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MYSORE (PERSONAL AND MISCELLANEOUS) INAMS

ABOLITION ACT, 1954
1 of 1955
[19th March, 1955]
CONTENTS

CHAPTER 1 :- Preliminary
1. Short title, extent, application and commencement
2. Definitions
CHAPTER 2 :- Vesting of Inam in the State and its Consequences
3. Consequence of the vesting of an inam in the State
4. Kadim tenants to be registered as occupants of their holdings
5 . Permanent tenants to be registered as occupants on certain
conditions
6 . Quasi-permanent tenants to be registered as occupants on
certain conditions
7 . Lands and buildings to vest in the holder of a minor inam to
which the Act is applicable
8. Holders of minor inams to which the Act is not applicable to be
registered as holders of minor inam lands included in their holding
9. Lands and buildings to vest in the inamdar
9A. .
10. Determination of claims under Sections 4, 5, 6, 7, 8 and 9
10A. Entries to be made in the record of rights
11. Liability to pay land revenue to Government
12. Vesting of certain buildings situated in an inam
13. Right to agricultural land used for non-agricultural purposes
14. Saving of rights in certain cases
14A. Bar to enforce right created in forest
CHAPTER 3 :- Determination, Apportionment and Payment of
Compensation
15. Compensation how determined
16. Compensation to be determined for the inam as a whole
17. Amount of compensation payable
18. Payment of compensation
19. Interim payment
20. Deputy Commissioner to determine total compensation
20A. Review by the Deputy Commissioner
21. Notice to persons interested in compensation
22. Apportionment of compensation by the Deputy Commissioner
23. Procedure for apportionment of compensation
24. Claims of creditors
25. Devolution of interest in compensation
26. Compensation to holder of minor unenfranchised inam
CHAPTER 3A :- Provisions Applicable to Tenants Continued Under
Section 9-A
26A. Application of this Chapter
26B. Rent
26C. .
26D. Termination of the tenancy
26E. Application of Karnataka Act XIII of 1952
CHAPTER 4 :- Appeal, Reference and Revision
27. Constitution of Special Tribunals for certain purposes and their
powers
27A. Control by the Divisional Commissioner
27B. Revision by Government
28. Appeal from orders under Section 11
29. References to the Special Tribunal
30. Appeals to the Special Tribunal
31. Powers of the High Court
CHAPTER 5 :- Miscellaneous
32. Enquiries by the Tribunal and the Deputy Commissioner
33. Fee payable on applications petitions etc., under the Act
34. Applicability of provisions of the Act to Yelandur Jahgir
34A. Applicability of the provisions of Karnataka Act XIII of 1952
35. Jurisdiction of Courts barred in certain cases
36. .
37. Repeal of Karnataka Act XIX of 1950
38. Power to make rules
39. Penalties
40. Power to remove difficulties
SCHEDULE 1 :- SCHEDULE 1
MYSORE (PERSONAL AND MISCELLANEOUS) INAMS
ABOLITION ACT, 1954
1 of 1955
[19th March, 1955]
An Act to provide for the abolition of personal inams and certain
miscellaneous inams in the Karnataka Area except Bellary District.
Whereas it is expedient in the public interest to provide for the
abolition of personal inams and certain miscellaneous inams in the
Karnataka Area except Bellary District and for other matters
connected therewith: It is hereby enacted as follows.
CHAPTER 1
Preliminary

