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ORIGINAL INAM SETTLEMENT RULES IN KARNATAKA (MYSORE) FOR ACADEMIC INTEREST

EXTRACT FROM MYSORE MUZRAI MANUAL

I. All grants of land, either free of tax or subject to Jodi (light assessment) and whether supported by Sannads or otherwise, shall be held to be valid, provided they are registered in Poorniah's Inamty Account of 1800 to 1810.

II. Inams granted by the Maharaja Krishnaraja Wadeyar III, during his Highness' Administration between 1810 and 1831 for which sannads and "Niroopas" are forthcoming, shall also be held to be valid.

III. All other inams not falling under the two foregoing divisions, no matter by whom granted, shall also be held valid upon the production of trustworthy "Sannads" or other genuine documentary evidence of their existence for the last 50 years.



IV. Classification of inams. After the validity of the inam has been proved, each case will be disposed of as hereafter explained, according as it belongs to one or other of the following general classes.

(a) Grants or endowments made for the support of religious and charitable institutions, and for the maintenance of persons therein rendering services; (Devadaya, Brahmadaya and Dharmadaya inams fall under this category)
(b) Personal or subsistence grants;
(c) Grants made by former Governments for service in the Revenue and Police Departments, which is no longer required;
(d) Village Service Inams

V. Treatment of religious and charitable inams.—All inams, coming under Rules I, II and III which are held by religious and charitable institu¬tions and by persons therein rendering service, should be confirmed to their present holders, so long as the institutions are kept in good order and service continued to be performed, according to the condition of the grant.
(a) Kodagi inams.—Inams granted for the construction and repair of wells, tanks, water channels, and such like works, will not be interfered with so long as the works are kept in good order, and the terms of the grants are fulfilled.

VI. All personal inams are to be treated according to the terms of the Sannad under which they are held.
(a) Inams granted by Competent Authorities vesting the grantee with full powers of alienation will not be subjected to any quit-rent.—All inams for which there are sannads, vesting the grantee with full powers of alienation and absolute right of dis¬posal granted by Competent Authorities, such as the Emperors of Delhi, the Maharaja, and his predecessors on the throne of Mysore, and by other independent chiefs, the late Peishwas and the Nizam and not subsequently resumed, or modified, will be confirmed, whether in the hands of the original grantees, their descendants, or alienees, without the imposition of an indemnification fee.

(b) Treatment of inams for which there are no sannads and those produced are of an hereditary character.—Inams for which no sannads are produced, or where the sannads produced are of an hereditary character, and where the tenure is not specifically restricted are to be confirmed to the present holder, and to his heirs, male or female, in directed succession, and to undivided brothers, and cousins, and to persons whose adoptions were made in conformity with the Hindu Law.

(c) Enfranchisement at a uniform rate of one-eight quit-rent irrespective of the position of the present incumbent with regard to heirs. Option however, will be given to the inamdar to render these grants perpetual and alienable, by payment of a quit-rent equal to one-eighth assessment of the entire tenure, irrespective of his position with regard to heirs.

(d) Enfranchisement compulsory in the case of alienees.—Enfran-chisement of these inams in the hands of alienees is compulsory and not optional as in the preceding clause.

(e) Compulsory enfranchisement at half quit-rent of recent inams less than 50 years old.—All other personal inams which are less than 50 years old and not granted by Competent Authorities, are to be charged with half assessment without option.
(f) Quarter quit-rent in special cases.—Indulgence will, however, be shown in cases in which there is a strong presumption in favour of an inam being 50 years old, and where the probability is equal on both sides, the intermediate rate of one-fourth quit-rent will be charged as a special case.

VII. Fraudulent inams will be fully assessed.—If the inam was founded on fraud and took its rise subsequent to 1831, it will be resumed, and subjected to full assessment.
(a) Two-thirds quit-rent if the present holder is not a party to the fraud. But, if the present incumbent was not a party to the fraud, indulgence will be shown by charging his inam with a quit-rent of two-thirds.

VIII. Treatment of several descriptions of village service and other grants.—Grants by former Government in remuneration for services wholly or partially discontinued in the Revenue and Police Departments are of two kinds.—
(a) Those which are no longer required or rendered.

