The MYSORE (RELIGIONS AND CHARITABLE) INAMS ABOLITION ACT, 1955

127 MYSORE ACT No. 18 OF 193% Gkat published in tle Mysore Gazette on the F;not D of September 1955.) THE MYSORE (RELIGIOUS AND CHARITABLE) INAMS ABOLITION ACT, 1955 (Received tlhe assent of the President on the Nineteenth Day of Augst 1955.) , At to provide for the abolition of religious and charitable inams in the State of Mysore except Bellary District. a L x W b O o E l I D i E t t i R on B E A o e f S l l a r i e r t y li i g s i D o e u x i s s p t e r a d i n c i d e t n c t a h n i a n d r i t t h a fo e b r l e p o u i t n b h a l e i m c r s i n m i t n e a r tt e t e s h r t e s to S c o t p a n r t o n e v e c id o te e f d f M or t y h s e t o r h e r e e ith; Be it enacted by the Mysore State Legislature in the Sixth Year of he Republic of India as follows : - CHAPTER I. PRELIMINARY. 1. Short title, extent, application and commencement.-(1) This Act may be called the Mysore (Religious and Charitable) Inams Abuli tion Act, 1955. (2) It extends tot he whole of the State of Mysore except Bellary District. (8) It applies to -- (a) religious inans including the Sringeri Jahgir; and (6) charitable inams. Eaplanation.- religious inam,' Or charitable inam mean grant of a village, portion of a village or land entered as Devaday inam' or Dbarmndaya inam '; as the case may be, in the aliena tion register kept under section 5l of the Land Revenue Code. 128 (4) This sectiou and sections 2, 34, n1 36 shall coune into iore at once aud the rest of this Act shall come into force in respect of any inam village, or ninor inam in an unalienated village, on si date as the Government may by notifiontion appoint. 2. Defnitions.-In this Act, unless there is anything repugaant i. the subject or context, (1) all words and expressions defined in the Lnd Revenue Code shall have the same respective meanings as in that Code with tha nodifications, made by this Act: (2) date of vesting " in relation to an inam means, the date appointed by a notification issued under sub-section (4) of section to be the date on which the provisions of this Act (other than soctions 2, 24, and 36) shall come into force in such inam: (3) Deputy Commissioner includes any officer, not below the rank of aD eputy Commissioner authorised by the Goverament br notification to exercise the powers of a Deputy Commissioner under this Act; (4) " Government" means the State Government (5) c inam" includes an inam village and a minor inam; (6) " inamdar " means a religious or chritable institution owning an inam; (7) inam village" means an alienated village whether Sarva manya or Jodi or a portion of such village ; Ezplanation.--In respect of the Sringeri Jahgir, inan village means the group of inam villages specified in the Schedule to the Sringeri Jahgir Inam Settlement Act, 1897: (8) kndim tenant" means a tenant as defned in section 84 of the Land Revenue Code; (9) Land Revenue Cole " means the Mysore Land Reveut Code, 1888; (10) )inor inam means an alienated holding other than inam village, situated in an alienated village or in an unaliented village; (11) " notification Gazette ; " neans a notification published in the Mysor (12) permanent tenant" 8ection 79 of the Land Revenu m e e o an d s e a or p o e t r h 's e o r n w i w w se h h o o i s e e n it t h it e le r d unde' 129 respect of any land used for agricultural purposes, t t h en e a d n u c r y a i t n io o n f t o h f e in w a h n ic d h ar is ; bu c0 t, - e w xt h e e n r s e i v th e e i w na it m h da t r h i e s a d n ú i r n a s t t i i o t n u tio o n f o the f r t e e li n g u io r u e s w m or a sh in ip t , a i s n h in al g l , t n h o e t i i n n s c t l i u t d u e t io a n a p s e r a s on p u r j e a n ri d , e a r r i c n h g a k re o li r g io th u e s o s b e o o r m l v d i e p c r e r o i i s n f e m . d a i o O n s n r i e t m y h i e o la r i r n i n a o m k ff i i n c o d e f , t s o a u n c t d h h a e t i n n in j s o s t y i t t i i u t n u t g i t o io n t n h , e i w n i r b t e h e s o n p u e e t i c ts t p ay o o f i f n s g u a c n h r y e l n a l t a n n d a d s ; suchi n prescribed by rules made by the Govern prescribed" means (13) Act. uuder this ment CHAPTER IESE) OE CoNSEQUENCES. VESTING OF INAM IN STATE AND ITS 3. Consequences of the ves s t u in b g - se o c f t ion an ( 4) i n o a f m s ec i t n io n th l e i n r S e ta s t p e e , ct 1) When the notification u pu n b d l e i r s hed in the Mysore Gazette, then, of any inam