1. Short title, extent, application and commencement :-

(1) This Act may be called the Mysore (Personal and Miscellaneous)
Inams Abolition Act, 1954.
(2) It extends to the whole of the 1[Karnataka Area] except Bellary
District.
(3) It applies to.
(a) Personal inams including the Yelandur Jahgir but excluding any
enfranchised inam in respect of which full land revenue assessment
is payable;
(b) Khayamgutta villages;
(c) Kodagi or Bawadi Daswandam inams;
(d) Miscellaneous service inams including artisan inams, and
excluding village service inams held by Shanbhogs and Patels,
Thotis, Talaris and Nirgantis.
2[Explanation.'Personal Inam', 'Kodagi or Bawadi Daswandam
inams', Artisan inam' or 'Miscellaneous Service Inams' means a
grant of a village, portion of a village, land or total or partial
exemption of land revenue, entered in the register of inams, quit-
rent register, alienation register, or any revenue account
maintained by or under the authority of Government.
(i) in the case of personal inam, as personal inam, Brahmadaya
inam, Agrahara inam, Shrotrium inam, Khayamgutta, Bhatamanya,
Bharta Vrithi or Bramhadaya, Nanparvarsh inam, Raktakodigi or
Netra Vattada inam, Ambiga inam, Anche Javan inam, Gollur inam,
Palk i inam, Sangitagar inam, Kaviswara inam, Fireworks inam,
Bhataraju inam, Bombe or Bommalata inam, Killekyatara inam,
Ghante Kodigi inam, Mondi inam, Budubudike inam, Punchangi
inam and Pitteddala inam;
(ii) in the case of Kodagi or Bawadi Daswandam inam, as Kodgi
inam or Bawadi Daswandam inam;
(iii) in the case of artisan inam, as Barber or Hajam inam,
Blacksmith or Lohar inam. Washerman or Dhobi inam, Carpenter or
Badagi inam, Nirganti or Kolavar or Munugu inam, potter or
Kumbar inam, Cobbler or Chamber inam, Scavenger or Madigar
inam;
(iv) in the case of Miscellaneous Service inam, as Devadaya Service
inam, Bhuta inam, Uttar, Pujari inam, Nandadipa inam, Naivedya
inam, Mantrapushpa inam, Parayana inam, Huvina inam, Vyasa
Puje inam, Rathotsava inam or Teru, Manya, Dadder inam,
Rakhavale inam, Tafe inam, Maha Purush inam, Karokal inam,
Karadivadya inam, Jangam or Puravasaga inam, Lingadavira inam,
Asadi inam, Potruju inam, Saraga inam, Dasari or Konlikar inam,
Bhajantri inam, Sringanada inam, Karadivadya inam, Jangam or
Puravaraga inam, Lingadavira inam, Asadi inam, Potruju inam,
Saraga inam Pindemanya, Sagavali inam, Karagada inam, Kannadi
inam, Gollur inam, Sweeper inam, Masalchi inam, Jain Basti
(4) This section and Sections 2, 27, 38 and 40 shall come into force
at once and the rest of this Act shall come into force 3 [in all minor
inams in unalienated village, on such date as the Government may
by notification, appoint, and in any inam village, on such date as
the Government may, by notification, specify in respect of such
inam village].
1. See the Karnataka Adaptations of Laws Order, 1956.
2. Substituted by Act No. 16 of 1960 and shall be and shall be
deemed to have always been substituted.
3. Clause (1-a) omitted by Act No. 18 of 1990, w.e.f. 8-10-1990.
2. Definitions :-
(1) In this Act, unless there is anything repugnant in the subject or
context.
(1) All words and expressions defined in the Land Revenue Code
shall have the same respective meanings as in that Code with the
modifications made by this Act;
1[(1a) x x x x]