(b) Inam till continued on condition of performing certain services which are seldom rendered, or cannot be made available for any useful public purpose. Each class will be dealt with according to the following rules.—

(c) "Desamookhi" and such like grants to be treated as per¬sonal.—mams granted to "Desamooks", "Desapondia" and such like offices which are no longer required, and where a compromise has already been effected on the abolition of the service, are to be regarded as subsistence grants to be disposed of according to Rule VI and its clauses. Where no commutation of the service has been effected; the inams of these offices will fall under clause (f) infra.

(d) Village services inams held for Government service will not be brought under the settlement but simply registered for pur¬poses of record.—Inams held for village offices of revenue or police the duties of which are still required to be performed, will only be registered in the present settlement for purposes of record, but they will be dealt with by the Survey ana Settlement Department.

(e) Inams of artisans will be confirmed on their existing terms. But inams granted to artisans and others for services rendered to the village community, should be confirmed as hereditary grants to the holders and their heirs, subject to the continued performance of the particular service for which they were granted.

(f) Treatment of grants for service not required or rendered to be confirmed on rates not higher than half assessment at the op¬tion of the Inam Commissioner.—In cases in which service may be no longer required, or is of a nominal nature, the inam will be confirmed to the holders as a permanent and alienable property subject to payment of a quit-rent not exceeding half assessment This quit-rent will be charged in commutation both of the service thus discontinued, and the right of reversion pos¬sessed by Government. The mode and the right of commutation will be determined on a consideration of the nature of the serv¬ice, and how long ago it ceased to be rendered, or enforced, and the circumstances attending it in each case.

IX. Proof of alienation required, in default liable to full assessment.—
In the case of alienation of the inams referred to in Rules VI and VII and their clauses, satisfactory proofs are necessary either from entries in the public accounts, reliable documents in possession of the inamdars, or from the admission of the original grantees, or their recognised descendants, or undisturbed possession for the last 12 years. On failure of all proof of the alienees title, the inams will be fully assessed.

NOTE
(i) A Alienations of inam lands made subsequent to the date of the promulgation of the Inam Rules, viz., 14th December, 1867, will not be recognised, unless such inams are of the nature described in Rule VI, clause (a) or enfranchised under clauses (c) and (d). (Chief Commissioner's NO. 949-22, dated 22nd May, 1872, Inam Commissioner's No. 88, dated 5th June, 1871 and Secretary's No. 3120-108, dated 5th September, 1872)

(ii) In the case of a de facto lapse the inam should be at once resumed, Illustration.—A, the original grantee or his recognised representative not having powers of alienation, died without heirs after the 14th Decem¬ber, 1867, having also since that date alienated his inam with or without consideration to B. Proof of the extinction of the family of the alienor must be clearjy shown. (Inam Commissioner's Memo No. 1361, dated 14th October, 1872, Secretary's No. 5243-157, dated 16th December, 1872).

(iii) In cases in which the Sannad of the late Maharaja under which an Inam is held conveys in its body the powers of alienation but the words giving such power are omitted in his Highness autograph, a strained con¬struction should not be put on the latter. The subscribed words should be clear and distinct in order to nullify the powers set forth in the body of the grant. Where there is any ambiguity, the Inamdar should be given the benefit Of the doubt. (Secretary's No. 400-25, dated 29th April, 1872)

(iv) The public should be warned that purchases of inams which they may make would be at their risk, unless the Government's claim to rever¬sion therein is compromised. (Notification by Inam Commissioner, dated 18th Decem¬ber, 1867)

(v) All service inams alienated before the 9th September, 1835, and for which no service is performed by the alienee, should be enfranchised on half quit-rent. (Chief Commissioner's Order No. 3964-166, dated 17th October, 1873)

NOTE

Mortgages—(i) If a mortgage deed is dated before 14th Decem¬ber, 1867, its validity is recognised, a notice being issued in the usual way to the mortgagor or to his heirs, to come forward within three months from date of notice and file the usual statement, or assent to the claim of the mortgage. The fact is then recorded in the register and the title deed made out in the name of mortgagee, with compulsory enfranchisement, if over 30 years' standing. Should the Inamdar's family be reported to be extinct, a notification is issued in the most public manner calling upon any member of the family who may be alive to come forward within three months of the date of such notice, under pain of attachment under Rule XIII; failing which, so much of the inam as is equal in Beriz to 12 per cent on the original debt is confirmed to the mortgagee, with compulsory enfranchisement the remainder, if any, being resumed and fully assessed. This rule applies only to cases within the limit of 30 years by which the inam enquiry is governed, as the new law only came into operation on the 1st August, 1873.