has been contained in any contract, grant or other n i e n f o f s e t t c w r t u i m t o b n e s n ta t n a d o n i r d n i g n f r a a o n n m y y t h t o i h n t e h g e d r at l e a w o f f o v r e t s h f t e i o n l g l t o , i w m a i e n n g d b e c s i o n a g n v s e e i q n u as e f o n o r c c t e e h s , e r s w w h i i a s t l h e l provided in this Aet, the expressly ensue, namely: alienated (a) th h e o p ld ro in v g is s i on s s h a o l f l t b h e e d L e a e n m d e d R e t v o en h u a e v e C o b d e e e r n e l p a r r e t o i p n v e g i a s l i e t o o d n s in o f t h t e h i e r inam; and ihe appiication to the applicable enactments Lan u d n al R ie e n v a e t n e u d e vi C ll o a d g e e s a n s d h al a l l a l pp o ly th e to r the said inam; to including (b) all rights, title and interest vesti c n u g l t i i n v a t t h e e d i la n n a d m s, d a u r n cultivated communal lands, f t a l o h a n r n o d e d s s i e s t r s , r i , n i w g m a a a b h i t l n s e l i o o e th s l n u e a t r w e n l d o a y s r k s m e i s n , s i s n e f e t i d h s r a h e l e o s r , r q i S e n u t s a o a r t t a e , r i n e w d s o , a f f r s e i t r M v e r e ie y l r a s s s , n o a d r s n e s h d , , a s l p f l t r a r c e e s e e a t a u m s r f e r e s o , a m l t a n a n d n d a k b s l e s , vested encumbrances; (c) the o th in e a r md th ar a n sh th a e ll ce in a t s e e r e t s o t s h e a x v p e re a s n s y ly in sa te v r e e d s t b in y o th r e u i n n d a e n r provisions of this Act; the (0) all a cc r r e u n i t n s g an i d n l r a e n sp d e c r t e ve o n f u e l an in d c s l u c d o in m g p r c is e e s d se s in a nd s uc r h o ya in lt a ie m s on or after the date of vesting shall be payable to the State and not to the inamdar and any payment made in contrl vention of this clause shall not be valid: Act 55 130 (e) all arrears of revenue, whether as jodi or quit-Tent andos Temaining lawfully due on the date of vesstt ing in Yespec of any such inam shall after such date continue to recoverable fron the inamdar by whom they were payablb.e and inay, without prejudice to any other mode of recoVery be realised by the deduction of the amount of such arrears and cesses from the compensation money payable to such inamdar under this Act; shall be liable to attachment in execution () no such inam decree or other process of any court and of auy any attachment existing on the date of vesting or any order for attachment passed before such date in respect of suca inam, shall, cease to be in force; (9) the Government may, after removing any obstruction tho may be offered, forthwith take possession of the ina and all accounts, registers, pattas, mutehalikas, maps, plans and other documents relating to the inam which tha Government may require for the administration thereof : Provided that the Government shall not dispossess any person of any land in respect of which they consider that he is prina facie entitled to be registered as the occupant ; () the inamdar whose rights have vested in the State of Mysore under clause (b) shall be entitled only to compensation from the Government as provided in this Act; (i) the relationship of landlord and tenant shall, as between the inamdar and a kadim tenant or a permanent tenant or any other tenant, be extinguished; () the relationship of superior holder and inferior holder shall, &s between the inamdar and the holder of a minor inan, be extinguished; (2) kadim tenants, pernnanent tenants and other tenants in the inao and persons holding under them and holders of minor inam: shall, as against the Government, be entitled only to such rights and privileges and be subject to such conditions as are provided for by a under this Act; and any other rights and privileges which may bare accrued to them in the ina1 before the date of vesting aga1nst inamdar shall cease and determine and shall not be enforceabe against the Government or such inamdar. (2) Nothing contained in sub-section (1) shall operate as bart ot h recovery by the inamdar of any sum which becomes due tob Lefore the date of vesting by virtue of his rights as inanmdar anda u' euch sun shall be recoverable by hin by any process of law whie but for this Act would be avilable to him, 131 Kadim tenants to be registered as occupants of their 4. kadim tenant of the inamdar holdings. shall, date of vesting, be entitled to be registered w ith effect on and from allJ ands which immediately as an occupant spect o