(2) "Date of vesting" in relation to an inam means, the date

appointed by a notification issued under sub-section (4) of Section
1 to be the date on which the provisions of this Act (other than
Sections 1, 2, 27, 38 and 40) shall come into force in such inam;
(3) "Deputy Commissioner includes any officer 2[not below the rank
of an Assistant Commissioner] authorised by the Government by
notification to exercise the powers of a Deputy Commissioner under
this Act;
(4) "Government means the State Government;
(5) Inam includes an inam village and a minor inam;
(6) Inamdar means a person holding in trust or owing for his own
benefit an inam village or a minor inam or a share therein and
includes the successors in interest of an inamdar; and
(i) where an inamdar is a minor or of unsound mind or an idiot, his
guardian, committee or other legal curator;
(ii) where an inamdar is a joint Hindu family, such joint Hindu
family;
(7) "Inam village" means an alienated village whether Sarvamanya,
Jodi or Khayamgutta or a portion of such village;
(8) Kadim Tenant means a tenant as defined in Section 4 of the
Land Revenue Code;
(9) "Land Revenue Code" means the Karnataka Land Revenue
Code, 1888;
(10) "Minor inam" means an alienated holding other than an inam
village, situated in an alienated village or in an unalienated village;
(11) "Notification" means a notification published in the Karnataka
Gazette;
(12) "Permanent tenant" means a person who either under Section
79 of the Land Revenue Code or otherwise is entitled to a tenancy
in respect of any land used for agricultural purposes, the duration
of which is co-extensive with the duration of the tenure of the
inamdar;
(13) Prescribed" means prescribed by rules made by the
Government under this Act;
(14) "Quasi-permanent tenant" means a person who has been in
continuous possession of any land used for agricultural purposes in
an inam by cultivating such land himself with his own stock or by
his hired servants or by hired labour or with hired stock on
payment of rent to the inamdar for a period of not less than six
years prior to the first day of July, 1948:
2[Provided, that in the case of a minor inam the said period shall
be counted from the 1st day of July, 1970]
Explanation.A person who under the terms of a contract.
(i) is entitled to grow subsidiary or ground crops on land on which
areca, coconut or mango trees are grown;
(ii) only for care or maintenance of areca, coconut or mango trees,
is put in possession of the land on which the said trees are to be or
are grown;
(iii) for raising, care or maintenance of casuarina trees, is put in
possession of the land on which the said trees are to be or are
grown; shall not be deemed to be a quasi-permanent tenant in
respect of such land;
(15) "Special Tribunal" means a Special Tribunal constituted under
Section 27.
3 [(16) 'Tribunal" means a Tribunal constituted under Section 48 of
the Karnataka Land Reforms Act, 1961.]
(2) "Land Revenue" for purposes of determining the premium
payable by a permanent tenant and a quasi permanent tenant
under Sections 5 and 6, and the compensation payable to the
inamdar under Section 17, means the amount payable as land
revenue for the land during the revenue year 1953-54.
Explanation.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
unalienated village during the revenue year 1953-54, shall be
deemed to be the land revenue of the land for the purposes of this
sub-section.
1. Clause (1-a) omitted by Act No. 18 of 1990, w.e.f. 8-10-1990.
2. Proviso to clause (14) inserted by Act No. 27 of 1973, w.e.f. 27-
12-1973.
3. Clause (16) inserted by Act No. 26 of 1979, w.e.f. 1-5-1979.
CHAPTER 2
Vesting of Inam in the State and its Consequences
3. Consequence of the vesting of an inam in the State :-
(1) When the notification under sub-section (4) of Section 1 in
respect of any inam
(a) the provisions of the Land Revenue Code relating to alienated
holdings shall, except as respects minor inams to which this Act is
not applicable, 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, 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
Karnataka, 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, quit-rent, or
khayamgutta and cesses, remaining lawfully due on the date of
vesting in respect of any such inam shall after such date continue
t o 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 or sale 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, subject to the
provisions of Section 73 of the Transfer of Property Act, 1882,
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, mutchalikas, maps, plans and other documents
relating to the inam which the Government, may require for the
administration thereof:
Provided that the Government shall not disposses any person of
any land in respect of which they consider that he is prima facie
entitled to be registered as the occupant or as the holder of a minor
inam 1 [or to be continued as a tenant;]
(h) the inamdar and any other person whose rights have vested in
the State of Karnataka 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 permanent tenant or quasi-
permanent 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;
(k) Kadim tenants, permanent tenants and quasi-permanent
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 ,35 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.
(2) 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.
1. Proviso to sub-section (2) inserted by Act No. 1 of 1959 and
shall be and shall be deemed always to have been substituted.
4. Kadim tenants to be registered as occupants of their
holdings :-
(1) 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 properly included in his holding.
(2) Nothing in this Act shall affect any right created by the kadim
tenant in any land included in his holding.
5. Permanent tenants to be registered as occupants on
certain conditions :-
(1) Subject to the provisions of sub-section (2), every permanent
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 of which he was a permanent tenant immediately before the
date of vesting:
Provided that no person who has been admitted into possession of
any land by an inamdar on or after the first day of July 1948, shall,
except where the Deputy Commissioner after an examination of all
the circumstances otherwise directs, be entitled to be registered as
an occupant in respect of such land.
(2) In addition to the annual land revenue payable in respect of the
land, a permanent tenant entitled to be registered as an occupant
of any land under sub-section (1), shall be liable to pay to the
Government, as premium for acquisition of ownership of that land,
an amount equal to twenty times such land revenue. The amount
of premium shall be payable in not more than ten annual
instalments along with the annual land revenue and in default of
such payment, the amount due shall be recoverable as arrears of
land revenue due on the land in respect of which it is payable:
1[Provided that where a permanent tenant entitled to be registered
as an occupant of land under sub-section (1) is shown as a
registered occupant in the settlement register and other records
referred to in Section 117 of the Land Revenue Code or where the
rent paid by a permanent tenant entitled to be registered as an
occupant under sub-section (1) 2 [is not more than the land
revenue], no premium shall be payable under this sub-section].
1. Proviso to sub-section (2) inserted by Act No. 1 of 1959 and
shall be and shall be deemed always to have been substituted.
2. Substituted for the words "is equal to the land revenue" by Act
No. 16 of 1960 and shall be and shall be deemed to have always
been substituted.
6. Quasi-permanent tenants to be registered as occupants
on certain conditions :-
(1) Subject to the provisions of sub-section (2), every quasi-
permanent tenant shall, with effect on and from the date of
vesting, be entitled to be registered as an occupant in respect of all
lands of which he was a quasi-permanent tenant, provided. (i) he
continued to be a tenant of such lands until the date of vesting; or
(ii) he had been unlawfully dispossessed of such lands by the
inamdar between the 30th day of June, 1948 and the date of
vesting: Provided further that if by the operation of this sub-section
the inamdar is left with less than two and a half acres of garden
land or five acres of wet land or ten acres of dry land in respect of
which he is entitled to be registered as an occupant, the right of
quasi-permanent tenants to be registered as occupants under this
sub-section shall be limited to the extent which shall be determined
as follows.
(1) The total area of lands in respect of which quasi-permanent
tenants would have been entitled to be registered as occupants
shall be divided among the quasi-permanent tenants and the
inamdar in such manner as may be prescribed by rules so that the
inamdar may get not less than two and a half acres of garden land
or five acres of wet land or ten acres of dry land.
(2) In addition to the annual land revenue payable in respect of the
land, a quasi-permanent tenant entitled to be registered as an
occupant under sub-section (1) shall be liable to pay to the
Government, as premium for acquisition of ownership of that land
an amount equal to such number of multiples of the land revenue
payable in respect of the land or such basic value per acre of the
lan d , whichever is more as is specified in Columns 3 and 4
respectively of the Schedule as applicable to dry land, wet land and
garden land, as the case may be situated in the area specified in
the corresponding entry in Column 2 of the said Schedule. The
amount of premium shall be payable in not more than ten annual
instalments along with the annual land revenue, and in default of
such payment, the amount due shall be recoverable as an arrear of
land revenue due on the land in respect of which it is payable. [x x
x x x.] CASE LAW S. 6 Special Deputy Commissioner Order.
Venkataswami, J.The Special Deputy Commissioner is a quasi-
judicial Tribunal and it is his duty to discuss the evidence adduced
by the parties before recording his findings. Gawramma v MRAT,
(1974)1 Kar. L.J. Jr. 39, Sh. N. 138. Ss. 6 and 10 Enquiry.
Venkataswami, J.Under Sections 2(1)(14), 6 and 10(2) certain
ingredients have to be established before a person can be
registered under Section 6 of the Act. Where the Special Deputy
Commissioner and the Appellate Tribunal have not addressed
themselves to this aspect of the matter, the orders cannot be
sustained. It is settled law that applications for registration of rival
claimants in respect of one and the same land should be heard and
disposed of together. Nadiga Chikkappa v MRAT, (1974)1 Kar. L.J.
Jr. 119, Sh. N. 293.
7. Lands and buildings to vest in the holder of a minor inam
to which the Act is applicable :-
(1) Every holder of a minor inam to which this Act is applicable
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; and
(iii) lands upon which have been erected buildings owned by any
person other than the holder of the minor inam: Provided that no
holder of an unenfranchised minor inam shall be registered as an
occupant under this sub-section unless he pays to the Government,
as premium, an amount equal to twenty-five times the difference
between the jodi or quit-rent, if any, paid by him and the land
revenue payable in respect of such lands.
(2) Every building situated within the limits of the minor inam (to
which this Act is applicable) 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.
8. Holders of minor inams to which the Act is not applicable
to be registered as holders of minor inam lands included in
their holding :-
(1) Every holder of a minor inam village to which this Act is not
applicable, shall, with effect on and from the date of vesting, be
entitled to be registered as the holder of minor inam lands, which
immediately before the date of vesting, were included in his
holding.
(2) In respect of any land of which a person is registered as a
holder under sub-section (1), all rights and obligations of the
inamdar shall on and from the date of vesting, be enforceable by or
against the Government.
9. Lands and buildings to vest in the inamdar :-
(1) 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 Sections 4, 5, 6, 7 or 8; and
(iii) lands upon which have been erected buildings owned by any
person other than the inamdar.
(2) 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.
9A. . :-
Other Tenants of Inamdar.Every tenant of the inamdar, other than
the tenants entitled to be registered as occupants under Sections 4,
5 and 6, shall, with effect on and from the date of vesting and
subject to the provisions of Chapter III-A, be entitled to continue
as a tenant of the land in respect of which he was a tenant
immediately before the date of vesting].
10. Determination of claims under Sections 4, 5, 6, 7, 8 and
9 :-
12