But if within that term of limitation, the title deed is made out in the name of the mortgagor, the parties should be left to themselves to effect necessary transfer.
(ii) Should any dispute arise the fact should be noted in the register and the parties referred to Civil Courts, the title deed being made out in the name of inamdar mortgaging it.
(iii) If the mortgage deed bears date after 14th December, 1867, the trans-action should be ignored and the inam settled as if no such deed were in existence. The fact, however, should be recorded concisely in column (19) in each such case and the title-deed made out in the name of the inamdar. (Government of India Notification No. 144, dated 20th July, 1871 "Mysore Gazette", dated 9th September, 1871)

NOTE
Alienation by holders not to be noted in column (15) of the inam register. (Notification No. R. 5155-57—L.K. 60-07-8, dated 18th January, 1910)

Names of subsequent alienees who derive their titles from the gifts made by the original holders of inams should not be entered in column (15) of the said register. It is only the names of persons upon whom the inam village has devolved in the usual course of descent from the original inam¬dar or in the case of transferable inams, the names of the persons in whom the entire right of the inamdar is vested that should be entered in the said column. Government recognise such persons only as are entitled to the privileges of an inamdar and not of persons having more proprietary rights as Kadim tenants or grantees from the inamdars.

The right of each Vrittidar to hold his Vritti and exercise all rights of ownership in his share in the inam village is not affected by the entry in the column (15) and it does not therefore give the particular Vrittidar whose name is entered in that column any claim to interfere with the enjoyment by the other Vrittidar of their Vrittis, are their liability-to pay only their pro-portionate share of the jodi separately, under Rule 99, clause (c) of the Land Revenue Rules, if their names are omitted from the inam register. Some single person should be held responsible for the good administration of the village, the recovery of Government dues thereon and the maintenance of village accounts to be rendered to Government, and to exercise control over the village in respect of these matters. It is for this purpose that only the principal Inamdar is entered in the Register and not others who have merely proprietary rights in portions of the inam village.

X. Survey extent and assessment to be adopted in Surveyed Taluks. The extent and assessment of inams recorded by the Survey Department, will be invariably adopted in the inam settlement of the surveyed taluks.
(a) What extent and assessment to be adopted in unserveyed taluks. In case of the Inam Commission outstripping the sur¬vey, the extent and assessment of inams given in the Inam Reg¬isters of 1810, or of a reliable subsequent account, will be adopted leaving the excess to be charged after actual survey according to the course laid down in the following rule.

XI Treatment of excess in all descriptions of minor inams. In dealing with excess in inams, all excess over and above the rate of excess discovered in the Government lands of the village plus 10 per cent will be charged with full assessment.
(a) Excess not to be charged if it is proved to be a portion of inam itself. If the excess above the area recorded in the accounts or in the "Sannad" is proved to be within the limits mentioned in the grant itself or a separate. "Hudnamah" and where no room for encroachment existed, and if it is also proved to have been in the uninterrupted enjoyment of the inamdar for the last 50 years, it will be regarded as a part of the original inam, and no additional charge will be made even if it happens to exceed the indulgence shown in the preceding clause.

XII. Inam settlement to be made with the registered holders or with the head member of the family enjoying it. The settlement will be made either with the registered holders of the inam, or where none are registered with the head member of the family enjoying the inam, who according to existing practice, is alone considered responsible to Government. But this rule will not interfere with the enjoyment of subordinate shares in the inams by the other members of the family, which will also be recorded on the register.

XIII. Abandonment and non-appearance of the inamdars how to be dealt with. When the inam has to all intents and purposes been entirely abandoned, there being no acknowledged owner in existence, or, if, being in existence, he omits to come forward to claim it, and when the recorded possessor fails after due notice, to appear to prove his title, such inam will, in the first instance be placed under attachment by the Assistant Superin-tendent, attached to the inam settlement, and after the expiration of one year from the date of the notice, will be held to be liable to be fully assessed to the public revenue.