f before the in included in his holaing. date of vesting, pperly were Nothing in this Act shall affect any right created nt in any land included in his holding. by the kadim 5 Permanent tenants to be registered b o e n rm d a ik ne i n o t n s-(1) Subject to the provisions o aa f ss s oo u cc b cc - uu se pp c aa t nn io ttss n on certain Fate of ves t t e in n g a , n t b e o f e th n e ti t i l n e a d m dar shall, with effect on and ( 2 f ) ro , m e v t e h r e y S ef p o e re c t th o e f a d ll a t l e a n o d f s v o e f s t w in h g i ch he to w a b s e a r p e e g r i m ste a r n e e d n t a t s e n a a n n t o im cc m up ed an ia t t el i y n : Provided s D h y a ll l a e n x d c e b p y t t h w a a h n t e r n i e n o a t p m h e e d r s a o D r n e o p w n u h t o y o r h as a ft b e e r e n t h a e d m fi i r t s t t e d d a in y t o o f po J s u se ly ss , i 1 o 9 n 4 8 o , f Commissioner of all the circumstances after an examination otherwise airects, aS an occupant in respect be entitled to be registered of such land. (2) In addition O e a 1 n a y n d, lan p d e r u m n a d n e t e r o n t s t u h t b e e n - s a a e n n c t t n io u e n a n l t i l t a l n ed d t r o e v b e e n r u e e g i p st a e y r a e b d l e a s i n a n r e o s c p c e u c p t an o t f Bovernment, as prenium for ac(1q)u, isisthioanll obf e owlinaebrlseh ip to of p t a h y a t to l an th d e , au a p m re o m u i n u t m e qual to twenty times such land revenue. The amount along with th s e ha ll be payable in not more than ten annual instalments the amount annualI land revenue and in default of such payment, on the land due shall be recoverable as an arrear of land revenue due in respect of which it is payable. O Other tenants to be tenants under Government. --Every tensnt he inamdar other than a kadin tenant or a permanent tenant Suall, with eftect on and from the date of vesting, and subject to the Drovision8 of Chspter IV, be entitled to be continued as a tenant under the Government in respect of land of which he was a tenaut Under the inamdar immediately before the date of vesting: Provided that nothing in this seotion shall, where the inamdar L8 an institution of religious worship, pply to a person rendering a r a r e r n e l c y i n h g t i a l o a a k u n s s d o s r u s c e c t o h r h m v o i p i c h n r e o i s l u e d i d o n o n , r e in o y o f r t h or m o s i i i u n n m i a n u i k l m t i a a n r i d o n o f i f n s t i o g u c c e t h t h a h n a i e d u t s i i t o n n it n s s u t t jo i t i i t t y o u u i u t t n i i , o g o n n w t h i i e a t n h s o b r u e e t s n p e p p e t a u o it y t j s a i n r o o g i f f , such land. 9 132 7. Lands and buildings to vest in the holder of a minor inam m e a (1 n t i e ) t n l i y o S tl r u e b d b i e n j f e t o a o c r m e t b e t s t o h h r e e a g l t l d h i , s e a t w t e e p r i e r t o h o d v f i a e v s s f i e f o e a s n c t n i s t n g o o o n c f c w u s a e u p n re b a d n - i s t n f e r c c o o l t u m f io d n a e l t d l h ( 8 e l i a n ) n d d e h a v s i t e s e r w y o h f h o i h l c d v o h i e i n d s i g t m e in r m o g o t e h f d e : . r . than () - co b m ed m s, u n m al i n l e a s n , q d u s a , w rri a e s s t , e ri l v an er d s s , , g s o tr m ea a m l l s a , n t d a s n , k fo s r a e n st d la ir n ri d g s a , t t i a o n n k Works ; (i) l r a e n g d is s t e i r n e d re u s n p d e e c r t o s f e ct w io h n i ch 4 a o n r y 5 p ; e rs o o r n is is e e n n ti t t i l t e le d d t t o o b b e e continued as a tenant under section 6; and (i0i) a la n n y d p s e u rs p o o n n o w th h e ic r h t h h a a n v t e h e b e h e o n l d e e r r e o c f t e t d h e b m ui i ld n i o n r g i s n an o m w , a ed by sub-section (3) every building provisiors of i s m itu m a e te d s d i h a ( a 2 te l ) w l l , S y i u t w h b b i i n j t e e h t f c h o t e r e e f t f o e l t i c h m t t h e i e o t d s n a o te a f n o t d h f e f v r o m e m s i t n in o s g u r c b i h n y a d t m h a e t e a , n h v d o e l w d st e h r i i n c o h t f h w e th a h e s o l o d m w e i n r n e o o d r f inam, the ninor inam. contained in any law for the time be ( i 3 ng ) N in o f tw or i c t e h , st t a h n e d h in o g l b d u e i a r l n d o y i f n t a g h i m n ve g i s n t o in r g i n in am h i s n h a u l n l d n e o r t b s e u b- e s n e t c i t t i l o ed n ( t 1 o ) a o li r e n (2 a ) t , e e t x h c e e p la t n b d y o w r a t y h 9 o f lease for a term not exceeding fire years : sub-section shall apply to an ali P en ro a v ti i o d n e d ef t f h e a ct t e d n w oth it i h n g th in e t p h r i e s v ious sanction of the prescribed autherity. inamdar.