(1) The 3[Tribunal] shall examine the nature and history of all
lands in respect of which a kadim tenant, a permanent tenant, a
quasi-permanent tenant, the holder of a minor inam or an inamdar
claims to be registered as occupant under Sections 4, 5, 6, 7 and 9
o r 4[x x x] as the case may be, and decide in respect of which
lands the claims should be allowed.
(2) A tenant found to be in possession of any land on the first day
of July, 1948 shall be presumed to be a quasi-permanent tenant as
defined in clause (14) of sub-section (1) of Section 2 unless the
inamdar proves that such tenant is not a quasi-permanent tenant
as defined in clause (14) of sub-section (1) of Section 2.
5[Provided that in the case of a tenant in minor inam such
presumption shall be raised if such tenant is found to be in
possession of any land on the 1st day of July, 1970].
6[(3)

(a) No person shall be entitled to be registered as an occupant

under Sections 4, 5, 6, 7 and 9 unless the claimant makes an
application to the 3[Tribunal.] Every such application shall be
made].
8[(i) in respect of lands in inams which have vested in the State
before the date of commencement of the Karnataka Inams
Abolition (Amendment) Act, 1973 with in 9[six years] from the date
of commencement of the said Amendment Act; and
(ii) in respect of lands in inams which vest in the State on or after
the commencement of the Karnataka Inams Abolition Laws
(Amendment) Act, 1973 within 10[three years] from the date of
vesting of 11[ t h e inam concerned or 31st December, 1979
whichever is later].
(b) where no application is made within the period specified in
clause (a), the right of any person to be registered as an occupant
shall stand extinguished and the land shall vest in the State
absolutely, 12[such land shall be disposed of in accordance with the
rules relating to grant of lands].
13[(c) The provisions of Sections 48-A, 48-C and 112 of the
Karnataka Land Reforms Act, 1961 and the relevant rules framed
thereunder shall mutatis mutandis apply to an enquiry for
determination of a claim under this Section 14[and the decision of
the Tribunal shall be final.]
15 [(4) x x x x x].

1. Substituted for the heading by Act No. 7 of 1956, w.e.f. 5-7-

1956.
2. Substituted for the figures, letter and word "9 and 9-A" by Act
No. 26 of 1979, w.e.f. 1-5-1979.
3. Substituted for the words "Deputy Commissioner" by Act No. 26
of 1979, w.e.f. 1-5-1979.
4. The words "or in respect of which any person claims to be
continued as tenant under Section 9-A omitted by Act No. 26 of
1979, w.e.f. 1-5-1979.
5. Proviso added by Act No. 27 of 1973, w.e.f. 27-12-1973.
6. Sub-section (3) added by Act No. 33 of 1969, w.e.f. 11-12-
1969.
8. Sub-clauses (i) and (ii) of clause (a) substituted by Act No. 27 of
1973, w.e.f. 27-12-1973.
9. Substituted for the words "one year" by Act No. 26 of 1979 and
shall be and shall be deemed always to have been substituted.
10. Substituted for the words "one year" by Act No. 26 of 1979 and
shall be and shall be deemed always to have been substituted.
11. Substituted for the words "the inam concerned" by Act No. 26
of 1979 and shall be and shall be deemed always to have been
substituted.
12. Inserted by Act No. 26 of 1979, w.e.f. 1-5-1979.
13. Clause (c) inserted by Act No. 26 of 1979, w.e.f. 1-5-1979.
14. Inserted by Act No. 18 of 1990, w.e.f. 8-10-1990.
15. Sub-section (4) omitted by Act No. 18 of 1990, w.e.f. 8-10-
1990.
10A. Entries to be made in the record of rights :-
1

