Professional Documents
Culture Documents
Registration Act, 190
Registration Act, 190
Registration Act, 190
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 up-
shot 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.
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withdrawn, when the department was reorganised in 1872.
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.
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.
I. All grants of land, either free of tax or subject to Jodi (light assessment) and
whether supported 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
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.
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.
(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.
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 quit-
rent. (Chief Commissioner's Order No. 3964-166, dated 17th October, 1873)
NOTE
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 trans-
action should be ignored and the inam settled as if no such deed were in
existence. The fact, however, should be recorded concisely in column (19) in
each 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 pro-
portionate 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.
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.
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.
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.
XXI. Settlement as regards the right of Government to levy the annual quit-
rent 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.
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.
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).
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 Krishnaraja
Wodayar III support the above view. (Notification NO. si89-9o—Rev. sus, dated
7th January, 1880)
(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
when 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.
(1) The question of converting all land inams into cash was proposed for
consideration at the meeting of Deputy Commissioners and Heads of De-
partments held in October 1926. As the subject was of considerable impor-
tance, 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 Superinten-
dent, 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)
(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.
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
of the Inam Rules. Though they do' not provide any specific period within
which appeals should be preferred against the order of the Inam
Commissioner, 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)
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 acre-
age 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 recoup-
ment 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)
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.
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.