The Mysore (Religious and Charitable) Inams Abolition Act, 1955

MYSORE ACT No. OF 193% Gkat published in tle Mysore Gazette on the F;not D of September 1955.) THE MYSORE (RELIGIOUS AND CHARITABLE) INAMS ABOLITION ACT, 1955 (Received tlhe assent of the President on the Nineteenth Day of Augst 1955.) , At to provide for the abolition of religious and charitable inams in the State of Mysore except Bellary District. WIEREAS it is expedient in the public interest to provide for the Lbolition of religious and charitable inams in the State of Mysore axOEDt Bellary District and for other matters connected there ith; Be it enacted by the Mysore State Legislature in the Sixth Year of he Republic of India as follows : -

(1) When the notification under sub-section (4) of section 1 in respect of any inam has been published in the Mysore Gazette, then, notwithstanding anything contained in any contract, grant or other instrument or in any other law for the time being in force, with effect on and from the date of vesting, and save as otherwise expressly provided in this Act, the following consequences shall ensue, namely: (a) the provisions of the Land Revenue Code relating to alienated holdings shall be deemed to have been repealed in their application to the inam; and the provisions of the Land Revenue Code and all other enactments applicable to unalienated villages shall apply to the said inam; (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 of Mysore, free from all encumbrances; (c) the inamdar shall cease to have any interest in the inam other than the 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 date of vesting shall be payable to the State and not to the inamdar and any payment made in contravention of this clause shall not be valid; (e) all arrears of revenue, whether as jodi or quit-rent and other dues remaining lawfully due on the date of vesting shall be recoverable 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 compensation money 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 in respect of such inam, shall cease to be in force; (g) the Government may, after removing any obstruction that may be offered, forthwith take possession of the inam and all accounts, registers, pattas, mutehalikas, maps, plans and other documents relating to the inam which the Government may require for the administration thereof: Provided that the Government shall not dispossess any person of any land in respect of which they consider that he is prima facie entitled to be registered as the occupant; (h) the inamdar whose rights have vested in the State of Mysore under clause (b) shall be entitled only to compensation from the Government as provided in this Act; (i) the relationship of landlord and tenant shall, as between the inamdar and a kadim tenant or a permanent tenant or any other tenant, be extinguished; (j) the relationship of superior holder and inferior holder shall, as between the inamdar and the holder of a minor inam, be extinguished. (2) Kadim tenants, permanent tenants and other tenants in the inam and persons holding under them and holders of minor inams shall, as against the 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 in the inam before the date of vesting against the inamdar shall cease and determine and shall not be enforceable against the Government or such inamdar. (3) Nothing contained in sub-section (1) 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 shall be recoverable by him by any process of law which but for this Act would be available to him, and all suits and proceedings in respect of any such inam shall after such date continue to be.

Every kadim tenant of the inamdar shall, with effect on and from the date of vesting, be entitled to be registered as an occupant in respect of all lands which immediately before the date of vesting, were included in his holding. Nothing in this Act shall affect any right created by the kadim tenant in any land included in his holding.

(1) Subject to the provisions of sub-section (3) every holder of a minor inam shall, with effect on and from the date of vesting be entitled to be registered as an occupant of all lands which immediately before the date of vesting were included in his holding other than— (i) communal 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 5; or is entitled to be continued as a tenant under section 6; and (iii) lands upon which have been erected buildings owned by any person other than the holder of the minor inam. (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 date of vesting by the holder of the minor inam, shall, with effect on and from such 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 land or the building vesting in him under sub-section (1) or (2), except by way of lease for a term not exceeding five years: Provided that nothing in this sub-section shall apply to an alienation effected with the previous sanction of the prescribed authority.

(1) Subject to the provisions of sub-section (3) every inamdar shall, with effect on and from the date of vesting, be entitled to be registered as an occupant of all lands other than— (i) communal 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, 5 or 7; or is entitled to be continued as a tenant under section 6; and (iii) lands upon which have been erected buildings owned by any person other than the inamdar. (2) Subject to the provisions of sub-section (3) every building situated within the limits of the inam which was owned immediately before the date of vesting by the inamdar shall, with effect on and from such date, vest in the inamdar. Explanation.—In this section "inamdar" means an inamdar other than a holder of a minor inam referred to in section 7. (3) Notwithstanding anything contained in any law for the time being in force, the inamdar shall not be entitled to alienate the land or building vested in him under sub-section (1) or (2), except by way of a lease for a term not exceeding five years: Provided that nothing in this sub-section shall apply to any alienation effected with the previous sanction of the prescribed authority.

