[1]Whereas, the draft of
the rules called the Karnataka Certain Inams Abolition Rules, 1978 was
published as required by Section 35 of the Karnataka Certain Inams Abolition
Act, 1977 (Karnataka Act 10 of 1978) in Notification No. GSR 358 (RD 40 IMA
78), dated 20th November, 1978, in Part IV, Section 2-C(i) of the Karnataka
Gazette, dated 30th November, 1978, inviting objections and suggestions from
all persons likely to be affected giving 30 days time from the date of issue of
notification. And, whereas, copies
of the said Gazette were made available to the public. And, whereas, no
objections or suggestions have been received on the said draft. Now, therefore, in exercise
of the powers conferred by Section 35 of the Karnataka Certain Inams Abolition
Act, 1977 (Karnataka Act 10 of 1978) the Government of Karnataka, hereby makes
the following rules, namely.-- (1) These rules may be
called the Karnataka Certain Inams Abolition Rules, 1979. (2) They shall come into
force at once. In these rules unless
the context otherwise requires.-- (a) "Act" means
the Karnataka Certain Inams Abolition Act, 1977 (Karnataka Act 10 of 1978); (b) "Form"
means a form appended to these rules; (c) "Section"
means a section of the Act. Immediately after the
publication of the notification under sub-section (3) of Section 1, the Deputy
Commissioner shall cause a register to be prepared and maintained showing in
respect of each inam village or minor inam the arrears of all land revenue,
whether as jodi or quit rent and cesses remaining lawfully due for the purpose
of clause (e) of sub-section (2) of Section 4. The application under
Section 11 shall be in Form I, every application shall be restricted to a
single inam. Where the application is made by any person other than the inamdar
the inamadar shall be made a respondent to the application. If the application
is made by the inamdar the Tahsildar shall be made a respondent in such
application. (1) [2][An inamdar including
the holder of a minor inam entitled to the grant of enfranchised inam land
shall make an application to the Tahsildar for such grant in Form 1-A; (2) On receipt of the
application under sub-rule (1), the Tahsildar may call upon the applicant to
furnish any further particulars that may be required within such time as he may
allow for the purpose; (3) The Tahsildar shall
ascertain from the Tribunal whether any applications have been made or
declaration filed in respect of the same land or any portion thereof by any
person other than the Inamdar claiming the registration of occupancy rights and
if so the results thereof, and whether the order of the Tribunal, if any, on
such application has become final. The Tahsildar shall also ascertain the names
and addresses of the parties in all such applications filed before the
Tribunal; (4) On receipt of the
particulars referred to in sub-rules (2) and (3), the Tahsildar shall fix a
date for hearing, notice of which shall be given to the applicant and to all
other interested persons mentioned in the applications, and also the parties in
the applications, if any, filed before the Tribunal in respect of the same
land; (5) The notice under
sub-rule (4) shall be served in the manner prescribed for service of notices
under the Karnataka Land Revenue Act, 1964; (6) On the date fixed for
hearing or such other date to which the case may be adjourned, the Tahsildar
shall after holding an inquiry in the manner prescribed for a formal inquiry
under the Karnataka Land Revenue Act, 1964 may, if satisfied that the applicant
is entitled, grant such land to the appellant: Provided that where
the particulars referred to in sub-rules (2) and (3) disclose that an
application or declaration for registration of occupancy rights by any person
other than the inamdar is pending before the Tribunal in respect of the same
land or any portion thereof, the Tahsildar shall hold the inquiry only after
such application or declaration is finally disposed of: Provided further that
the Tahsildar shall not grant to the Inamdar any land for which the right of
occupancy has been conferred on any person other than the Inamdar by the
Tribunal. (7) Every decision or
order under sub-rule (6) shall contain a full statement of the grounds on which
it is made and shall be written and signed by the Officer, in which case a
certificate to that effect shall be made and signed by such Officer in his own
hand.] The Certificate of
registration to be issued to a person as an occupant of a land shall be in Form
II. (1) The Deputy
Commissioner shall prepare a statement of the amount payable in respect of each
inam. The Amount payable shall be specified in figures and words in his own
handwriting and he shall affix his signature against each entry. (2) Fraction of a rupee
less than fifty paise shall be disregarded and fraction of a rupee equal to or
exceeding fifty paise shall be regarded as one rupee. (3) Where the particulars
necessary to compute the average not annual income under clause (iii) of
sub-section (1) of Section 14 are not available for the full period of five
years, the average not annual income derived by the inamdar during the period
immediately preceding the date of vesting, for which the particulars are
available shall be the average net annual income. Where the particulars are not
available or where the particulars appear in material respects to be incorrect,
the computation of the average net annual income shall be made after local
enquiry and on the basis of the annual income derived from similar lands
situated in the same locality. The proportionate
land revenue, jodi, quit rent or peshkush for the purpose of sub-section (2) of
Section 14 in respect of any land shall be determined by multiplying the land
revenue of the land in question by the fraction got by dividing the land revenue,