(1) After the determination of claims under Section 10, the

2[Tribunal] shall send the

(2) On receipt of the particulars under sub-section (1), and

notwithstanding anything contained in the 3 [Karnataka Land
Record of Rights Act, 1958], the Officer concerned shall enter such
particulars in the registers.
1. Section 10-A inserted by Act No. 1 of 1959 w.e.f. 22-1-1959.
2. Substituted for the words "Deputy Commissioner" by Act No. 26
of 1979, w.e.f. 1-5-1979
3. Now see Chapter IX of the Karnataka Land Revenue Act, 1964
(Act No. 12 of 1964)
11. Liability to pay land revenue to Government :-
(1) Every person whether a kadim tenant a permanent tenant, a
quasi-permanent tenant, the holder of a minor inam or an inamdar
who becomes entitled to be registered as an occupant under
Sections 4, 5, 6, 7 and 9, 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 1[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 2 [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 unalienated village.
(2) The Deputy Commissioner shall, after such enquiry, as he
thinks fit, determine the land revenue payable under clause (b) of
sub-section (1).
1. Now see Chapter IX of the Karnataka Land Revenue Act, 1964
(Act No. 12 of 1964)
2. Now see Chapter IX of the Karnataka Land Revenue Act, 1964
(Act No. 12 of 1964)
12. Vesting of certain buildings situated in an inam :-
Every private building other than the buildings which vest under
Sections 7 and 9, situated within the limits of an inam shall, with
effect on and from the date of vesting, vest in the person who
owned it immediately before that d a t e 1[any dispute relating
thereto shall be decided by the Tribunal 2 [and such decision shall
be final]].
1. Inserted by Act No. 26 of 1979, w.e.f. 1-5-1979
2. Inserted by Act No. 18 of 1990, w.e.f. 8-10-1990
13. Right to agricultural land used for non-agricultural
purposes :-
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.
14. Saving of rights in certain cases :-
(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 9, (whether by way of lease or
otherwise) including rights in any forest, mines or minerals,
quarries, fisheries or ferries, the transactions 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 time:
Provided also that where such right was created in any land, unless
it relates to land registered under Section 7 or 9, the Government
may, it, 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.
14A. Bar to enforce right created in forest :-
1 Notwithstanding anything contained in Section 14 or in any
judgment, decree or order of any Court or in any contract,
agreement or instrument having force by virtue of any law or in
any permission, approval or sanction given or order made by
Government or any Officer or authority.
(a) any right in any forest created by a transaction which is
deemed to be valid under sub-section (1) of Section 14, and
(b) no suit or other proceeding shall be instituted maintained or
continued against the Government in any Court or before any
authority for enforcement of such right or obligation or recovery of
any amount by way of reimbursement damages or indemnification;
(c) all suits or procedings pending on the said date against the
Government for the enforcement of such rights or obligations or
recovery of any such amount shall abate.]
1. Section 14-A inserted by Act No. 10 of 1996, w.e.f. 19-4-1996.
CHAPTER 3
Determination, Apportionment and Payment of Compensation

15. Compensation how determined :-

The compensation payable in respect of an inam shall be
determined in accordance with the provisions of this chapter.
16. Compensation to be determined for the inam as a whole
:-
The compensation shall be determined for the inam as a whole and
not separately for each of the interests therein.
17. Amount of compensation payable :-
(1)Save as otherwise provided in Section 26, the total
compensation payable in respect of any inam shall be the
aggregate of the sums specified below.
(i) a sum equal to twenty times the amount of land revenue
payable in respect of land held by kadim tenants and permanent
tenants entitled to be registered under Sections 4 and 5,
respectively
Explanation.Where the land revenue is paid in kind the amount of
land revenue for purpose of this clause shall be determined on the
basis of the market value prevailing on the 1st day of January,
1954, of the crop or crops paid as land revenue:
(ii) a sum equal to seventy-five per centum 75% of the amount
payable by the quasi-permanent tenants of the inamdar under sub-
section (2) of Section 6 in respect of lands of which they are
entitled to be registered as occupants under sub-section (1) of the
said Section 6;
(iii) a sum calculated at the rates specified below in respect of lands
referred to in clause (iii) of sub-section (1) of Section 7 or of
Section 9.
(a) seventy-five rupees per acre within the municipal limits of the
Cities of Bangalore, Mysore and Davangere and within an area of
one mile from such limits;
(b) forty rupees per acre within the municipal limits of the towns of
Kolar, Tumkur, Chitradurga, Shimoga, Bhadravati, Chickmagalur,
Hassan and Mandya and the limits of the Kolar Gold Fields Sanitary
Board Area, and within an area of one mile from such limits; and
(c) twenty rupees per acre in all other areas;
(iv) a sum equal to twenty times the jodi, quit-rent or other
amount, if any, of like nature, derived by the inamdar concerned
from persons holding minor inams under such inamdar; and
(v) a sum equal to ten times 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 referred
to in clause (iii) and lands in respect of which any person is entitled
to be registered under Sections 4, 5, 6, 7, 8 and 9:
Provided that.
(a) the income from sandalwood or any other 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 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 (v) 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 clause (ii) shall be
omitted and that in clause (iii) and clause (v) the reference to
Section 9 and Sections 6, 8 and 9, respectively shall be omitted.
18. Payment of compensation :-
(1) The compensation shall be due as from the date of vesting and
shall carry interest at the rate of 2 3/4 % per annum from the date
of vesting to the date of payment.
(2) The compensation payable under this Act may, in accordance
with rules made in this behalf be paid in one or more of the
following modes, namely.
(i) in cash in full or in annual instalments not exceeding ten;
(ii) in bonds either negotiable or not negotiable carrying interest at
the rate specified in sub-section (1) and of guaranteed face value
maturing within a specified period not exceeding ten years.
1 [Provided that the amount payable under the bonds issued under
is clause may be repaid in such number of instalments not
exceeding as may be prescribed].
1. Proviso added by Act No. 1 of 1959, w.e.f. 22-1-1959.
19. Interim payment :-
1

