WHAT IS MEANT BY INAMS IN KARNATAKA
(EXTRACT
FROM MYSORE MUZRAI MANUAL)
A
Inam is a grant by Government for the personal benefit of an individual or individuals
or or religious, charitable or other
purposes, or for service rendered to the State or to a Village community. Lands
so granted are held free of assessment, or subject to a Jodi (light assessment)
or quit-rent.
According
to the Land Revenue Code the term "inam" or "alienation of
land"means the assignment, in favour of an individual or individuals or of
a religious or a charitable institution, wholly or partially, of the right of Government
to levy land revenue .
HISTORY OF INAM
The
origin of inams dates prior to 1800 and dates from antiquity. Under the orders
of Dewan Purnaiya, a survey "Akshaya Paimayish", as it was then termed,
the survey having been instituted in the Hindu year "Akshaya" was
made of all inam lands. This survey was neither accurate nor perfect; still the
results were of some use for purposes of inam settlement. Further, it was not a
survey in terms of "acres and guntas" as of now, but of
"Bijavari". Purnaiya's inam accounts were prepared
"Isamwar" and "Talukwar", but not for the village, and they
constitute the "original Jari Inamti accounts", or a record of valid
grant, confirmed by due authority. Purnaiya is said to have restored the inams
which had been resumed by Mohammedan. Rulers, not on the original terms, but
with the imposition of a substantial "Jodi". He also granted fresh
inams, without exceeding the total old recorded value of the inams. During his
settlement, Purnaiya also dealt with excesses discovered in all personal inams
over and above three Kanthirai Pagodas in value. The upshot of his settlement
appears, roughly, to have been the confirmation of inams of the value of about
eight lakhs of rupees, with a Jodi however, of about three lakhs. In earlier
days the assessment was being levied both in kind and cash, on the principle
that the ruling power was entitled to a certain proportion of the produce of
every acre of land belonging to the State.
A
number of inams were also created during the period 1811 to 1831 during the
reign Maharaja Krishnaraja Wodeyar III, and large alienations were made, in
addition to which a good many villages were granted on Kayamgutta or permanent
tenure. Lands, with a rough assessment valuation of 3 ½ lakhs of rupees, were
thus granted as inams, the jodi imposed thereon being only about half a lakh.
The
grants made by the British Commission since 1831, which may be called the third
epoch in inam history, were few, and were for special purposes, such as, the
maintenance of topes, tanks and avenue trees, and the upkeep Chattrams. The
Jodi imposed was also substantial.
In
1841, certain inams unsupported by documentary evidence, but recognised in practice,
were newly registered by the Revenue Authorities in accounts, called
"Chor", "Swalpa", "Chora Manya". These accounts
were later on accepted by the Inam Department. In 1847 however, during the preparation
of the "Aval Number" accounts, some unauthorizedly enjoyed inams were
resumed.
INAM COMMISSION FOR INVESTIGATION AND SETTLEMENT OF INAMS.
The
question of an inam settlement of Mysore was mooted in 1863; but the Inam
Commission was not organised until 1864. This Commission was composed of an
Inam Commissioner, a Special Assistant, and three Assistants all of whom were
invested with judicial powers which were however withdrawn, when the department
was reorganised in 1872.
INAM SETTLEMENT RULES.
With
the approval of the Government of India, a set of Rules were issued in 1868,
for the guidance of the Inam Commission, in the investigation and settlement of
inams. These rules are based on the theory of the reversionary right of
Government and the governing principle adopted to test the validity of inams
was that only such of them were to be confirmed, as satisfied either of the
following two conditions.
(i)
The competence of the grantor irrespective of the duration of the inam, whether
50 or less than 50 years old.
(ii)
The duration of the inam for 50 years or more irrespective of the competence of
the grantor.
CLASSIFICATION OF INAMS.
The
following are the various classes of inams I. Personal inams.— (a) Inams held
for personal benefit. (b) Bramhadaya inams, including Agrahar inams.
II.
Religious (Devadaya) and charitable (Dharmadaya) inams.
III.
Kodagi inams.
IV.
Service inams.—
(a)
Miscellaneous service inams such as Deshpande, Desh-mukhi, Deshkulkarni, etc.
(b)
Inams to Artisans and others for services
rendered
to the village community.
(c)
Village service inams.
V.
Miscellaneous Inams.
