Section 3 in Karnataka(Belgaum and Gulbarga Areas) Religious and Charitable Inams Abolition Act, 1973
3. Abolition, vesting of inams and the consequence thereof.
(1)Notwithstanding anything contained in any contract, grant or other instrument or in any other law for the time being in force, with effect from and on the appointed date all religious or charitable inams in the [Belgaum and Gulbarga Areas] [Substituted by Act 53 of 1976 w.e.f. 18.8.1976.] of the State shall stand abolished.(2)Save as otherwise expressly provided in this Act, with effect from and on the essly provided(b)all rights, title and interest vesting in the inamdar including those in all communal lands, cultivated lands, un-cultivated lands, whether assessed or not, waste lands, pasture lands, forests, mines and minerals, quarries rivers and streams, tanks and irrigation works, fisheries, and ferries shall cease and be vested absolutely in the State Government, free from all encumbrances;(c)the inamdar shall cease to have any interest in the inam other than interests expressly saved by or under the provisions of this Act;(d)all rents and land revenue including cesses and royalties accruing in respect of lands comprised in such inam on or after the appointed date shall be paid to the State Government and not to the inamadar and any payment made in contravention of this clause shall not be valid;(e)all arrears of land revenue, whether as jodi or quit rent and cesses remaining lawfully due on the appointed date in respect of any such inam shall after such date, continue to be recoverable from the inamadar by whom they were payable and may, without prejudice to any other mode of recovery, be realised by the deduction of the amount of such arrears and cesses from the amount payable to such inamdar under this Act;(f)no such inam shall be liable to attachment in execution of any decree or other process of any court and any attachment existing on the date of vesting or any order for attachment passed before such date inrespect of such inams shall cease to be in force;(g)the State Government may, after removing any obstruction that may be offered, forthwith take possession of the inam and all accounts, registers, pattas, muchlikas, maps, plans and other documents relating to the inam which the State Government may require for the administration thereof:Provided that the State Government shall not dispossess any person who is personally cultivating land in the inam until the Deputy Commissioner or the [Karnataka] [Substituted by Act 53 of 1976 w.e.f. 18.8.1976.] Revenue Appellate Tribunal on appeal, if any, decide that such person is not actually entitled to be registered as the occupant or to be continued as a tenant under the provisions of this Act.Explanation. - For the purpose of this proviso, a person shall be deemed to be personally cultivating any land when he contributes his own physical labour or that of the members of his family in the cultivation of that land;(h)the inamdar whose rights have vested in the State Government under clause (b) shall be entitled only to such amount from the State Government as provided in this Act;(i)the relationship of landlord and tenant shall as between the inamdar and tenant, whether permanent, protected or otherwise, be extinguished;(j)the relationship of a superior holder and an inferior holder shall as between the inamdar and the holder of a minor inam be extinguished;(k)permanent tenants and protected tenants and other tenants in the inam and persons holding under them and holders of minor inams shall, as against the State Government, be entitled only to such rights and privileges and be subject to such conditions as are provided for by or under this Act, and any other rights and privileges which may have accrued to them shall cease and determine and shall not be enforceable against the State Government or such inamdar.(3)Nothing contained in sub-section (1) and sub-section (2) shall operate as a bar to the recovery by the inamdar of any sum which becomes due to him before the date of vesting by virtue of his rights as inamdar and any such sum may be recovered by him by any process of law which, but for this Act, would be available to him.