(1) Where the amount of compensation is not paid to an inamdar

within a period of six months from the date of vesting, the
Government shall, subject to such restrictions and conditions as to
security, repayment or otherwise as may be prescribed direct the
payment to each such inamdar of interim compensation which shall
be equal to 2[one-fifth] of the estimated amount of compensation.
3 [(2) Interest at the rate specified in sub-section (1) of Section 18
on the estimated amount of compensation or on the balance of the
estimated amount of compensation after deducting the interim
payment under sub-section (1), may be paid every year until the
compensation is determined under Section 20.
(a) if there are no persons interested in the compensation other
than such inamdar, to such inamdar;
(b) if there are persons other than the inamdar interested in the
compensation who have made claims under Section 21, to such
person or persons and in such proportions as all the persons
interested in the compensation may by agreement in writing
specify.
(3) The interim compensation payable under sub-section (1) and
the interest payable under sub-section (2) may be paid in the
prescribed manner].
1. Section 19 renumbered as sub-section (1) of that section by Act
No. 1 of 1959, w.e.f. 22-1-1959.
2. Substituted for the word "one-tenth" by Act No. 1 of 1959,
w.e.f. 22-1-1959.
3. Sub-sections (2) and (3) added by Act No. 1 of 1959, w.e.f. 22-
1-1959.
20. Deputy Commissioner to determine total compensation
:-
(1) the Deputy Commissioner shall determine in accordance with
such of the foregoing provisions as may be applicable to the inam,
the total compensation payable 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 total compensation.
(3) On receipt of such application, the Deputy Commissioner shall
furnish the data aforesaid, to the applicant; and he 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).
20A. Review by the Deputy Commissioner :-
1 .x x x x x.

1. Section 20-A omitted by Act No. 26 of 1979 and shall be and

shall be deemed always to have been omitted.
21. Notice to persons interested in compensation :-
(1) As soon as may be after the date of vesting, the Deputy
Commissioner shall.
(a) publish copies of the notification under sub-section (4) of
Section 1, at a convenient place in and in the vicinity of the inam;
(b) cause public notice requiring that claims of all persons
interested in the compensation or in any portion thereof, including
the inamdar, the members of his family claiming and such portion
whether by way of a share or by way of maintenance or otherwise,
and creditors whose debts are secured by the mortgage of, or as a
charge on, the inam or any part thereof, other than lands and
buildings which vest in the inamdar under Sections 7, 9 or 12, shall
be made to him together with the nature and particulars of such
claims in person or by agent at a time and place therein mentioned,
such time not being earlier than sixty days from the date of
publication of notice. Such notice shall also be published in the
Karnataka Gazette.
(2) Every claim against the compensation which is not made to the
Deputy Commissioner within the time aforesaid shall cease to be
enforceable except in cases where the Deputy Commissioner for
sufficient cause permits a claim to be made beyond the period
aforesaid.
22. Apportionment of compensation by the Deputy
Commissioner :-
T he Deputy Commissioner shall, after giving notice to all persons
who claim under Section 21 and to any others whom he considers
to be interested, make enquiry into the validity of the claims
received by him, and determine the persons, who, in his opinion,
are entitled to the compensation and the amount to which each of
them is entitled.
23. Procedure for apportionment of compensation :-
(1) As a preliminary to such determination, the Deputy
Commissioner shall apportion the compensation among the inamdar
and any other persons whose rights or interests in the inam have
passed to and vested in the Government under clause (b) of sub-
section (1) of Section 3 including persons who are entitled to be
maintained from the inam and its income, as far as possible, in
accordance with the value of their respective interests in the inam.
(2) The value of the interests shall be ascertained in such manner
as may be prescribed.
24. Claims of creditors :-
(1) After the compensation has been apportioned among the
persons referred to in Section 23 or where it is more convenient to
do so, pending the apportionment, the Deputy Commissioner shall
take into consideration the applications of the secured creditors
referred to in Section 21 and decide the amount to which each
creditor is entitled and the person or persons out of whose share or
shares of the compensation such amount should be paid.
(2) The amount of compensation payable by the Government to
secured creditors on account of holding any mortgage or charge
notwithstanding anything contained in any law for the time being in
force shall not exceed the amount of compensation payable in
respect of the inam or portion thereof.
25. Devolution of interest in compensation :-
Where it is alleged that the interest of any person entitled to
receive payment of any portion of the compensation has devolved
on any other person or persons, whether by act of parties or by
operation of law, the Deputy Commissioner shall determine whether
there has been any devolution of the interest and, if so, on whom it
has devolved.
26. Compensation to holder of minor unenfranchised inam
:-
(1) If the holder of an unenfranchised minor inam in an inam
village is not registered as an occupant under Section 7, he shall be
paid as compensation an amount equal to ten times the average
net annual income derived by him from the lands during a period of
five years immediately preceding the date of vesting.
(2) The provisions of Sections 18, 19, 21, 22, 23, 24 and 25 shall
mutatis mutandis, be applicable to the apportionment and payment
of the compensation payable under this section.
CHAPTER 3A
Provisions Applicable to Tenants Continued Under Section 9-A