ORIGINAL INAM SETTLEMENT RULES IN KARNATAKA (MYSORE) FOR
ACADEMIC INTEREST
I. All grants of land, either free of tax or subject
to Jodi (light assessment) and whether upported
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 underRules I, II and III which
are held by religious and charitable institutions 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 disposal 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.—Enfranchisement 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 twokinds.—
(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 personal.—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 purposes 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 option 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 possessed by Government. The mode and
the right of commutation will be determined on a consideration of the nature of
the service, 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
theirclauses, 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 December, 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 construction 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 reversion therein is
compromised. (Notification by Inam Commissioner,
dated 18th
December, 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 quitrent.
(Chief Commissioner's Order No. 3964-166, dated 17th October, 1873)
NOTE
Mortgages—(i)
If a mortgage deed is dated before 14th December, 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 transaction should
be ignored and the inam settled as if no such deed were inexistence. The fact,
however, should be recorded concisely in column (19) ineach 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 inamdar 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 proportionate 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. Incase of the
Inam Commission outstripping the survey, the extent and assessment of inams
given in the Inam Registers 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 withexcess
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 fullassessment.
(a)
Excess not to be charged if it is proved to be a portion of inam itself. Ifthe
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 Superintendent, 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 quitrent now
imposed, and in the process of combining it with the old jodi.
XVII.
The nature of the Government interference. Inams once converted 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 Government 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 understood 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 acknowledging the title to the
inam on behalf of the Commissioner for the Government 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 quitrent 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 Government, 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
Commissioner 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 recoverable and the claims of Government to such
quit-rents shall have preference 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 powers conferred
upon the ordinary Revenue Courts of the State under the provisions of the
Mysore Revenue Procedure Code. (Now the Land Revenue Code).
XXVI. Liability of the inamdar to payments of irrigation and
local taxes.—All inamdars shall be liable to contribute their
quota of the payments levied from all revenue paying occupiers of land towards
the repairs of irrigation channels and tanks under which they hold land, and
also towards such other local cesses as may be imposed by Competent Authority.
HISTORY OF AGRAHAR INAMS
An
Agrahar is ordinarily a grant of houses for the residence of Brahmins, with an
endowment of lands or other income for their maintenance. The grant is for the
benefit of the grantee, though in return, they are expected to pray for
prosperity of the grantor and his family. This duty, by implication,entails
certain conditions. The grantees should keep up the Agrahar and
arrange
for the houses being tenanted by themselves or other Brahamans, and though they
are allowed to alienate the endowments, i.e.,
the houses as well as the lands, they can so
alienate them only to Brahmans, who alone are supposed to be competent to offer
such prayers. In British Territories, where the dynasties of the grantors have
become extinct, the necessity of maintaining such conditions ceases to exist,
and the inams are often treated as entirely personal grants. In this State,
however, and especially in the case of the Agrahar grants made by Maharaja
Krishnaraja Wo-dayar III, it is desirable that the tenure of service, though
merely nominal, should not be relaxed, and the Agrahars, i.e., the Brahman residences with the
endowments attached, should be maintained in efficiency in commemoration of the
grantor.
(Notification No. 4857-
66—Cir. 125, dated 13th September, The
several Agrahar grants made by Maharaja Krishnaraja Wodayar III,should be
settled on the principles above laid down. These grants would be more properly
constructed with reference to their general character, than with reference to
the wording of the sannads in each case, which, from accidents or carelessness
of the writers, may vary. Powers of alienation within the limits above laid
down are inherent in these grants and may be recognized in regard to all of
them irrespective of the fact of their being expressly provided for or not in
the sannads.It is not meant that houses are essential to these Agraharam
grants. Grants of houses may sometimes be made under the name of Agraharams
without lands attached to them, or lands may be given without house being
built. What is above laid down is the ordinary nature of these grants and the wording
of the sannads in Agraharam grants made by Maharaja KrishnarajaWodayar III
support the above view. (Notification
NO.
si89-9o—Rev. sus, dated
7th January,
1880)
The terms of the grant regarding residence
in Agrahar to be enforced. — The terms of the grant should be strictly enforced
and the Vrittidars should be compelled to reside within the limits of Karadagur
Village. If representatives of more than half a Vritti live in the village, the
others of the same Vritti may perhaps be given freedom to remain elsewhere, if
such concession is not inconsistent with the original grant. Those who are not
residing in the village must be warned to do so. Temporary absence elsewhere
may be excused if they keep a house in Karadagur. Those defaulting and
persisting in such default will render their vrittis liable to be resumed, and
the Deputy Commissioner may hold such vrittis under attachment till such
defaulters provide themselves with houses in Karadagur and reside in them.