-(1) Subject to tbe 8. Lands an su d b - b s u e i c ld ti i o n n gs t ( o 8 ) v e es v t e r i y n th in e a mdar shall, with effect O o c n o u a p n a d n t provisions of iron the date of vesting, be entitled to be registered as an of all lands other than- () comuunal lards, waste lands, gonal lands, forest lan ir d r s ig , a ta t u io n tanks and beds, mines, quarries, rivers, streams, works; regis. (i) lands in respect of which a a n D y y ppeer rson is entitled to C b o e n tinue tered under section 4, 5 or 7; or is entitled to be as a tenant under section 6; and owned (i) lands upon which have been erected buildings 2hy person other than the inamdar. buildins (2) Subjet to the proviaions of sub-section (3) eivmermy ediatel sit uated within the limits of the inan which was owned l33 fore the date of vesting by the inamdar shall, with offect on and iroua such date, vest in the inamdar. Erplanation.--In this section "inamdar" dher tban a holder of a minor inam referred to in m s e o a c n ti s o n a n 6 , inandar 3) Notwithstanding b or e i b ng u i i l n d in fo g rc v e e , st t e h d e i i n n a h m im d a a n r u y n s t d h h e i a n r l g l s u n b c o - o t s n b e t e c a t i e i n o n e n t d i t le i d n t a o n y a li l e aw na t f e o r t t h h e e t l i a m nd e of al ease for a term not exceeding (1) or (2), except by way five years: Provided that nothing in this sub-section u al t i h en o a ri ti t o y n . effected with the previous sanction sh o a f l l th a e p ply p res to c rib an e y d 9. Determination of claims for registration continuation of occupancy of tenancy. The and Deputy Commissioner uaat n , a a tu r p e e a r n m d ane h n is t t ory of all lands in respect of w s h h ic a h ll e a x k am ad in in e IDAmdar claims to be tenant, the holder of a minor inam, or an aud 8, as the registered as occupant under sections 4, 5, o l i a i w m h s i ch to l b a e n d c s o n th ti c n e a u s e e c d l a im a m s s a y t s e h n b o a e u n , l t d o u r b n e d i e a n r l lo r s e w e s c p e t d e io . c n t 6 o , f an w d h i d c e h c id a e n y in r p es e p rs e o ct n 10. Liability whether to pay land revenue to Government.-(1) a kadim Every person tenant, an inamdar a perinanent tenant, the holder of a minor W U I C th u G pa e o n f t t v e e ct r u n n m d o e e n n r t s a e n a c s d t l i a o fn n r w od s m h o 4 r , etv 5 h b e , e e n c 7 u o e d m , a a n t e e s d o e 8 f n i v t n i e tl s e r t e i d n s p g e , t o c t be b o e f li r a a e n b g y le i s t l e a t r o n e d d p a s a y h s a a l t n l o , ía) in the casc has been of an inam village to which survey and settlement introduced Code, tho amount equunald teor sthecet iloann d1 1r3e vofe uthee aSLseasnSdm eRnet vierneude 9n such land during such survey and settlenent; bas case of an ina) village to which survey and settlement not been Ilevenue Code, thinet raondoucuendt euqnudaelr t os ethctei olanu dl 1r3ev eonf uteh e aLssaesnSd- luent levied alienated voinll atgh0e. sume extent of siwilar land in an &djoioing Couunisaioner shall, after sucth enquiry, as he determine tho lud rovenue payable under olause of certain buildings situated in an inam.---Every buildings which vest under sections 134 7 and 8 situated within the limits of an inam shall, wit eftect on and froun the date of vesting, vest in the person who owDe it immediately before that date. 12. Right to agricultural land used for non-agricultural purposes. Where any land used for agricul tural purposes has been eouvertad for any purpose unconnected with agriculture, the holder of such land shall be entitled to keep the land provided that such conversiOn was not void or illegal under any law inf orce at the time. 13. Saving of rights in certain cases.