Fugitive Economic Offenders Ordinance 2018

The Criminal law (Amendment) ordinance, 2018

The Criminal law (Amendment) ordinance, 2018 signed by President which allows death for child rapists

Accused Is Entitled To Default Bail After 60 Days For Offences Punishable With ‘Imprisonment Up To 10yrs

Supreme Court of India held that an accused is entitled to statutory bail (default bail) under Section 167(2)(a)(2) of Code of Criminal procedure if the police failed to file the charge-sheet within 60 days of his arrest for the offence Punishable With ‘Imprisonment Up To 10yrs

Lok Sabha Passes the Specific Relief (Amendment) Bill, 2018

Supreme Courts Issues Directions to Prevent Misuse of SC/ST Atrocities Act (20/03/2018 Judgment)

 There is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide.

In view of acknowledged abuse of law of arrest in cases under the Atrocities Act, arrest of a public servant can only be after approval of the appointing authority and of a non-public servant after approval by the S.S.P. which may be granted in appropriate cases if considered necessary for reasons recorded. Such reasons must be scrutinized by the Magistrate for permitting further detention. 

Any violation of direction will be actionable by way of disciplinary action as well as contempt. 

Acquisition of land by certain persons prohibited / Karnataka Land Reforms (Amendment) Act 2015

Section 79-A. Acquisition of land by certain persons prohibited.  

 - (1) On and from the commencement of the the Karnataka Land Reforms (Amendment) Act, 1995, no person who or a family or a joint family which has an assured annual income of not less than 1[rupees two lakhs] from sources other than agricultural lands shall be entitled to acquire any land whether as land owner, landlord, tenant or mortgagee with possession or otherwise or partly in one capacity and partly in another.

1. Substituted for the words rupees fity thousand by Act No.31 of 1995 w.e.f. 20-10-1995.

Please Note :

1) KARNATAKA LAND REFORMS ACT 1961, (Karnataka Act No.10 of 1962) AS AMENDED BY ACT NO.1 & 31 OF 1991 - Section 79A - Interpretation by reference to entire provisions as amended by Act 1 of 1991 - Must be held Rs.50,000/- always in enactment - From 1.3.1974, no acquisition of agricultural land if Income from non-agricultural sources in excess of Rs.50,000/-.

HELD - Whenever an Amended Act has to be applied subsequent to the date of amendment, the various unamended provisions of the Act have to be read along with the amended provision as though they are part of it The amended part of the provision having got incorporated into the Act the provision of Section 79A of the Act as such should be read. Section 79A of the Act has the opening words on and from the commencement of the Amended Act. The amended Act, is defined to be Act 1 of 1974 which came into effect from 1.3.1974. From that date, no one can acquire an agricultural land if his income from sources other than agricultural lands is in excess of Rs.50,000/-... The interpretation to be placed on Section 79A of the Act is only by reference to the entire provisions of the Section as amended by Act 1 of 1991 and it must be held that the said words Rs.50,000/- as always being there in the enactment because the language of the Section permits no other construction. [Vijayakumar Sankrayya Sardar Vs State of Karnataka w.p.No. 20403 of 1991 dated 16th August 1993 : ILR 1993 KAR 2586].

2) It has been noticed that the Vijayakumar Vs State, ILR 1993 Kar. 2586, the Division Bench has held that the amendments effected by Acts 1 & 31 of 1991, substituting the words Rs.12,000-00 with the words Rs.50,000/- got incorporated into Section 79A and the amendments are effective from 1.3.1974, but not from the date of amendment Acts 1 and 31 of 1991.

Act 31/1995, has substituted the words Amendment Act with the words the Karnataka Land Reforms (Amendment) Act, 1995 and also substituted the words Fifty thousand, with the words Two lakhs. The legislature has made its intention very clear as to the prospective nature of the amendments. For this purpose the words the Karnataka Land Reforms (Amendment) Act 1995 have been substituted, for the words amendment Act, which according to Section 2A(4) means Karnataka Land Reforms (Amendment) Act 1973. Now the amendments clearly state that the amendments should take effect from the date of commencement of Act 31/1995, which has come into force on 20-10-1995.

(2) For purposes of sub-section (1) -

(i) the aggregate income of all the members of a family or a joint family or a joint family from sources other than agricultural land shall be deemed to be income of the family or joint family, as the case may be, from such sources;

(ii) a person or a family or a joint family shall be deemed to have an assured annual income of not less than rupees two lakhs from sources other than agricultural land on any day if such person or family or joint family had an average annual income of not less than rupees two lakhs from such sources during a period of five consecutive years preceding such day.

Explanation. A person who or a family or a joint family which has been assessed to income tax under the Income Tax Act, 1961 (Central Act 43 of 1961) on an yearly total income of not less than rupees two lakhs for five consecutive years shall be deemed to have an average annual income of not less than rupees two lakhs from sources other than agricultural lands

(3) Every acquisition of land otherwise than by way of inheritance or bequest in contravention of this section shall be null and void.

(4) Where a person acquires land in contravention of sub-section (1) or acquires it by bequest or inheritance he shall, within ninety days from the date of acquisition, furnish to the Tahsildar having jurisdiction over the Taluk where the land acquired or the greater part of it is situated a declaration containing the following particulars, namely:

(i) particulars of all lands;

(ii) the average annual income of himself or the family;

(iii) such other particulars as may be prescribed.

(5) The Tahsildar shall, on receipt of the declaration under sub-section (4) and after such enquiry as may be prescribed send a statement containing the prescribed particulars relating to such land to the Deputy Commissioner who shall, by notification, declare that with effect from such date as may be specified in the notification, such land shall stand transferred to and vest in the State Government without further assurance free from all encumbrances. From the date specified in such notification the Deputy Commissioner may take possession of such land in such manner as may be prescribed.

(6) For the land vesting in the State Government under sub-section (5), where the acquisition of the land was by bequest or inheritance, an amount as specified in Section 72 shall be paid and where the acquisition was otherwise than by bequest or inheritance, no amount shall be paid.

WHAT IS MEANT BY INAMS IN KARNATAKA

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 20^th 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)