(Notification No.
3970-14— P.F. 15-1900, dated 13th
November, 1900)
KODAGI INAMS IN MYSORE (KARNATAKA)
Nature
of Kodagi inams.—Kodagi inams are grants of land or of a share of the produce
for the upkeep of tanks constructed or restored by privateindividuals. (Notification No. 180, dated 29th July, 1875)Obligation of Kodagidars in
respect of Kodagi Tanks.—It is hereby notifiedthat under orders received from
the Government of India, the obligation imposed on the holders of kodagi inam
lands of repairing and maintaining tanks to which such conditions have been
attached, will cease to be enforced and that the inam lands will be confirmed
to the existing holders upon terms which will be hereafter signified.
The
notification in question refers solely to Kodagi tanks in Government villages;
for though in particular instances such
as that referred to in this office letter No. 2235-65, dated 25th June, 1874 to
the Commissioner, Nundydoorg Division, where the Kodagi inams had been
previously resumed by Government, it was ruled by the Chief Commissioner that
the Kodagi
inams
should be transferred to the holders of the villages, with all the obligations
incidental to the Kodagi grant, no interference can be exercised in respect of
Kodagi tanks situated in inam or Kayamgutta villages, further than that which
has been prescribed for the regulation and control of tanks lying in chains Or
series. (Notification No. 2727~Rev, 50,
dated 22nd June, 1876)
SETTLEMENT OF KODAGI INAMS.—(a)
Where the inams consist of grants
of
land.
(1)
Inams granted to private individuals for the "construction and
upkeep" of tanks will be enfranchised at one-fourth quit-rent where the
Chief Revenue Officer of the district in which such tanks are situated
certifies that the conditions of the grants have been fairly observed and that
the tanks are now in use. Where such certificate cannot be furnished, inams of
this class will be enfranchised at half quit-rent.
(2).
Inams granted to private individuals for the "upkeep" of Government tanks
will be enfranchised at half quit-rent where a certificate to the effect stated
under Clause 1 is granted by the Chief Revenue Officer of the District. Where
such certificate cannot be furnished, inams of this class will be confirmed to
the present holders on half assessment for their life, and on their death will
be brought under full assessment.
(Note.—By
"Chief Revenue Officer" is meant the "Deputy Commissioner or the
Sub-Divisional Officer".)
(3)
Minor inams, as Kerebandi, Kerekolga and others of the same kind granted for
the petty repair of the earthwork of tanks, will be confirmed to the present
holders on half assessment for their life, and on their death will be brought
under full assessment. (Note. This rule does not apply to those cases which
have been confirmed on a permanent tenure prior to the issue of Notification
No. 369, dated 23rd January, 1877.)
(4)
Kodagi inams in rent free villages as also in jodi or quit-rent villages, when
their upkeep rests with the jodidars, will be confirmed on the existing conditions,
subject to such regulations for the due and efficient maintenance of such tanks
as may be laid down by the Irrigation Department under the authority of the
Chief Commissioner.
(5)
Inams granted for the construction of tanks by private individuals when such
tanks were made over to the Government and the upkeep rested with the State
will be confirmed to the holders without imposing any additional burden on
them; but it will be optional with them to acquire the powers of alienation by
payment of one-eighth quit-rent. When no quit-rent
is
imposed, the inams will be continued to the holders and their descendants by
birth or adoption as laid down in Inam Rule VI, Clause B. (Notification No. 9620
R. 43, dated 20th December, 1876)
(6)
The combined quit-rent including the former jodi to be imposed under the
foregoing rules on Kodagi inams (including Kerebandi and Kerekolga) will be
credited to the Irrigation Cess Fund of districts, the maintenance of Kodagi
tanks having devolved on the State.
(7)
The above rules shall have retrospective effect from 16th September, 1874. The
object of making the rules retrospective was to include in their provisions Kodagi
tanks that have been resumed since 16th September, 1874.
(8)
No investigation is necessary as regards such Kodagi inams as were resumed
prior to 16th September, 1874. As regards inams resumed since that date, the
certificate as to condition will not be requisite as the resumption will be
cancelled and the inarns continued to the holders for life on half assessment.