-(1) Where before the date of vesting, an inamdar has created any right in any land wbcn vests in the State, other than land registered under section I or o (whether by way of lease or otherwise) including rights in any forest, mines or minerals, quarries, fisheries or ferries, the transactions shal be deemed to be valid and all rights and obligations arising thereunder, on enforceable or after the date of vesting, shall be by or against tbe Government : Provided that the transaction was not void or illegal under a law in force at the time : Provided also that where such right Was created in any land, unless it relates to land registered under section 7 or 8 the Government may, if, in their opinion, it is in the public interest to do so, by notice given to tbe person COncerned, terminate ther ight with effect from such date as may be specified in the notice, not being carlier than three months from the date thereoi. (2) The person fr m o e m nt th u e n de G r t o h v e er n f m or e w e n g h t o o s i e e n q g u r i a g pl h r o t t voi s h o a t s ,h e b ee e n s ti t m er a m ted in a n t e e t d in b c y o Cm t O h em e pt eo G n o ss v aut e ic r o l h - n shall be entitled to person fron the land for the unexpired portion of the periodt or which the rigbt of the case. was created haviug Circumstences regard to all the UHAPTER III, DeTENM|N ATION AND 14. Compensation PAYMENT OF CoMPENSATION. nr eie:t how provisions of au ioan determined.The Pyabl' aball of this Chapter. be dotermined Compensution Iw p it h the' in 15. lccordance Compensation competnlion aliall to be determined BODrately be dotornied for the inam whole.--The' lor erh ot he interests for tlhe inunm as a not thereu n8 whole. and l35 16. Basic annual sum,A sum called the basic annual sum shall irst be determined in respect of the inam. 17. Component parts of basic annual sum of an inam,-(1) T sp h e e c i b fi a e s d i c be a l n o n w u , a le l s s s u m th e o f d a e n d u i c n t a io m n s s s h p a e l c l i b fi e e d t h i e n s a e g c g t r io eg n a t 1 e 8 of : - the sums inamdar ( d ) u t r h in e g w a h o p l e e r i o o f d t o h f e fi a v v e e ra y g e e a rs n e im t a m n e n d u i a a l t e i l n y c ome derived by the r o e f g v i e st s e t r i e n d g u fr n o d m e r l s a e n c d t s io i n n s r 4 e , s p 5 e a ct n d of 7 w : hich any perso p n re is c e e d n i t n it g l e t d h e to d a b t e e inamda ( r 2 2 d ) u t r h in e g w a h o p l e e r io of d th of e f a iv v e e r y a e g a e r s n e im t a m n e n d u i a a l t el in y c omne derived by the o i f s v e e n s ti ti t n le g d f to ro m be l r a e n g d is s t e o r t e h d e r than lands in respect of p w re h c i e ch d in an g y th p e e r d sO at n e under sections 4, 5, 7 and 8: Provided that (a) the income from sandalwood c t D h o e ro m d p r u i c e g e te h s n t h t a a t l h l u e t n h r o e o t t r o i b t e y w ; i n as c lud ex ed p re in s s t l h y e a co n n n f u e o a r r l r e a i d n n c y o o n m o t e h t h e fr r e o m r i e n s f e a o r r n v e e d s d t a s r u f n b o y l r e e s s s a t o & s le f u C a c t s h h O e e s m m L s p i ( h n e a b t a e n ) e l r d n l t a t h n l s R e a o u e t v t o i h b e n r e o n c r m u o i i n e m t i y c n e l C e u a s o d n f d e r d w e d o ; m a s i s u n c e h r t x o h p y r e r i a e g a l s h t n s y t l n y w u o a a n c l s o n r i m e n f c e c i o r n o r g e m e r n d a e i s l o s e u n d n o l u e r t h s n s e d f e ro r t i h n m s e a e m c ri m t d g io a i h n n r t i n 3 b t g y 8 o i in n c a o m m d e a ( r c u ) b n y le t h s a e s c t i o h n m e c o p r m i e g e te h n t f r t o t m a o u s t f u h e c o r h r r i i e t f s y e . r s r h ie a s l l w n a o s t e b x e p i r n e c s l s u l d y ed g r i a n n t t e h d e a t n o n u th a e l annual i ( n 2 c ) o W m h e e u re n d th er e c p l a a r u t s ic e u ( la i) rs o n f e c s e u s b s - a s r e y c t t i o o n c o (1 m ) pute the average net |for the full period or where the particulars available a a r p e p e n ar o t i n a D v i a a i t l e a r b ia le l respects to be incorrect, the computation may be made in such nanner as may be prescribed. (8) The provisions of sub-section (1) shall, in their application 0 a minor inam, be subject to the modification that in clause () and b C e l a o u m se it ( t i e i) d , . the reference to section 7 and section 8, respectively, shall l8. Jodi, etc., to be deducted.-From the aggregate of the suns referred to in clauses () and( ) of sub-section (1) of section 17, ascertained as aforosaid, there shall be deducted- (a) the whole of the jodi, quit-rent or otber amouut, if aoy, of ike naturo, payable anuually by the inamdar; 186 (0) the annual remuneration payable to village offhcers scales prescribed by the Governnent by or under the Mysore Ofices Act, 1908, yhere such officers were emnployed Nlagg by the jnanmdar:; (C) the average annual cost of maintenance of irrigation incurred works by the inamdar during the period of ive years immediately preceding the date of vesting ; (d) thea verage annualc ost of managemeat of the inams :. inam 0nourred by the inandar during the period of five years immediately preceding the date of vesting. 