KARNATAKA CERTAIN INAMS ABOLITION RULES, 1979
(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.
11. Rule 4-A inserted by GSR 254, dated 27-10-1984, w.e.f. 30-10-1984. (1) 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 n
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 comput
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
(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 hereina
(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 inam 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 Karnataka Certain Inams Abolition Rules, 1979, were established to facilitate the implementation of the Karnataka Certain Inams Abolition Act, 1977. This legislation aimed to abolish certain inams (land grants) in the state of Karnataka, thereby redistributing land rights and addressing historical injustices related to land ownership.
Section R.13 of the Karnataka Certain Inams Abolition Rules, 1979, pertains to the application of the Limitation Act, 1963, in the context of claims and applications made under the Act. It specifies that the provisions of the Limitation Act shall apply to proceedings under these rules, thereby establishing a timeframe within which claims must be filed.
The scope of Section R.13 is significant as it integrates the Limitation Act into the procedural framework of the Karnataka Certain Inams Abolition Rules. This integration ensures that all parties involved in claims related to inams are aware of the time limits for filing applications, thus promoting legal certainty and efficiency.
While Section R.13 itself does not prescribe specific punishments, failure to comply with the limitation period set forth in the Limitation Act may result in the dismissal of claims, thereby denying applicants their rights under the Act.
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.
FORM I
[See Rule 4]
Application under Section 4 for Registration of
Occupancy Rights
To
The Taluk,
Name, Age and Address Name, Age and Address of the of the Applicant
Respondent
1.
2.
3.
I am the tenant/sub-tenant/inamdar/person rendering service in ar Institution of religious
worship of the following land.
Name of landlord (s) and his/their addr
FORM 1-A
[See Rule 4-A]
Application under Proviso to Section 11 for registration of
occupancy rights
To
The Tahsildar,
Taluk
Name, Age and Address of the applicant
I am the Inamdar/holder of the enfranchised inam lands as detailed below.
Name of the Inamdar/Holder
Taluk Village
Sy. No.
Area acres Meets.
Assessment Rs. P.
FORM II
Certificate of Registration of a Tenant as an Occupant of Land
Certified that Sri/Smt.................residing in the village of.........................in the Taluk of..................in the..........District, who has been determined by the...........as a person entitled to be registered as anoccupant under section of the Act in...........Order No...... . dated.......having paid the premium in lump sum of the last instalment of such premium in respect of the undermentioned lands of which he/she was a tenant, the said lands have been this day registered in his/her name.
Taluk and
Survey
Details of Iands
Village
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