The very fact of the inams having been
resumed is prima facie proof
of the original conditions not having been fulfilled and no further enquiry
under Rules I and II is necessary.
(9)
The rules for charging excess in the case of minor inams apply to the Kodagi
inams.
(10)
Chor and Sthal Kodagi inams, in cases where the Government had accepted the
service of the holders, will be
enfranchised on the same terms as other Kodagi inams.
(b)
Where the inams consist of payments of shares of produce on certain lands.—
(1)
In un-surveyed taluks.—The Government Batayi realization on the land in
question should be ascertained for an average of the last three years and the
value of the inamdar's share should be
calculated on the assumption that the Batayi
realisations represented one-fourth of the gross produce.
(2)
In surveyed
taluks.—The gross produce should be assumed at seven times, the survey
assessment of lands (occupied and un- occupied) and the value of the inamdar's
share calculated therefrom. (Notification
No, 4020— R. 88, dated 20th July, 1877)
(3)
After the value of the inamdar's share has been ascertained as above, it may be
commuted into a money payment in the first instance under Rule XI of the Rules
for the settlement of ready money grants, option being given to the inarndar of
applying for a grant of land in lieu under Clause 2 of the said rule. The
quit-rent imposed may be either levied from the land or deducted from the cash
allowance.
REVISION OF KODAGI INAMS.
(1)
No Kodagi inam should be treated as granted only for "upkeep" unless upon
distinct and express proof. As a general rule, Kodagi inams were granted for
"construction and upkeep" and the grant for mere "upkeep"
was very rare indeed. Bearing this fact in mind the ordinary presumption is
that the inam was granted for "construction and upkeep" and there
must be
express
proof to rebut this presumption. Government were bound to adopt such a liberal
treatment when, by the abolition of an existing system, they were interfering
with vested rights by an act of the Legislature, for the Rules of 1877 had and
have the force of law. It is therefore decided to revise the cases now pending
on the principles above enunciated and to treat as falling under Class I, all
cases for which such treatment is now claimed, and in which (after a
consideration of the entire evidence now or before adduced) there is
no
proof of a grant for "upkeep" only.
(2)
The cases thus brought under Class I should be settled at one-fourth or half
quit-rent according to the fairly good order or total disrepair of the tanks concerned,
at the time of the former settlement. The condition of a particular tank at
that time can now be ascertained only by the evidence then recorded; but in any
very special case in which that evidence is impugned, you are at liberty to
ascertain by enquiry from local officers the exact condition of the tanks at
that time.
(3)
There are however two questions which, though not immediately connected with
the settlement, may yet receive useful elucidation at the present enquiry, so
as to enable the Government to come to a satisfactory decision hereafter. The
first of these questions is whether any Kodagidar to whom the inam may now be
confirmed under Class II at one-fourth quit-rent really asks for the
restoration of the inam together with the liability to maintain the tank, and
to forfeit entire inam in case of default to maintain. It is probable that many
of them do not understand what they are asking for, and in most cases it will
be found that they would choose the smaller evil of one-fourth quit-rent rather
than undertake the heavy responsibility of maintaining a tank. Persons coming
under Class I, who failed to maintain their tanks and are therefore charged
half quit-rent are liberally treated hen let-off with only half quit-rent.
Persons coming under Class II are not entitled to any special consideration by
way of again entrusting the tanks to their care.
(4)
The present revision must necessarily be restricted to cases to which complaints
are brought forward, but any cases not now brought forward owning to ignorance
or want of sufficient notice may be received, enquired into and decided, if
application for revision is made within a year after the publication of the
results of the revision in the cases now pending. (Notification No. 4704-11-138, dated 29th September, 1888)
(5)
Rights and liabilities of Kodagidars after settlement. The Chief Commissioner
observes that the enfranchisement of Kodagi inams releases the Kodagidars not
only from their liability for the future repairs but must also, to a certain
extent, render void the previous engagements entered into by them in the
prospect of their continuing to enjoy the inam lands
undisturbed.
(Notification No. 2305—Rev. 394, dated 19th
August, 1879) The abandonment of Kodagi tank by the Public
Works Department does not give any right to the Kodagidars to the stones.