26A. Application of this Chapter :-

The provisions of this chapter shall apply to tenants continued
under Section 9-A.
26B. Rent :-
1 Every tenant shall pay to the inamdar (hereinafter in this Chapter
referred to as the landlord) rent agreed to which in no case shall
exceed the rent payable according to the Karnataka Land Reforms
Act, 1961.]
1. Section 26-B substituted by Act No. 27 of 1973, w.e.f. 27-12-
1973.
26C. . :-
Continuation to tenancy on the death of a tenantIf a tenant dies,
the landlord 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:
Explanation.For the purpose 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
(1) 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.
26D. Termination of the tenancy :-
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 without reasonable cause to cultivate the land for a
period of two consecutive years;
(iv) has without reasonable cause left the land fallow;
(v) has sublet the land or assigned his interest in the land; or
(vi) has used such land for a purpose other than agriculture:
Provided that nothing in this section shall apply to subletting of any
land held by a tenant who is a member of the Armed Forces of the
Union or a widow or a minor or who is subject to physical or mental
disability or who being not more than twenty-one years of age is a
student:
Provided also that when eviction is sought under clause (i) or (ii),
the tenant shall be entitled to relief in accordance with the
provisions of Section 25 or 24, as the case may be, of the Mysore
Tenancy Act, 1952, for the time being in force.
26E. Application of Karnataka Act XIII of 1952 :-
12 [x x x x x]].

1. Section 26-E omitted by Act No. 16 of 1960 and shall be and

shall be deemed to have been omitted w.e.f. 5-7-1956.
2. Sections 27-A and 27-B inserted by Act No. 33 of 1969 and shall
be and shall be deemed always to have been inserted, w.e.f. 1-7-
1970 vide Notification No. RD 11 MA 70, dated 4-4-1970.
CHAPTER 4
Appeal, Reference and Revision

