KARNATAKA (SANDUR AREA) INAMS ABOLITION RULES, 1980

 

PREAMBLE

Whereas, the draft of the rules called the Karnataka (Sandur Area) Inams Abolition Rules, 1960 was published as required by Section 34 of Karnataka (Sandur Area) Inams Abolition Act, 1976 (Karnataka Act 54 of 1976), in Notification No. GSR 16 (RD 83 IMA 76), dated 19th January, 1980, in Part IV, Section 2-C(i) of the Karnataka Gazette, Extraordinary, dated 19th January, 1980, inviting objections and suggestions from all persons likely to be affected thereby on or before 4th February, 1980.

And, whereas the said Gazette was made available to the public on 19th January, 1980.

And, whereas, no objections or suggestions have been received on the said draft.

Now, therefore, if exercise of the powers conferred by Section 34 of the Karnataka (Sandur Area) Inams Abolition Act, 1976 (Karnataka Act 54 of 1976), the Government of Karnataka, hereby makes the following rules, namely.

Rule - 1. Title and commencement.

(1)     These rules may be called the Karnataka (Sandur Area) Inams Abolition Rules, 1980.

(2)     They shall come in to, force at once.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires.

(a)      "Act" means the Karnataka (Sandur Area) Inams Abolition Act, 1976 (Karnataka Act 54 of 1976),

(b)      "Form" means a form appended to these rules.,

(c)      "Section" means a section of the Act.

Rule - 3. Maintenance of a register regarding arrears of Land Revenue etc.

Immediately after the publication of the notification under sub-section (4) 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 (c) of sub-section (2) of Section 3.

Rule - 4. Application for registration of occupancy rights.

The application under Section 10 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 inamdar 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.

Rule - 5. Certificate of registration.

The certificate of registration to be issued to a person as an occupant of a land shall be in Form II.

Rule - 6. Application for conferment of ownership of dwelling house with site thereof.

Application by a tenant in occupation of a dwelling house on a site belonging to the inamdar or the holder of a minor inam, for the conferment of ownership thereof under sub-section (3) of Section 6 of the Act shall be in Form III.

Rule - 7. Certificate of Conferment of ownership of dwelling house with site thereof.

Certificate of conferment of ownership to be issued to the tenant in respect of the dwelling house and the site shall be in Form IV.

Rule - 8. Factors to be Considered by Tribunal.

While fixing the amount under Section 6(3) of the Act, the Tribunal shall also consider the assessment made by the authorities of the Public Works Department as to the valuation and depreciation of the building.

Rule - 9. Determination of the amount payable and its payments.

(1)     The Deputy Commissioner shall prepare a statement of the amount payable in respect of each inam. The amount payable should 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)     If the amount payable in respect of any inam other than religious or charitable inam 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 14.

(4)     In case the amount payable in respect of any inam other than a religious or charitable inam exceeds Rs. 12,000, the amount shall be paid at request of the claimant in annual instalments not exceeding ten or in bonds as specified in clause (ii) of sub-section (2) of Section 14.

(5)     Whenever an annual instalment becomes payable under sub-rule (3) or (4) above, the amount which will have accrued by way of interest on the entire amount remaining due, and payable in instalments shall be paid along with that instalment.

(6)     The interest shall be paid half yearly from the date of vesting at the taluk treasury specified on the bond for payment.

Rule - 10. Determination of proportionate land revenue jodi, quit rent or peshkush.

The proportion of land revenue, jodi, quit rent or peshkush for the purpose of sub-section (2) of Section 13, 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, quit rent or peshkush payable to Government in respect of the inam as a 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 C x B/A rupees.

Rule - 11. Interim payment.

(1)     An application for interim payment shall contain the following particulars, the name, extent and situation of the inam, the jodi, quit rent or khayamgutta, the names of co-sharers 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.

Rule - 12. Application for supply of date tinder Section 16.

An application under sub-section (2) of Section 16 for a copy of the date 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.

Rule - 13. Determination and apportionment of amount and disposal of claim of Creditors.