XIV. The quit-rent is to be an addition to the existing jodi. The quit-rent to be imposed under the rules being a consideration required in return for an extension of rights, will be exclusive of and in addition to, any Jodi with which the land may be already charged, but the additional quit-rent will vary according to the value of the holder's rights, and will be calculated not on the full assessment of the land, but on the difference between the full assessment and the jodi already existing, which represents the net value of the land to the inamdar.

XV. Minimum rate of quit-rent and the mode of calculation. The minimum rate of quit-rent to be charged will be two annas and it will not be calculated in terms lower than two annas, when the amount is less than one rupee; it will be charged in terms of four annas for sums between one and five rupees; in terms of eight annas for sums between five and ten rupees; and in terms of one rupee when the due amount exceeds nineteen rupees.

XVI. Fractions will be avoided.—Fractions will always be avoided in the quit-rent now imposed, and in the process of combining it with the old jodi.

XVII. The nature of the Government interference. Inams once con¬verted into a permanent and alienable property under the rules, will be subject to no further interference on the part of the Government except such as may be necessary for the punctual realization of the quit-rent now charged, or the existing jodi thereon.
A. Refusal of the redemption of the existing jodi and quit-rent now charged. The redemption of the existing jodi, or the present quit-rent will not be permitted.

XVIII. Treatment for grants made by the present Government.—Inam granted by the Commissioner, with or without the sanction of the Govern-ment of India will be confirmed according to the terms of the grant without any new quit-rent; any excess, however, will be charged full rates minus 10 per cent.
A. Grants made by the Mysore Government for a certain number of lives, or old inams restricted to one or more lives, will be made permanent and transferable by the payment of one-eighth quit-rent in the first life, one-fourth in the second, and half in the third and subsequent lives.

XIX. Interpretation of the term inam.—The term inam is to be under¬stood to apply also to whole inam villages, whether held entirely free of land tax, or on a favourable quit-rent, or jodi, and such villages will be dealt with upon the same principles as are above prescribed for minor inams.

XX. Titled deed to be presented to the inamdar in acknowledgement of his inam tenure. On the validity of an inam being established, by inquiry conducted in accordance with the foregoing rules, a titled deed will at once be furnished under the signature of the Inam Commissioner acknow¬ledging the title to the inam on behalf of the Commissioner for the Govern¬ment of the Territories of his Highness the Maharaja of Mysore, specifying in it the nature and terms of the tenure.

XXI. Settlement as regards the right of Government to levy the annual quit-rent not to be questioned in any Civil Courts.—After settlement has been once made by the Inam Commissioner according to the foregoing rules it shall not be competent for any judicial Courts of the Province to question validity of his settlement, or the right to levy the quit-rent or annual payment imposed in commutation of the reversionary right of Gov¬ernment, and the concession now authoritatively made to make the inams permanent, heritable and alienable.

XXII. Appeals from Inam Commissioner's decision.—Appeals against the Inam Commissioner's decisions shall be made direct to the Commis¬sioner of Mysore. (Mow to the Government of his Highness the Maharaja of Mysore).

XXIII. Inam Commissioner not liable to be sued for any act bona fide done in his official capacity.—The Inam Commissioner duly authorised by the Government to conduct the inam settlement, shall not be liable to be sued in any judicial Court for any bona fide act done, or ordered to be made, in his official capacity.

XXIV. Quit-rent how to be levied.—All quit-rents payable under these rules shall be levied in the manner in which ordinary land revenue is recov-erable and the claims of Government to such quit-rents shall have prefer-ence over any other debt, demand/ whether in respect of mortgage, judgment, decree, execution or attachment, or otherwise howsoever, against the lands, or the holder or holders thereof.

XXV. The Inam Commissioner and his Assistants shall exercise the pow¬ers conferred upon the ordinary Revenue Courts of the State under the provisions of the Mysore Revenue Procedure Code. (Now the Land Reve¬nue Code).

XXVI. Liability of the inamdar to payments of irrigation and local taxes.—All inamdars shall be liable to contribute their quota of the pay-ments levied from all revenue paying occupiers of land towards the repairs of irrigation channels and tanks under which they hold land, and also to-wards such other local cesses as may be imposed by Competent Authority.

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KARNATAKA LAND LAWS

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