19. Payment of compensation.-() Tbe Governnent shall to the inamdar every yeâr so long as the institution exists pay aS COmpen- sation for all the rights of the inamdar vesting in the State of \M under this Act, the basic annual sum as a tasdik allowance. (2) The sum payable under snb-section (1) may be paid in sul. form and maner, and at such time or times, and in one or ma instalmentss as-tay be prescribed. 20. Interim payment,--(1) After the date of vesting and before the sums payable tot he inamdar concerned have been finally deter. nined under sub-section (1) of section 19, the Government shall par to the inamdar (a) in respect of the revenue year in which the notiication under sub-section (4) of section 1 in respect of the inam concerned is published in the Mysore Gazette, such sum as they may, on an approximate calculation, determine to be payable to the inamdar under sub-section (1) of section 19, less the rents, if any, collected betore the date of vesting by the inamdar from the kadim tenants and permanent tenants in respect of that revenue year ; (6) in respect of each subsequent revenue year, the sum deteruined under clause (a), unless data for the better calculation thereof bave since become available, in which case, the sunt o be pad shall be revised by the Government with reference to such data. (2) After the sum payable to the inamdar under sub-section () of section 19, has been finally determined, all interim payments made to the inaundar under sub-section (1) of this section togete witlh the rent, if any, collected by the inamdar before the dte u vesting, shall be adjusted towards the sum so determined; and deficiency shall be made good tot he inamdar by the Governmenr r inandar Aiy exCeSs shall be deducted rom the sun payable to the by the Govment in auy subsequent revenuo yerr or years. 137 Commissioner Deputy to determine 21. basic annual sum,-(1) Commissioner shall determine The in accordance g D o e in p g ut p y r ovViSionst he basic annual sum in respect of tlhe iwniathm .t he fore- (2) Any inamdar or other person interested t C in o e m a u s m is m sio a n y e r b m e ay p i r n es cr h ib is ed d is o c r re s ti u o c n h a f l u lo rt w he , r a p t p i l m y e in m a s a w y r t i h w ti e n i t g h i D n e s p u u c ty h Deputy Conmissioner for a copy of the data on the basis of t w o h t i h c e h be proposes to determine the basic annual sum. (3) On the receipt of such application, the Deputy Coumissioner shall furnish the data aforesaid to the applicant; and shall also before passing any order under sub-section (1), give the applicant reasonable opportunity of making his representation in regard thereto, in writing or orally. (4) A copy of every order pa ssed under sub-section (1) shall be communicated to every inamdar concerned, and also to every spplicant under sub-section (2). CHAPTER ER) PrOVISIONS APPLICABLE TO TENANTS UNDER GoVERNMENT. 22. Application of this Chapter.--The provisions of this Chapter shall apply to the tenants continued under section 6. 23. Rent.-Every tenant shall pay to the Govern1ment the rent which was being paid by hin to the inamdar imnediately before the date of vesting : Provided that such rent shall in no case exceed the naximum rent fixed under the Mysore Tenancy Act, 1952. 24. Continuation of tenancy on the death of a ten¡nt.-If a tenant dies, the Government shall continue the tenancy on the same term_ and conditions on which sucb tenant was holding it at the time of his death in favour of the heir or heirs of the deceased tenant unless Such heir or heirs do not agree to continue the tenancy on the same terms and conditions on which the deceased tenant was holding the land: Provided that such heir or heirs pay or underake to pay the arrears of rcnt duc. 138 Explanation.--For the purposes of this section, an heir means auy one of the following relatives of the deceased tenant: (2) father (a) son (i) daughter's daughter (b) son's son (i) brother (c) son's son's son (k) sister (d) widow (e) daughter () brother's son (m) sister's son ) daughter's son (g) motber Provided that where the deceased tenant is survived by more relatives than one, the relative specified earlier in the order set out above slhall exclude all others coming after him: Provided further that in any case in which the tenant was a manager of a joint hindu family the person wh0 succeeds as tbe manager of such family shall be deemed to be the heir. 25. Termination of the tenancy.