The Deputy Commissioner shall examine the nature and history of all lands in respect of which a kadim tenant, a permanent tenant, the holder of a minor inam, or an inamdar claims to be registered as occupant under sections 4, 5, 7 and 8, as the case may be, or in respect of which any person claims to be continued as tenant under section 6, and decide in respect of which lands the claims should be allowed.

(1) Every person whether a kadim tenant, a permanent tenant, the holder of a minor inam, or an inamdar who becomes entitled to be registered as an occupant under sections 4, 5, 7 and 8 in respect of any land shall, with effect on and from the date of vesting, be liable to pay to the Government as land revenue, (a) in the case of an inam village to which survey and settlement has been introduced under section 113 of the Land Revenue Code, the 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 section 113 of the Land Revenue Code, the amount equal to the land revenue assessment levied on the same extent of similar land in an adjoining alienated village. The Deputy Commissioner shall, after such enquiry, as he determines, fix the land revenue payable under clause (b).

Where any land used for agricultural purposes has been converted for any purpose unconnected 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 date of vesting, an inamdar has created any right in any land which vests in the State, other than land registered under section 7 or 8 (whether by way of lease or otherwise) including rights in any forest, mines or minerals, quarries, fisheries or ferries, the transaction shall be deemed to be valid and all rights and obligations arising thereunder, on or after the date of vesting, shall be enforceable by or against the Government: Provided that the transaction was not void or illegal under any law in force at the time: Provided also that where such right was created in any land, unless it relates to land registered under section 7 or 8 the Government may, if, in their 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 Government under the foregoing proviso, shall be entitled to compensation from the Government equal to the estimated net income to 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.

The compensation payable in respect of an inam shall be determined in accordance with the provisions of this Chapter. Compensation payable shall be determined separately for each of the interests therein.

The compensation shall be determined for the inam as a whole and not separately.

A sum called the basic annual sum shall first be determined in respect of the inam.

(1) The basic annual sum of an inam shall be the aggregate of the sums specified below, less the deductions specified in section 18: (i) the whole of the average net annual income derived by the inamdar during a period of five years immediately preceding the date of vesting from lands in respect of which any person is entitled to be registered under sections 4, 5 and 7; (ii) the whole of the average net annual income derived by the inamdar during a period of five years immediately preceding the date of vesting from lands other than lands in respect of which any person is entitled to be registered under sections 4, 5, 7 and 8: Provided that (a) the income from sandalwood or any other reserved forest produce shall not be included in the annual income from forests unless the right thereto was expressly conferred on the inamdar by a competent authority; (b) the income from royalty on minerals or from mining leases shall not be included in the annual income unless the right to such minerals or mines was expressly conferred on the inamdar by a competent authority and such right was recognised under section 38 of the Land Revenue Code; (c) the income from ferries shall not be included in the annual income unless the right to such ferries was expressly granted to the inamdar by a competent authority. (2) Where the particulars necessary to compute the average net annual income under clause (i) of sub-section (1) are not available for the full period or where the particulars available appear in material respects to be incorrect, the computation may be made in such manner as may be prescribed. (3) The provisions of sub-section (1) shall, in their application to a minor inam, be subject to the modification that in clause (i) and clause (ii), the reference to section 7 and section 8, respectively, shall be omitted.

(1) The Government shall pay to the inamdar every year so long as the institution exists as compensation for all the rights of the inamdar vesting in the State of Mysore under this Act, the basic annual sum as a tasdik allowance. (2) The sum payable under sub-section (1) may be paid in such form and manner, and at such time or times, and in one or more instalments as may be prescribed.