Enfranchisement relieves the Kodagidars of their right and liabilities and no
reversionary right to the Stones Can be recognised. (Notification No. 9006-13—R.F. 221-92, dated 20th
December, 1392)
FORMER MISCELLANEOUS RULES AND NOTIFICATION OF INAMS
EXTRACT FROM MUZRAI MANUAL
CONVERSION OF LAND INAMS INTO CASH GRANTS
(1)
The question of converting all land inams into cash was proposed for consideration
at the meeting of Deputy Commissioners and Heads of Departments held in October 1926. As the subject was of
considerable importance, the Officers concerned were requested to examine it in
detail with reference to the conditions in the several districts and forward
their opinion.
The
majority of the Deputy Commissioners considered such conversion undesirable.
The Muzrai Commissioner was of opinion that such conversion should not, as a
general rule, be permitted, but might be considered in particular cases where
the circumstances make it desirable. The Superintendent,Revenue Survey and
Settlement in Mysore, held that the measure is neither feasible nor desirable
and that, if undertaken; may involve additional
expenditure
to be borne by Government. (Notification
NO.
1252-3—Muz. 179-26-4, dated 2nd February, 1928)
(2)
Government agree that as a general measure, conversion of land inams into cash
grants is not likely to be altogether beneficial either to Government or to the
institutions concerned. It will not be easy to fix, as a general arrangement,
the cash grants to be allowed in lieu of the inam lands resumed.
Cash
grants would be fixed for all time while the institutions if left in
theenjoyment of land inarns, might expect to cover increase of expenditure from
enhanced prices of produce or larger rents. Sentiment is also involved in the consideration
of the question and the measure is not also likely to be popular. In view of
these facts, the idea of making any innovation in theexisting system will be
abandoned.
(3)
Where, however, in the circumstances of particular cases, the replacement of
land inams by cash grants is considered desirable, the conversion may, as
suggested by the Muzrai Commissioner, be proposed and cases of this kind
submitted for the orders of Government.
(4)
The Muzrai Commissioner in Mysore suggests also that the present rule fixing
the period of lease of temple inam lands at five years and in special cases at
ten years may be relaxed in cases in which it is found that leasing for longer
period will fetch higher rent as in the case of garden lands in the malnad.
This suggestion is approved. Cases in which the period of lease
exceeds
ten years may be submitted for orders of Government, those for periods upto ten
years being sanctioned by the Muzrai Commissioner.
CONVERSION OF BHATT INAM LANDS INTO DEVADAYA
Government
are pleased to sanction the conversion into Devadaya of the Bhatt inam lands in
Bidargere and other villages in the Anekal Taluk endowed by Mr. G.
Venkataramaniah, for the benefit of Sri Kodandaramaswami Temple, the present
Jodi and quit-rent, etc., being
treated as Jodi, as the conversion will not result in any loss of revenue to
Government and as the permanency of temple service will be secured. (Notification No. 1524-7—Muz. 166-25-8, dated 31st May, 1926)
RESUMPTION OF INAM LAND NOT FIT FOR AGRICULTURAL PURPOSES
As
the inam land originally granted to Sri Guruvannadevara Mutt of Hanumanthapura
Village, Bangalore Taluk, as agricultural land cannot be used for agricultural
purposes according to the intention of the endowment,Government direct that it
may be resumed and an equal extent of similar land given to the Mutt on the conditions
of the old grant. The new land to be given in exchange may, if possible, be in
the same Taluk, if not in the Same Hobli. (Notification
No. 183-6— Muz. 273-27-7, dated 24th July,1928.
PERIOD WITHIN WHICH APPEAL TO GOVERNMENT UNDER RULE XXII
OF THE INAM RULES SHOULD BE PREFERRED
After
a settlement has been made by the Inam Commissioner, the proper course for the
party affected by it is to appeal to Government under Rule XXII f the Inam
Rules. Though they do' not provide any specific period withinwhich appeals
should be preferred against the order of the InamCommissioner, it is to be
understood that such appeals should be preferred within a reasonable time, in
fixing which the provisions of the ordinary law of limitation will serve as a
usefulguide. Government consider that appeals long after the original
settlement should not be encouraged specially when there are no adequate
grounds for condoning the deiay. (G.o.
No. R.
