to be registered as an occupant of,- (i) communal lands, uncultivated lands, waste lands, gomal lands, forest lands, tank beds, mines, quarries, rivers, streams, tanks and irrigation works; (ii) lands on which buildings owned by any person other than such holder of minor inam are erected.

(1) Every building other than a building referred to in sub-section (2) situated within the limits of a minor inam or an inam which was owned immediately before the appointed date by the holder of a minor inam or the inamdar, as the case may be, shall with effect from such date vest in the holder of minor inam or the inamdar. (2) Every private building situated within the limits of an inam shall, with effect from the said date, vest in the person who owned it immediately before that date. (3) Notwithstanding anything in sub-sections (1) and (2), where a tenant is in occupation of a dwelling house on a site belonging to the inamdar or the holder of a minor inam such tenant shall not be evicted therefrom but shall be conferred with ownership thereof and the site on payment of such amount as the Tribunal may fix having regard to ,- (i) the land revenue payable on the land ; (ii) who constructed the dwelling house ; and (iii) such other factors as may be prescribed.

(1) Where any land used for agricultural purpose has been converted to non-agricultural purpose the holder of such land shall, subject to the provisions of sub-section (3) of section 7 and the other provisions of this section, be entitled to keep the land. (2) Where the land converted was at the time of conversion in the occupation of a tenant and the converted land has not been put to non-agricultural use for which was converted, such land shall, subject to the other provisions of this Act, be registered in the name of the tenant : Provided that if the State Government is satisfied that the holder had done everything possible to put such land into non-agricultural use but could not do so for reasons beyond his control it, may, by order in writing permit the holder to retain the land : Provided further that in the case referred to in the preceding proviso, the tenant shall,- (i) notwithstanding anything in the Karnataka Land Reforms Act, 1961 be treated as a displaced tenant for purposes of section 77 of that Act; (ii) be paid an amount equal to one hundred times the land revenue of the land of which he was a tenant and the said amount shall be deducted from the amount payable to the inamdar under this Act.

(1) Every person who becomes entitled to be registered as an occupant under section 5 in respect 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 village 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 settlement ; (b) in the case of an inam village to which survey and settlement has not been introduced under the Act an amount equal to land revenue assessment levied on the same extent of similar land in an adjoining unalienated village. (2) The Deputy Commissioner shall, after such inquiry as he thinks fit, determine the land revenue payable under clause (b) of sub-section (1).

10. Saving of 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 5 including rights in any mines or minerals, quarries, fisheries, ferries or forest, the transactions shall be deemed to be valid and all rights and obligations arising thereunder on or after the appointed date 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 lands registered under section 5, the State Government may, if in its opinion, it is in the public interest to do so, by notice given 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 thereof. (2) The person, whose right has been terminated by the State Government under the foregoing proviso, 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. (3) Any right or privilege exercised or enjoyed by any person in respect of uncultivated jamma lands immediately before the appointed date shall, notwithstanding anything in this Act and until other provision is made in this behalf, continue to be exercised or enjoyed.