(1) After the date of vesting and before the sums payable to the inamdar concerned have been finally determined under sub-section (1) of section 19, the Government shall pay to the inamdar (a) in respect of the revenue year in which the notification under sub-section (4) of section 1 in respect of the inam concerned is published in the Mysore Gazette, such sum as they may, on an approximate calculation, determine to be payable to the inamdar under sub-section (1) of section 19, less the rents, if any, collected before the date of vesting by the inamdar from the kadim tenants and permanent tenants in respect of that revenue year; (b) in respect of each subsequent revenue year, the sum determined under clause (a), unless data for the better calculation thereof have since become available, in which case, the sum to be paid shall be revised by the Government with reference to such data. (2) After the sum payable to the inamdar under sub-section (1) of section 19, has been finally determined, all interim payments made to the inamdar under sub-section (1) of this section together with the rent, if any, collected by the inamdar before the date of vesting, shall be adjusted towards the sum so determined; and any deficiency shall be made good to the inamdar by the Government, and any excess shall be deducted from the sum payable to the inamdar by the Government in any subsequent revenue year or years.

(1) The Deputy Commissioner shall determine in accordance with the foregoing provisions the basic annual sum in respect of the inam. (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 basic annual sum. (3) On the receipt of such application, the Deputy Commissioner shall furnish the data aforesaid to the applicant; and shall also before passing any order under sub-section (1), give the applicant reasonable opportunity of making his representation in regard thereto, in writing or orally. (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).

The provisions of this Chapter shall apply to the tenants continued under section 6.

Every tenant shall pay to the Government the rent which was being paid by him to the inamdar immediately before the date of vesting: Provided that such rent shall in no case exceed the maximum rent fixed under the Mysore Tenancy Act, 1952.

If a tenant dies, the Government shall continue the tenancy on the same terms and conditions on which such tenant was holding it at the time of his death in favour of the heir or heirs of the deceased tenant unless such heir or heirs do not agree to continue the tenancy on the same terms and conditions on which the deceased tenant was holding the land: Provided that such heir or heirs pay or undertake to pay the arrears of rent due. Explanation.--For the purposes of this section, an heir means any one of the following relatives of the deceased tenant: (a) son (b) son's son (c) son's son's son (d) widow (e) daughter (f) daughter's son (g) mother (h) father (i) daughter's daughter (j) brother (k) sister (l) brother's son (m) sister's son Provided that where the deceased tenant is survived by more relatives than one, the relative specified earlier in the order set out above shall exclude all others coming after him: Provided further that in any case in which the tenant was a manager of a joint hindu family the person who succeeds as the manager of such family shall be deemed to be the heir.

(1) The tenancy of any land held by a tenant shall not be terminated unless such tenant (i) has failed to pay the rent of such land for any year; (ii) has done any act which is destructive or permanently injurious to the land; (iii) has failed to cultivate the land; (iv) has left the land fallow; or (v) has used such land for a purpose other than agriculture. (2) No sub-letting of the land or assignment of any interest held by a tenant shall be valid. Such sub-letting or assignment shall terminate the tenancy: Provided that nothing in this sub-section shall apply to sub-letting of any land held by a tenant who is a widow or a minor or who is subject to physical or mental disability.

(1) If the Assistant Commissioner, after giving an opportunity to the tenant to show cause why an eviction order should not be made against him, is satisfied that the tenant is liable to eviction under the provisions of section 25, he may by order in writing, served on the tenant, direct him to quit the land within one month from the date of the service of the order: Provided that where a tenant is liable to be evicted for failure to pay the rent, the Assistant Commissioner may, before directing him to quit the land, grant such reasonable time not exceeding one month, as he deems fit, for payment of the rent in arrears. (2) If any person refuses or fails to comply with an order under sub-section (1), the Amildar may evict that person from, and take possession of, the land and may for that purpose use such force as may be necessary. (3) Any person aggrieved by an order under sub-section (1) may, within one month from the date of service of the order, prefer an appeal in writing to the Deputy Commissioner who may after calling for a report from the Amildar and after affording an opportunity to the appellant to be heard pass such orders thereon as he thinks fit. (4) Any arrears of rent due from a tenant shall be recoverable as arrears of land revenue.

(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.

(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.

(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.

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.

(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.

(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.

(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.

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.