(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 person who immediately before the date of vesting the owned 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 are 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 which creditors, if any, are lawfully entitled under Section 20 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 only the remainder of the aggregate (amount payable) shall be divisible among the owners, sharers and maintenance holders hereinafter provided.

(3)     The Deputy Commissioner shall, in determining the amount payable to the maintenance holder 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 income of the claimant; and-

(v)      the circumstances of the 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 inam immediately before the date of vesting;

(b)      in respect of sharers, as if they owned such remainder as a Joint Hindu Family and a partition thereof had been affected among them on the date of vesting.

Rule - 14. Application of the Limitation Act, 1963.

The provisions 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 proceeding before the Court

Rule - 15. Fee for application etc.

The fee payable under the Act or these rules shall be as follows.

Rule - 16. Application of rules for payment of amount in bonds.

In respect of payment of amount in bonds under sub-rule (4) of Rule 9, the rules framed under the Karnataka Land Reforms Act, 1961 shall mutatis mutandis apply.

 

FORM I

[See Rule 4]

Application under Section 4 for Registration of Occupancy Rights

To

The........Tribunal

..........Taluk

I am the tenant/sub-tenant/Inamdar/person rendering service in an Institution of religious worship of the following land:

I have been cultivating the land as a tenant/sub-tenant/Inamdar/person rendering service in an Institution of religious worship for, . . years.

I am interested in getting registered as an occupant of the land on the terms and conditions laid down in the Karnataka (Sandur Area) Inams Abolition Act, 1976 (Karnataka Act 54 of 1976).

The family of which I am a member, hold the following lands in my name and in the names of my family members other than those described above as owner/tenant/or in any other capacity:

Place:

Date:

Signature of Applicant.

VERIFICATION

I am satisfied that no person other than those impleaded as respondent have any right title or interest in the land to which this application relates.

Place:

Date:

Signature of the applicant.

 

FORM II

[See Rule 5]

Certificate of Registration of an Inamdar/Tenant as Occupant of Land

Certified that Sri/Smt…............residing in….... . . .Village…...Taluk…..... in…..District, who has been determined by the Land Tribunal, Sandur as a person entitled to be registered as an occupant under Section 4 of the Karnataka (Sandur Area) Inams Abolition Act, 1976, in its Order No. …........... dated…......having paid the premium in respect of the undermentioned land/lands of which he/she was a Inamdar/Tenant, the said lands have been this day registered in his/her name.

Extent

Taluk:

Date:

Tahsildar

 

FORM III

[See Rule 6]

Application for conferment of ownership of a dwelling house with site thereof under Section 6

To

The Tribunal ....... Taluk ..............

Name of the applicant. . . Name of the opponent......

Age.....Father’s name. . . Age.......Profession. . .

Place of residence........ Place of residence. ......

I am a tenant, residing in the dwelling house on the land described below, for the last ...... years, belonging to the opponent

I request that I may be conferred with ownership of the above dwelling house with site there of under Section 6(3) of the Karnataka (Sandur Area) Inams Abolition Act 1976.

Place:

Date:

Signature of the Applicant.

 

FORM IV

[See Rule 7]

Certificate of conferment of ownership of a dwelling house with site thereof to be issued to tenants under Section 6(3) of the Act.

Whereas, the Land Tribunal, Sandur Taluk has under sub-section (3) of Section 6 of the Karnataka (Sandur Area) Inams Abolition Act, 1976 has ordered that Sri/Smt................

S/o, D/o, W/o..............residing in. ..... .Village . . . . . Taluk........District is entitled to be conferred with ownership of the dwelling house with site, thereof, the particulars of which are given below; and has fixed the amount payable in respect of the same.

 

Whereas, the tenant has paid the amount determined, into the Government Treasury on.......................in full.

Now, therefore, the Tahsildar................Taluk hereby confers on Sri/Smt................the ownership of the said dwelling house with site thereof, subject to the provisions of the Karnataka (Sandur Area) Inams Abolition Act, 1976 and rules thereunder and also subject to the condition that the dwelling house with site thereof shall not within 15 years from the date of issue of the certificate, be transferred by sale, gift, exchange, mortgage, lease or assignment.

Place:

Date:

Signature

Tahsildar, Taluk......