Section 9 in Karnataka Village Offices Abolition Act, 1961
9. Relief to holder of a village office
(1)A holder of a village office abolished under this Act, shall be paid in such manner and in such installments as may be prescribed,--(i)in the case of a holder of an inferior village office, an amount equal to the aggregate of the amounts calculated in the manner provided in the following clauses (a), (b) and (c);(ii)in the case of a holder of any other village office, an amount equal to the aggregate of the amounts calculated in the manner provided in the following clauses (a) and (b).--(a)where the full or a portion of the assessment of the land granted or continued in respect of or annexed to, any village office by the State was assigned towards the emoluments of the holder of such officer, six times the amount equal to the difference between the amount of such assessment or portion and the amount of quit rent or jodi, if any payable to the State Government by the holder;(b)six times the amount equal to the annual cash allowance or other annual payment of money (not being the rent of land resumed under clause (b) of Section 12 of the Bombay Hereditary Offices Act, 1874 Bombay Act III of 1874), or a like provision under any existing law relating to village offices) made by the State Government to the holder under the existing law relating to village offices:Provided that where the land granted or continued in respect or annexed to a village office is not less than three acres in extent, the sum payable shall be three times the amount specified in this clause:Provided further that in determining the amount of annual cash allowance or other annual payment of money made by the State Government under this clause, the enhancement in such allowance or money ordered.--(i)in the Mysore Area, excluding the Bellary District, by G.O. No. R. 23--77/L.R. 69--42--17, dated 18th October 1942, G.O. No. R. 3919--4007/L.R. 155--47, dated 24th September 1947 and G.O. No. RDF 111 VOA 57, dated 8th June 1957;(ii)in the Bombay Area, by G.O. No. G.R.R.D. No. 9790/33, dated 24th May 1944, G.R.R.D. No. 5741/45, dated 3rd July 1948 and G.O. R.D. No. RDF 111 VOA 57, dated 8th June 1957;(iii)in the Hyderabad Area, by G.O. No. (2), dated 8th October 1949, G.O. No. 2, dated 22nd December 1949 and G.O. No. RDF 111 VOA 57, dated 8th June 1957;(iv)in the Madras Area and Bellary District, by G.O. No. Mis. 877/Rev., dated 27th April 1945, G.O. No. 2108, dated 27th September 1946, and G.O. No. RDF 111 VOA 57, dated 8th June 1957, --shall be excluded;(c)six times the cash value of the average of the customary fees or prequisites in money or in kind levied or leviable by the holder of the inferior village office under the existing law relating to such office during the three years immediately preceding the appointed date; and such cash value shall be determined in the prescribed manner and shall not exceed the amount which under the existing law could on default of payment in kind, be recovered.Provided that when the land granted or continued in respect of or annexed to the inferior village office is not less than three acres in extent, the sum payable shall be three times the cash value not exceeding the maximum specified in this clause.(2)(i)As soon as may be after the commencement of the Karnataka Village Offices Abolition (Amendment) Act, 1967, the Deputy Commissioner shall determine in accordance with such of the provisions of sub--section (1) as may be applicable to any holder of a village office, the amount payable in respect of the office which has been abolished.(ii)A holder of a village office entitled to payment under sub--section (1) may, within such time as may be prescribed or such further time as the Deputy Commissioner may in his discretion allow, apply in writing to the Deputy Commissioner for a copy of the data on the basis of which he proposes to determine the amount payable under sub--section (1). On receipt of such application, the Deputy Commissioner shall furnish the data aforesaid to the applicant and he shall also before passing any order under clause (i), give the applicant reasonable opportunity of making his representation in regard thereto, in writing or orally.(iii)A copy of every order passed under clause (i) shall be communicated to the holder of the village office concerned.(3)Any person aggrieved by the order of the Deputy Commissioner under sub--section (2) may within sixty days from the date of the order appeal to the Divisional Commissioner and the decision of the Divisional Commissioner on such appeal, shall be final.(4)Notwithstanding anything contained in sub--section (1), a holder of a village office abolished under this Act shall not be entitled to any payment under this section, if he is appointed to any stipendiary post in connection with the affairs of the State of Karnataka.
