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Section 2: Definitions

The Karnataka (Belgaum and Gulbarga Areas) Religious and Charitable Inams Abolition Act, 1973State Act of Karnataka · Act 26 of 1973

(1) In this Act, unless the context otherwise requires,-

(a) ''the Act'' means the 1[Karnataka]1 Land Revenue Act, 1964 (1[Karnataka]1 Act 12 of 1964);

1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976

(b) ''appointed date'' means the date appointed under sub-section (4) of section 1;

(c) 1[Belgaum and Gulbarga Areas]1 means the areas referred to in clauses (b) and

(c) of sub-section (1) of section 7 of the States Re-organisation Act, 1956 (Central Act 37 of 1956);

1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976 4

(d) ''Deputy Commissioner'' includes any officer not below the rank of an Assistant Commissioner authorised by the State Government by notification published in the official gazette, to exercise the powers of a Deputy Commissioner under this Act;

(e) "inam'' includes an inam village and a minor inam;

(f) ''inamdar'' means a religious or charitable institution owning an inam;

(g) ''inam land'' means land held by or on behalf of a religious or charitable institution as an inam and includes land held as Mashruth-ul-Kidmat Madath-a -Mash and also lands endowed as wakf-e-tamal and Wakf-e-nama;

(h) ''inam village'' means a village or portion of a village or hamlet or khandriga held by or on behalf of a religious or charitable institutions as an inam:

(i) ''land records'' means records maintained under the provisions of or for the purposes of the Act or any other law relevant for the purposes of this Act;

(j) ''minor inam'' means an alienated holding other than an inam village, situated in an alienated village or in an un-alienated village;

(k) "permanent tenant'' means a person who under the Act is entitled to a tenancy in respect of any land used for agricultural purposes, the duration of which is co-extensive with the duration of the tenure of the inamadar, but, where the inamdar is an institution of religious worship shall not include a person rendering religious service in or maintaining the institution as a pujari, archak, mulla, kazi, mutawalli, muthsaddi, priest or holder of a similar office by whatever name called or a person rendering any service in any such institution and enjoying the benefit of any land comprised in the inam of such institution, without paying rent as such in money or in kind to that institution in respect of such land;

(l) ''protected tenant'' means a tenant of any land comprised in an inam if he has held it continuously and cultivated personally for a period of not less than twelve years prior to the appointed date and includes,-

(i) in the 1[Belgaum Area]1 a person who was recognised to be a protected tenant under the Bombay Tenancy and Agricultural Lands Act, 1948, as was in force in that area,

(ii) in the 1[Gulbarga Area]1 a person who was deemed to be a protected tenant under the Hyderabad Tenancy and Agricultural Lands Act, 1950, as was in force in that area,

1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976 prior to the coming into force of the 1[Karnataka]1 Land Reforms Act, 1961 (1[Karnataka]1 Act 10 of 1962), but, where the inamadar is an institution of religious worship shall not include a person rendering religious service in or maintaining the institution as a pujari, archak, mulla, kazi, mutawalli, muthsaddi, priest or the holder of a similar office by whatever name called or a person rendering any service in any such institution and enjoying the benefits of any land comprised in the inam of such institution, without paying rent as such in money or in kind to that institution in respect of such land.

1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976

Explanation.- (1) If the tenant came to hold the land by inheritance or succession from another person or if he has held such land as a tenant and is an heir to such 5 person, the period during which such other person held such land as a tenant shall be included in calculating the period of twelve years under this clause;

(2) If the tenant holding the land held, as a tenant. at any time within the twelve years before the appointed day from the same landlord in the same village any other land which he cultivated personally, the period during which he held such other land shall be included in calculating the period of twelve years under this clause;

(3) Where any land is held by two or more persons jointly as tenants all such persons shall if any one of them cultivated and continues to cultivate such land personally be deemed to be protected tenants in respect of such land;

(4) If a tenant had sub-let a land on account of any temporary disability, he shall be deemed for purposes of his acquiring rights of protected tenant to continue in possession and cultivate the land personally for the period of the sub-lease;

(m) "prescribed'' means prescribed by rules made under this Act:

(n) "religious or charitable inam'' means grant of a village, portion of a village or land with total or partial exemption from the payment of land revenue made to or for the benefit of a religious or charitable institution and entered as a religious or charitable inam (by whatever name called),-

(i) in the 1[Belgaum Area]1, in the alienation register or inams register maintained under the law relating to land revenue; and

(ii) in the 1[Gulbarga Area]1 in the Book of Endowments maintained under the Hyderabad Endowment Regulation, 1958 Fasli or the land records;

1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976

Explanation.-If any question arises whether any grant is a religious or charitable inam, such question shall be referred to the State Government whose decision shall be final.

(2) The words and expressions used, but not defined in this Act, shall have the meanings assigned to them in the Act or the 1[Karnataka]1 Land Reforms Act, 1961 (1[Karnataka]1 Act 10 of 1962).

1. Substituted by Act 53 of 1976 w.e.f. 18.8.1976

CHAPTER II ABOLITION AND VESTING OF INAMS IN THE STATE AND ITS CONSEQUENCES

Where this provision sits

ActThe Karnataka (Belgaum and Gulbarga Areas) Religious and Charitable Inams Abolition Act, 1973
Section2
Marginal noteDefinitions
JurisdictionState of Karnataka
StatusIn force as published by the source

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