jodi, quit rent or peshkush payable to Government by the inamdar in respect of
the inam as a whole by a sum of the land revenue of all the lands comprised in
the inam. Illustration.-- If
the land revenue of all lands comprised in the inam is A rupees and the land
revenue jodi, quitrent or peshkush payable to Government in respect of the inam
as whole is B rupees. The proportionate land revenue, jodi, quit rent or
peshkush in respect of a land assessed to a land revenue of C rupees will be
CXB/A rupees. (1) The amount payable in
respect of any inam other than religious or charitable inams does not exceed
Rs. 12,000, it shall be paid in ....... . .cash in full or at the request of
the claimant in annual instalments not exceeding ten or in bonds as specified
in clause (ii) of sub-section (2) of Section 15. (2) In case the amount
exceeds Rs. 12,000, the amount shall be paid at the request of. the claimant in
annual instalments not exceeding ten or in bonds as specified in clause (ii) of
sub-section (2) of Section 15. (3) Whenever an annual
instalments becomes payable under sub-rule (1) or (2), the amount which will
have accrued by way of interest on the entire amount remaining due, and payable
in instalment shall be paid along with that instalment. (4) The interest shall be
paid half yearly from the date of vesting at the taluk treasury specified on
the bond for payment. (1) An application for
interim payment shall contain particulars relating to the name, extent and situation
and other particulars of the inam, the jodi, quit rent or khayamugutta, the
names of co-sharers if any and the share of the applicant. (2) An application under
sub-rule (1) shall be duly verified in the manner provided for the verification
of plaints in the Code of Civil Procedure, 1908 (Central Act V of 1908). (3) Any interim amount
paid shall be deducted from the total amount payable. (4) The Interim payment
shall be paid in cash. (5) The person in whose
favour an order of payment of interim amount has been passed shall if so
required by the Deputy Commissioner, Execute a bond undertaking to repay the
excess if any over the amount determined as the total amount payable. An application under
sub-section (2) of Section 17 for a copy of the data on the basis of which the
Deputy Commissioner proposes to determine the total amount payable shall be
made by the inamdar or other persons interested, within two months from the
date notified by the Deputy Commissioner in this behalf. (1) The Deputy
Commissioner shall determine the aggregate amount payable in respect of an inam
to all the following persons considered as a single group. (i) the persons who
immediately before the date of vesting owned the inam (who are hereinafter
called the owners) or in case of an inam which was the property of a Joint
Hindu Family, immediately before the date of vesting the members of such family
who were entitled to a share in the inam (who are hereinafter called the
sharers); (ii) Other persons who
immediately before the date of vesting were entitled to maintenance out of the
inam and its income either under the law governing the parties or under any
decree or order of a Court, award or other instrument or contract in writing,
which immediately before the date of vesting was binding on the owners (Such
other persons being hereinafter called 'Maintenance holders'). (2) The Deputy
Commissioner shall next determine if any, creditors are lawfully entitled under
Section 21 to have their debts paid from and out of the assets of the inam and
the amount to which each of them is so entitled and the remainder of the
aggregate amount payable shall be divisible among the owners, sharers and
maintenance holders as hereinafter provided. (3) The Deputy
Commissioner shall, in determining the amount payable to the maintenance
holders and apportioning the same among them, have regard as far as possible,
to the following considerations, namely.-- (i) the amount payable in
respect of the inam; (ii) the number of persons
to be maintained out of the inam; (iii) the nearness of
relationship of the person claiming to be maintained; (iv) the other sources of
the income of the claimant; (v) the circumstances of
a family of the claimant. (4) The division of the
remainder of the amount payable to the owners and sharers shall be effected as
follows.-- (a) in respect of owners,
in proportion to their respective interest in the in am immediately before the
date of vesting; (b) in respect of
sharers, as if they owned such amount as Joint Hindu Family and a partition
thereof had been effected among them on the date of vesting. (1) After the assessment
roll of the total amount has been drawn up, the Deputy Commissioner shall cause
a notice to be published in his office and in such place as he deems necessary. (2) Copies of the notice
shall be affixed on the notice board of the office of the Deputy Commissioner
of District, Sub-Division Office, Taluk Office, Panchayat Office, in the
Village Chavadi, and at a public place in the village in which the in am is
situated. (3) A copy of the notice
along with a certified extract of the draft assessment roll of the basic annual
sum shall be served on the Inamdar in the manner specified in the Code of Civil
Procedure, 1908 (Central Act V of 1908). The provision of
Sections 4 and 5 of the Limitation Act, 1963 shall apply to all applications,
appeals and proceedings under the Act as they apply to proceedings before the
Court. The fee payable under
the Act or these rules shall be as follows.-- (a) On every application Two Rupees (b) On every memorandum of appeal or
petition Three Rupees (c) On every Vakalatnama Three Rupees. In respect of payment
of amount in bonds under sub-section (2) of Rule 8, the rules framed under the
Karnataka Land Reforms Act, 1961 shall mutatis mutandis apply.KARNATAKA
CERTAIN INAMS ABOLITION RULES, 1979
PREAMBLE