--(1) The tenancy of any land beld by a tenant shall not be terminated unless such tenant (i) has failed to pay the rent of such land for any year; (ii) bas done any act which is destructive or permaneutly injurious to the land; (ii) bas failed to cultivate the land; (iv) has left the land fallow; or (v) has used such land for a purpose other than agriculture. (2) No sub-letting of the land or assignment of any interest held by a tenant shall be valid. Such sub-letting or assignment shal! terminate the tenancy : Provided that nothing in this sub-section shall apply to sub letting of any land held by a tenant who is a widow or a minor 0' who is subject to physical or nmental disability. 26. Procedure for eviction and recovery of rent.-(1) If the ABsistant Cowmisioner, after giving an opportunity to the tenaD show cause why an eviction order should not be made against hiid; is satisied that the tenant is liable to eviotion under the provis1ons of section 25, he may by order in writing, served on the tenadl direct him to quit the land within one mouth fronm the date of the service of the order : Provided that wherc a tenant is liable to be evicted for failure to pay tlhe rent, the Assistant Commissioner ay, bofore directip; 139 such land, grant reasonable tbe time not exceeding hed eems it, for payment of tlhe rent in arrears. one refuses any persOn or fails t0 comply rs ub-section( 1), the Amildar may evict that perswonit h fr a o n m , or a d n e d r possessiono f, t he land and may for that purpose necessaIy. use such force Auy person aggrieved by an order (3) under sub-section ritb w in o r i n tin e g m t o on t t h h e fro D m e p t u h t e y d C a o te m m of is s s e i r o v n i e c r e of the order preier (1 an ) rar | e i p n o rtf rom the Amildar and after affording w h0 may aiter calling appellantt o be heard pass such orders thereon an as o he p p th o i r n tu k n s ity it . t o (4) Any arrears of rent due from a tenant shall be recoverable ANTeaI'So fJ and revenue. o Tenant when to be registered as 0ccupant.-A sywentt ot he Government of an amount equal to twenty t - e fi n v a e n t, on difference between the reasonable times S b c C e h l r l a i a l b n i n e n d d d s a t a a h n u e l d m l t d h s e o u n r b c t i y s h t y a h . a n i m m d o o u a n s n t a o s r t h e b a n e l a f l o n r t b e e s s h u p a r c a e l h y n l a t d b b l a a e e n t e d r s e i n g a t i h s s t e e n m o r t e l a a d y n m b a d e s o re f o r i e x c v e t c h e d u n a p b u n a y e n t t t h e o e n o f f Ezplanation,-In this section reasonable rent' means the rent Merined by the presoribed authority having regard to the factors apited in sub-section (3) of section 12 of the Mysore Tenancy Act, 952. CHAPTER V. MIsCELLANEOUS. 28. Conferment of rights in certain lands on inamdar.-(1) The Bovernment may, having regard to the benefits derived by the inandar iefore the date of vesting froun lands referred to in clause (¿) of sub astion (1) of section 7 or clause (i) of sub-section (1) of section 8 rhich vest in the Government, and subject to such conditions and restrictions, as may be necessary, conter by order such rights in such lands as they may deem fit : Provided that ther ights so conferred shall not affect the rights DI any other person in such lands. (2) Wherc rights in any land are conferred on an inamdar under sub-section (1), the Government may determine such sum as 140 reasonable annual they way consider to be fair an d d ed ucted from the tasd v i a k lu e of rights, and such sum shall be inamdar. alowang payable under section 19 tos uch to2 t9h.e pArepspceriabl e f d r om au t o h r o de ri r t s y u .- n ( d 1 e ) r s A ec n t y io n p e 9 rs , o 1 n 0, a 2 gg 1 r o ie r v 2 e 6 d a b n y d a re fe d r e e c n is c i e oN of the Deputy Commissioner under section 9, 10, 21 Or 26 may, witbin thirty days from the date of the decision, or such further time as the prescribed authority may d fo e r c s is u io fi n c i s e h n a t l l c b a e u f s i e n a a l, l low, appeal to autbority and its prescribed whether any building (2) If any question arises Jand ial within the scope of sub-section (2) of section 7 or sub-sectio (2) dl section 8 or section 11 it shall be referred to the prescribed authontg decision shall be final. whose Commissioner.