The Mysore (Religious and Charitable) Inams Abolition Act, 1955
Chapter V Chapter V
Chapter V Chapter V
28. Conferment of rights in certain lands on inamdar
(1) The Government may, having regard to the benefits derived by the inamdar before the date of vesting from lands referred to in clause (i) of sub-section (1) of section 7 or clause (i) of sub-section (1) of section 8 which vest in the Government, and subject to such conditions and restrictions, as may be necessary, confer by order such rights in such lands as they may deem fit: Provided that the rights so conferred shall not affect the rights of any other person in such lands. (2) Where rights in any land are conferred on an inamdar under sub-section (1), the Government may determine such sum as they may consider to be fair and reasonable annual value of such rights, and such sum shall be deducted from the tasdik allowance payable under section 19 to such inamdar.
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29. Appeal from orders under section 9, 10, 21 or 26 to the prescribed authority
(1) Any person aggrieved by a decision of the Deputy Commissioner under section 9, 10, 21 or 26 may, within thirty days from the date of the decision, or such further time as the prescribed authority may for sufficient cause allow, appeal to the prescribed authority and its decision shall be final. (2) If any question arises whether any building or land falls within the scope of sub-section (2) of section 7 or sub-section (2) of section 8 or section 11 it shall be referred to the prescribed authority whose decision shall be final.
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30. Enquiries by the Deputy Commissioner
(1) The Deputy Commissioner may, by general or special order, authorise any officer not below the rank of an Amildar subordinate to him to hold enquiries on his behalf, under this Act. (2) In respect of every enquiry under this Act by the Deputy Commissioner or any officer authorised under sub-section (1), the provisions of the Land Revenue Code, relating to formal enquiry shall apply as if such enquiry is a formal enquiry under the said Code.
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31. Fee payable on applications, petitions, etc., under the Act
Notwithstanding anything contained in the Mysore Court-fees Act, 1900, or any other law for the time being in force, the fees payable on any application, memorandum of appeal or petition under this Act or rules made thereunder shall be such as may be prescribed.
Chapter V Chapter V
32. Jurisdiction of courts barred in certain cases
(1) No suit, prosecution or other proceeding shall lie against the Government for any act done or purporting to be done under this Act or any rule made thereunder. (2) (a) No suit, prosecution or other proceeding shall lie against any officer or servant of the Government for any act done or purporting to be done under this Act or any rule thereunder without the previous sanction of the Government. (b) No officer or servant of the Government shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith in the course of the execution of the duties or the discharge of the functions, imposed by or under this Act. (3) No suit, prosecution or other proceeding shall be instituted against any officer or servant of the Government for any act done or purporting to be done under this Act or any rule made thereunder, after the expiry of six months from the date of the act complained of.
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34. Power to make rules
(1) The Government may, subject to the condition of previous publication, make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for- (a) all matters expressly required or allowed by this Act to be prescribed; (b) the procedure to be followed by the Deputy Commissioner, authorities and officers appointed, or having jurisdiction under this Act; (c) the time within which applications and appeals may be presented under this Act, in cases for which no specific provision in that behalf is made herein; (d) the application of the provisions of the Code of Civil Procedure, 1908, and the Indian Limitation Act, 1908, to applications, appeals and proceedings under this Act. (3) All rules made under this section shall be published in the Mysore Gazette and on such publication shall have effect as if enacted in this Act. (4) All rules made under this Act shall be laid for not less than seven days before the State Legislature as soon as possible after they are made and shall be subject to such modifications as both Houses of the Legislature may make during the session in which they are so laid.
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35. Penalties
(1) If any person wilfully fails or neglects to comply with any lawful order passed under this Act or contravenes any such order or offers resistance or obstruction to the taking by the Deputy Commissioner of charge or possession of any property which has vested in the State under this Act or furnishes information which he knows or has reason to believe to be false or does not believe to be true, he shall, on conviction by a magistrate, be punishable with imprisonment which may extend to three months or with fine which may extend to Rs. 200 or with both. (2) No prosecution under sub-section (1) shall be instituted except with the previous sanction of the Deputy Commissioner of the District.
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36. Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, do anything which appears to them necessary for the purpose of removing the difficulty.
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