Chapter IV DETERMINATION OF AMOUNT PAYABLE IN RESPECT OF PERSONAL INAMS

(1) The amount payable in respect of personal inam shall be determined in accordance with the provisions of this Chapter.

1. (2) The amount shall be determined for the inam as a whole and not separately for each of the interests therein.

(1) The amount payable in respect of an inam other than a religious or charitable inam vesting in the State Government under this Act shall be the aggregate of the following, namely :-

1. (i) A sum equal to ten times the net annual income from the lands held by the tenants entitled to be registered under section 4 of this Act;
2. (ii) the value, as determined by the Forest Department, of such of the sandalwood trees on the lands (other than the lands in respect of which the Inamdar is registered as an occupant) as are actually existing on the appointed day and registered prior to the 11th of September 1973 in accordance with the rules made under the Karnataka Forest Act, 1963 (Karnataka Act 5 of 1964) ; and
3. (iii) the amount specified below in respect of the income from minor forest produce (other than sandalwood) namely :- Rs.

1. (a) in the case of Muraripura village .. 800
2. (b) in the case of Emmehatti village .. 1,000
3. (c) in the case of Vittalanagar village .. 1,500
4. (d) in the case of other villages referred to at serial Nos. 4,5,6,7,8,10,11,13,14,19,

20 and 23 of Schedule I Nil

1. (2) For purposes of sub-section (1), the net annual income shall be deemed to be,-
   • (i) in respect of lands held by permanent tenants, the land revenue of such lands less the proportionate land revenue, jodi, quit rent or peshkush paid by the Inamdar, to the State Government, as determined in the prescribed manner;
   • (ii) in respect of lands held by other tenants, ten times the land revenue of such lands less the proportionate land revenue, jodi, quit rent or peshkush paid by the Inamdar to the State Government, determined in the prescribed manner.

(1) The amount shall be due as from the appointed date and shall carry interest at the rate of two and three fourths per cent per annum from the appointed date to the date of payment.

1. (2) The amount payable under this Act may, in accordance with the rules made in this behalf, be paid in one or more of the following modes, namely:-
   • (i) in cash in full or in annual instalments not exceeding ten ;
   • (ii) in bonds, either negotiable or not negotiable carrying interest at the rate specified in sub-section (1) and of guaranteed face value maturing within a specified period not exceeding ten years : Provided that the amount payable under the bonds issued under this clause may be repaid in such number of instalments not exceeding ten as may be prescribed.

(1) Where the amount is not paid to an inamdar within a period of six months from the date of vesting, the State Government shall, subject to such restrictions and conditions as to security, repayment or otherwise as may be prescribed, direct the payment to each such inamdar of an interim amount which shall be equal to one-fifth of the estimated amount payable.

1. (2) Interest at the rate specified in sub-section (1) of section 14 on the estimated amount payable or on the balance of the estimated amount payable after deducting the interim payment under sub-section (1) may be paid every year until the amount payable is determined under section 16,-
   • (a) if there are no persons interested in the amount other than such inamdar, to such inamdar ;
   • (b) if there are persons other than the inamdars interested in the amount who have made claims under section 18, to such person or persons and in such proportions as all the persons interested in the amount may, by agreement in writing, specify.
2. (3) The interim amount payable under sub-section (1) and the interest payable under sub-section (2) may be paid in the prescribed manner.

The Deputy Commissioner shall, after giving the applicant a reasonable opportunity to make his representation in regard thereto determine in accordance with such of the foregoing provisions as may be applicable to the inam, the total amount payable in respect of the inam.

1. (2) Any inamdar or other person interested may within such time as may be prescribed or such further time as the Deputy Commissioner may, in his discretion allow, apply in writing to the Deputy Commissioner for a copy of the data on the basis of which he proposes to determine the total amount payable.
2. (3) On receipt of such application, the Deputy Commissioner shall furnish the data aforesaid to the applicant.
3. (4) A copy of every order passed under sub-section (1) shall be communicated to every inamdar concerned and also to every applicant under sub-section (2).

(1) As soon as may be after the appointed date the Deputy Commissioner shall,-

1. (a) publish copies of the notification under sub-section (4) of section 1, at a convenient place in and in the vicinity of the inam ;
2. (b) cause public notice to be given at a convenient place in or near the inam, requiring that claims of all persons interested in the amount or in any portion thereof, including the inamdar, the members of his family, claiming any such portion whether by way of a share or by way of maintenance or otherwise, and creditors whose debts are secured by the mortgage of or as a charge on the inam or any part thereof, other than lands and buildings which vest in the inamdar under section 4 or 6, shall be made to him, together with the nature and particulars or such claims in person or by agent at a time and place therein mentioned, such time not being earlier

than sixty days from the date of publication of notice. Such notice shall also be published in the official Gazette.

1. (2) Any claim against the amount payable which is not made to the Deputy Commissioner within the time aforesaid shall cease to be enforceable. The Deputy Commissioner, may however for sufficient cause permit a claim to be made beyond the period aforesaid.

Deputy Commissioner shall, after giving notice to all persons who claim under section 17 and to any others whom he considers to be interested, make enquiry into the validity of the claims received by him, and determine the persons, who in his opinion, are entitled to the amount and the amount to which each of them is entitled.

(1) As a preliminary to such determination, the Deputy Commissioner shall apportion the amount among the inamdar and any other persons whose rights or interests in the inam have passed to and vested in the State Government under clause (b) of sub-section (2) of section 3 including persons who are entitled to be maintained from the inam and its income, as far as possible, in accordance with the value of their respective interests in the inam.

1. (2) The value of the interests shall be ascertained in such manner as may be prescribed.

(1) After the amount has been apportioned among the persons referred to in section 19 or where it is more convenient to do so pending the apportionment, the Deputy Commissioner shall take into consideration the application of the secured creditors referred to in section 18, and decide the amount to which each such creditor is entitled and the person or persons out of whose share or shares of the amount such amount should be paid :

Provided that any amount due to the State Government either as land revenue or otherwise shall first be deducted from the amount payable.

1. (2) The amount payable by the State Government to secure creditors on account of holding any mortgage or charge, notwithstanding anything contained in any law for the time being in force, shall not exceed the amount payable in respect of the inam or portion thereof.

Where it is alleged that the interest of any person entitled to receive payment of any portion of the amount has devolved on any other person or persons whether by act of parties or by operation of law, the Deputy Commissioner shall after giving the parties an opportunity of being heard determine whether there has been any devolution of the interest and if so, on whom it has devolved.