3700-1— L.R. 452-06-2, dated 13th December, 1907)
DEVADAYA AND DHARMADHAYA INAMS
Lands
belonging to the Muzrai Institutions and lying under the Irwin Canal in the
Taluks of Mandya, Malvalli, Maddur, French Rocks and Serin-gapatam, have
considerably increased in value. Several such lands are in the possession of
the archaks, who render the services and only pay a nominal reserve fund. Some
of these archaks may, instead of paying acreage contribution, surrender lands
equivalent to the said sum. As such a procedure is highly disadvantageous to
the institutions concerned, the acreage contribution may be paid from the funds
of the institutions concerned
wherever
funds are available and in other cases, the amounts may be paid, in the first
instance, from the General Muzrai Funds, subject to their recoupment later on.
It is also highly advantageous to lease out all such lands. When the question
of the lease is taken up, it is likely that the archaks may set up a plea that
they have spent large sums over the lands and that, therefore, they should not
be dispossessed of the lands. To avoid all such contentions, the Amildars
concerned will see that immediate instructions are issued to the
archaks
concerned, not to invest heavy sums over such lands, and that if any should do
so, it would be at his own risk. (Muzrai
Commissioner's Circular No. 1-37-38, dated 2nd September, 1937)
Early
action on the lines noted above should be taken. In continuation of this office
Circular No. 1-37-38, dated 3rd September, 1937, regarding the Devadaya and
Dharmadaya lands belonging to the several Muzrai Institutions which have become
irrigable by the Irwin Canal, in the Taluks of Mandya, Malavalli, Maddur,
French Rocks and Seringapatam, the following further instructions are issued
for the guidance of Muzrai Officers, with regard to the payment of contribution
and water rates.
It
has come to notice that the contribution and water rate amounts due on those
lands are demanded and taken from lessees and that the amounts so collected are
credited to their khates. The liability for these items rests on the owners of
the lands who are the temples or other institutions to which the lands are
endowed. The contribution and water rate due on these inam lands is primarily a
liability on these institutions and not on the person in whose
possession
the lands are. If these items are demanded of the lessees, they are likely to
set up claims to the lands, on the termination of the lease. These demands
should be looked into the khate of the institutions, like jodi and cesses due
on the inam lands and the amounts recovered from lessees credited to the funds
of the institution. The entries made in Records of Rights Register, in respect
of such lands, should also be verified, if the entries have been correctly
made, so as to show clearly, the rights of the institution.
The
wetlands have now become valuable and more productive. Early action is required
to lease out these lands. Care should be taken to secure proper bids, so as to
cover the payment of contribution and water rate, which the institution has to
bear. In the case of institutions where the archaks are in possession of the
inam lands, the archaks may be left in possession of the lands as
tenants-at-will, if they agree to pay a reasonable reserve amount to cover the
contribution and water rate payable by these institutions; failing which, the
lands should be leased out as stated above, providing cash grants to the
archaks. As regards inams granted to the institutions for performing a definite
service, viz., Bhajantri,
etc., if
the person, in whose possession the land is, agrees to pay a reserve amount,
which would cover the payment of contribution and water rate from the fund of
the institution, he may be permitted to be in possession of the land as a
tenant-at-will; otherwise, the land should be leased out providing cash payment
to the person performing the service. The scales of the institutions will also
have to be revised after action is taken as indicated above. A statement in the
form annexed, should be submitted to the Muzrai Commissioner's Office by the
end of March 1938, showing how far the instructions contained in this memo, are
carried out. (Memo NO. c.
388-37-38,
dated 23rd
February, 1938)
EXCESS DEVADAYA INAMS
Excess
in temple inams not to be charged. The inam lands are intended solely for the
benefit of the temples concerned and their continuance as inam is absolutely
necessary to ensure service being performed in a proper manner for the
prosperity of his Highness the Maharaja and the State of Mysore, according to
the original intention of the several grants. In consideration of the
above-mentioned circumstances and to free these institutions from petty annoyances,
the Government have after careful consideration come to the conclusion that
this increased assessment in the shape of Khalsat should be remitted, and they
are accordingly pleased to admit that the amount of Khalsat assessment due on
such of the inam lands as are actually in the enjoyment of temples be written
off the accounts, and its levy foregone in future, the excess lands being
treated as forming part and parcel of the original grant. The Deputy
Commissioners of Districts are requested to submit for record in the Government
office accurate statements showing clearly the area and assessment of the
entire inams, the jodi payable to Government and the area and assessment of the
portion treated as Khalsat but now confirmed as inam. (G.O. No.
R. 2973-83, dated 9th January, 1902)