27. Constitution of Special Tribunals for certain purposes

and their powers :-
(1) The Government shall constitute as many Special Tribunals as
may be necessary for the purposes of this Act.
(2) Each Special Tribunal shall consist of an officer who is a District
Judge.
(3) Each Special Tribunal shall hold its sittings at such times and
places, and shall have such jurisdiction and over such local areas,
as the Government, may by notification from time to time,
determine.
(4) No order of the Government constituting a Special Tribunal
under this section shall be called in question in any manner
whatsoever.
(5) The Special Tribunal shall have the same power regarding
summoning and attendance of witnesses and compelling the
production of documents as a Civil Court has under the Code of
Civil Procedure, 1908.
27A. Control by the Divisional Commissioner :-
The Divisional Commissioner shall, within his jurisdiction have
power.
(a) to give effect to the provisions of this Act and in particular to
superintendent the taking over of inams and to make due
arrangements for the administration thereof;
(b) to issue instructions for the guidance of the Deputy
Commissioner;
(c) to cancel or revise any order of the Deputy Commissioner
declaring whether a particular area is part of an inam or not.
27B. Revision by Government :-
The Government may cancel or revise any order passed by the
Divisional Commissioner under clause (c) of Section 27-A.
28. Appeal from orders under Section 11 :-
12[(1) Against any decision of the Deputy Commissioner under 3 [x
x x] Section 11, the Government may, within six months from the
d a t e of commencement of the Mysore Inams Abolition Laws
(Amendment) Act, [1979] or from the date of the decision,
whichever is later, and any person aggrieved by such decision may,
within thirty days from the said date, appeal to the prescribed
authority and the decision of the prescribed authority shall be
final.]
[(2) x x x x x.]
1. Substituted for the words, brackets and figures Any person
aggrieved by any order of the Deputy Commissioner made under
sub-section (1) of Section 20" by Act No. 26 of 1979 and shall be
and shall be deemed always to have been substituted.
2. The words figures and letter "or Section 20-A" omitted by Act
No. 26 of 1979 and shall be and shall be deemed always to have
been omitted
3. Substituted for the figures "1969" by Act No. 26 of 1979, w.e.f.
1-5-1979
29. References to the Special Tribunal :-
The Deputy Commissioner may for reasons to be recorded in
writing either suo motu, or on the application of any person
interested in the compensation, refer any case relating to the
apportionment of compensation to the decision of the Special
Tribunal.
30. Appeals to the Special Tribunal :-
Any person aggrieved by any decision of the Deputy Commissioner
under Sections 22, 23, 24 or 25 may, within thirty days from the
date of decision, or such further time as the Special Tribunal may
for sufficient cause allow, appear to the Special Tribunal.
31. Powers of the High Court :-
(1) 1[Against any order of the Deputy Commissioner made under
sub-section (1) of Section 20] 2[x x x x] the Government may
within six months from the date of the commencement of the
Mysore Inams Abolition Laws (Amendment) Act, 3 [1979] or from
the date of such order whichever is later and any person aggrieved
by such order] or by any decision of the Special Tribunal under
Section 29 or Section 30 may, within three months from the date of
the order or decision or such further time as the High Court may for
sufficient cause allow appeal to the High Court and the High Court
shall pass such order on the appeal as it thinks fit.
(2) The High Court may also in its discretion at any time either suo
motu or on the application of any person, call for and examine the
records of any order passed or proceedings taken by the Deputy
Commissioner (except those referred to in Section 28) or by the
Special
Provided that the total compensation payable in respect of any
inam shall not be reduced by the High Court without giving every
inamdar concerned and every person who has made an application
under sub-section (2) of Section 20, a reasonable opportunity of
being heard.
(3) Save as otherwise provided in this Act, no order passed by the
Deputy Commissioner or by the Special Tribunal under this Act shall
be liable to be cancelled or modified except by the High Court as
aforesaid or to be questioned in any Court of law.
1. Substituted for the words, brackets and figures Any person
aggrieved by any order of the Deputy Commissioner made under
sub-section (1) of Section 20" by Act No. 26 of 1979 and shall be
and shall be deemed always to have been substituted.
2. The words figures and letter "or Section 20-A" omitted by Act
No. 26 of 1979 and shall be and shall be deemed always to have
been omitted
3. Substituted for the figures "1969" by Act No. 26 of 1979, w.e.f.
1-5-1979
CHAPTER 5
Miscellaneous
32. Enquiries by the Tribunal and the Deputy Commissioner
:-
1

(1) In respect of every enquiry under this Act by the Tribunal, the
provisions of the Karnataka Land Reforms Act, 1961 applicable to 2
[and the decision of the Tribunal shall be final].
(2) In respect of every enquiry under this Act by the Deputy
Commissioner the provisions of the Karnataka Land Revenue Act,
1964, relating to summary enquiry shall apply as if such enquiry is
a summary enquiry under the said Act.
(3) No legal practitioner shall be allowed to appear in any
proceedings under this Act before the Tribunal or the Deputy
Commissioner].
1. Section 32 substituted by Act No. 26 of 1979 w.e.f. 1-5-1979.
2. Inserted by Act No. 18 of 1990, w.e.f. 8-10-1990.
33. Fee payable on applications petitions etc., under the Act
:-
Notwithstanding anything contained in the 1 [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. Now see the Karnataka Court Fees and Suits Valuation Act, 1958
(Act No. 16 of 1958)
34. Applicability of provisions of the Act to Yelandur Jahgir
:-
(1) The provisions of this Act shall apply to the Yelandur Jahgir as if
the said Jahgir is an inam village.
(2) With effect from the date of vesting of the Yelandur Jahgir in
the State, the Yelandur Jahgir Act, 1885 (Karnataka Act 1 of 1885)
shall stand repealed.
34A. Applicability of the provisions of Karnataka Act XIII of
1952 :-
1 For the removal of doubts, it is hereby declared that the
provisions of the Karnataka Tenancy Act, 1952, for the time being
in force shall, subject to the provisions of Chapter III-A, be
applicable and shall govern the relations of the persons who are
entitled to be registered as occupants under Sections 4, 5, 6, 7 and
9 and of persons entitled to be registered as holders of minor inams
under Section 8, and the agriculturists who hold lands on lease
from such persons as tenants immediately before the date of
vesting.]
1. Section 34-A inserted by Act No. 16 of 1960 and shall be and
shall be deemed to have been inserted, w.e.f. 5-7-1956.
35. 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 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
(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.
36. . :-
1 [x x x x]

1. Section 36 omitted by Act No. 7 of 1956, w.e.f. 5-7-1956

37. Repeal of Karnataka Act XIX of 1950 :-
With effect on and from the date of vesting, the Karnataka
Alienated Villages (Protection of Tenants and Miscellaneous
Provisions) Act, 1950, shall be deemed to have been repealed in its
application to the inam village concerned.
38. 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
Special Tribunals, 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
Karnataka Gazette.
39. Penalties :-
(1) If any person willfully 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
in charge of 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 two hundred rupees or with both.
(2) No prosecution under sub-section (1) shall be instituted except
with the previous sanction of the Deputy Commissioner 1 [x x x].
1. The words "of the District" omitted by Act No. 1 of 1959, w.e.f.
22-1-1959.
40. Power to remove difficulties :-
If any difficult 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.
SCHEDULE 1
SCHEDULE 1