-(1) The Deputy Com 30. Enguiries by the Deputy authorise no w t is b s e io lo n w er th m e a y ra , n b k y o f g an en A er m al i ld o a r r s s p u e b c o ia r l d in o a rd te e r, t oh im to hold a n e y n gn o i f v ic i e n on bis behalf, under this Act. Co ( m 2) m I i n ss io re n s e p r ec o t r o a f n y e ve o r f y fi ce e r n q a u u i t r h y o r u is n e d d e r un th d i e s r A su ct b -s b e y c ti t o h n e ( D 1 e ) p , u th ty e provisions of the Land Revenue Code, relating to formal enquiry shall apply as if such enquiry is a formal enquiry under the said Code. 31. Fee payable ona pplications, petitions, etc.,u nder the Act.-Notwith. standing anything contained in the Mysore Court-fees Act, 1900, or any other law for the time being in force, the fees payable on any application, memorandun of appeal or petition under this Act or rules 1nade thereunder shall be such as may be prescribed. 32. Jurisdiction of courts barred in certain cases.--(1 ) No suit, pros cution or other proceeding shall lie against the Government for r a u u l e act done Or purporting to be done under this Act or any thereunder. agains shall lie (2) (a) No suit, prosecution or other proceeding pur. done or any officer or servant of the Government for any act without thereunder porting to be done under this Act or any rule the previous sanction of the Government. res- liable in (b) No officer or servant of the Government shall be the a ct if pect of any such act in any civil or criminal proceedin8) duties was done in go0d faith in the course of the OxeCution of the or the discharge of the functions, imposcd by Or under this Act. 141 prosecution 1(33)) No suit, or other proceeding shall be instituted p g u a r i p n o s r t t a in n g y t o of b fi e ce d r o O n r e s u e n rv d a e n r t th o i f s th A e ct G o o r v a e n rn y m e ru n l t e fo m r a a d n e y t a h c e t re d u o n n d e e r o , r r the expiry of siX months frøm the date of the act complained of. Repeal of Mysore Act XIX of 1950.--With he date of vesting, the Mysore Alienated Villag e e ff s e ct ( P o ro n t a e n c d ti on fr om of Tenants and Miscellaneous Provisions) Act, 1950, shall be deemed have been repealed in its application to the inan village Oncerned. co 3 n 4 d . it P io o n w o e f r t p o r e m v a io k u e s r u p l u e b s l ,- ic -( a 1 ti ) o n T , he Govern ment may, subject to the poses of this Act. make rules to carry out the pur (2) In particular and without prejudice to the generality of the toregoing provision, such rules may provide for- (a) all matters expressly required or allowed by this Act to be prescribed: (0) the procedure tob e follo wed by the Deputy Commissioner, authorities and officers appointed, or having jurisdiction under this Act ; \C) the tine within which applications and appeals may be present ed under this Act, in cases for which no specific provision in that behalf is nade herein; (4) the application of the provisions of the Code of Civil Procedure, 1908, and the Indian Limitation Act, 1908, to applications, ppeals and proceedings under this Act. (8) All rules made under this section shall be published in the Mysore Gazette and on such publication shall bave effect as if nacted in this Act. (4) All rules made under this Act shall be laid for not less than even days before the Stute ILegislature as s00n as possible after they ure nado and shall be subject to such modifications as both Houses of uhe Legislature may make during the session in which they are so laid. 35. Penalties. -(1) If nny person wilfully fails or neglects to comply with any lawíul order passed under this Act or contravenes any such order or offers resistance or obstruotion to the taking by the Deputy Commissioner of charge or possessiou of any property wrhich 142 has vested in the State under this Act or furnishes intormatio which he knows or has roason to believe to be false or does not to be true, he shall, on conviction by a magistrate, believe be punishable with imprisonment which may extend to three months or with which may extend to two hundred rupees or with both. fn (2) No prosecution under sub-section (1) shall be instituteal except with the previous sanction of the Deputy Commissioner o the District. 36. Power to remove dificultiesIf any ditioulty arises in pivin effect to the provisions of this Act, the Government may, as occasion nay require, do anything which appears to them necessary for the purpose of removing the difficulty.