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KODAGI INAMS IN MYSORE (KARNATAKA)

EXTRACTS FROM MYSORE MUZRAI MANUAL
Nature of Kodagi inams.—Kodagi inams are grants of land or of a share of the produce for the upkeep of tanks constructed or restored by private individuals. (Notification No. 180, dated 29th July, 1875)

Obligation of Kodagidars in respect of Kodagi Tanks.—It is hereby notified that under orders received from the Government of India, the obli¬gation imposed on the holders of kodagi inam lands of repairing and main¬taining tanks to which such conditions have been attached, will cease to be enforced and that the inam lands will be confirmed to the existing holders upon terms which will be hereafter signified.

The notification in question refers solely to Kodagi tanks in Government villages; for though in particular instances such as that referred to in this office letter No. 2235-65, dated 25th June, 1874 to the Commissioner, Nundydoorg Division, where the Kodagi inams had been previously resumed by Government, it was ruled by the Chief Commissioner that the Kodagi inams should be transferred to the holders of the villages, with all the obligations incidental to the Kodagi grant, no interference can be exercised in respect of Kodagi tanks situated in inam or Kayamgutta villages, further than that which has been prescribed for the regulation and control of tanks lying in chains Or series. (Notification No. 2727~Rev, 50, dated 22nd June, 1876)

SETTLEMENT OF KODAGI INAMS.—(a) Where the inams consist of grants of land.
(1) Inams granted to private individuals for the "construction and upkeep" of tanks will be enfranchised at one-fourth quit-rent where the Chief Revenue Officer of the district in which such tanks are situated certifies that the conditions of the grants have been fairly observed and that the tanks are now in use. Where such certificate cannot be furnished, inams of this class will be enfranchised at half quit-rent.
(2). Inams granted to private individuals for the "upkeep" of Gov¬ernment tanks will be enfranchised at half quit-rent where a certificate to the effect stated under Clause 1 is granted by the Chief Revenue Officer of the District. Where such certificate cannot be furnished, inams of this class will be confirmed to the present holders on half assessment for their life, and on their death will be brought under full assess¬ment.
(Note.—By "Chief Revenue Officer" is meant the "Deputy Commis¬sioner or the Sub-Divisional Officer".)
(3) Minor inams, as Kerebandi, Kerekolga and others of the same kind granted for the petty repair of the earthwork of tanks, will be confirmed to the present holders on half assessment for their life, and on their death will be brought under full assessment. (Note. This rule does not apply to those cases which have been con¬firmed on a permanent tenure prior to the issue of Notification No. 369, dated 23rd January, 1877.)
(4) Kodagi inams in rent free villages as also in jodi or quit-rent villages, when their upkeep rests with the jodidars, will be con¬firmed on the existing conditions, subject to such regulations for the due and efficient maintenance of such tanks as may be laid down by the Irrigation Department under the authority of the Chief Commissioner.
(5) Inams granted for the construction of tanks by private individu¬als when such tanks were made over to the Government and the upkeep rested with the State will be confirmed to the holders without imposing any additional burden on them; but it will be optional with them to acquire the powers of alienation by pay¬ment of one-eighth quit-rent. When no quit-rent is imposed, the inams will be continued to the holders and their descendants by birth or adoption as laid down in Inam Rule VI, Clause B. (Notifi¬cation No. 9620 R. 43, dated 20th December, 1876)
(6) The combined quit-rent including the former jodi to be imposed under the foregoing rules on Kodagi inams (including Kere¬bandi and Kerekolga) will be credited to the Irrigation Cess Fund of districts, the maintenance of Kodagi tanks having de¬volved on the State.
(7) The above rules shall have retrospective effect from 16th Sep¬tember, 1874. The object of making the rules retrospective was to include in their provisions Kodagi tanks that have been re¬sumed since 16th September, 1874.
(8) No investigation is necessary as regards such Kodagi inams as were resumed prior to 16th September, 1874. As regards inams resumed since that date, the certificate as to condition will not be requisite as the resumption will be can¬celled and the inarns continued to the holders for life on half assessment. The very fact of the inams having been resumed is prima facie proof of the original conditions not having been ful¬filled and no further enquiry under Rules I and II is necessary.
(9) The rules for charging excess in the case of minor inams apply to the Kodagi inams.
(10) Chor and Sthal Kodagi inams, in cases where the Government had accepted the service of the holders, will be enfranchised on the same terms as other Kodagi inams.
(b) Where the inams consist of payments of shares of produce on certain lands.—
(1) In un-surveyed taluks.—The Government Batayi realization on the land in question should be ascertained for an average of the last three years and the value of the inamdar's share should be calculated on the assumption that the Batayi realisations repre¬sented one-fourth of the gross produce.
(2) In surveyed taluks.—The gross produce should be assumed at seven times, the survey assessment of lands (occupied and un- occupied) and the value of the inamdar's share calculated there¬from. (Notification No, 4020— R. 88, dated 20th July, 1877)
(3) After the value of the inamdar's share has been ascertained as above, it may be commuted into a money payment in the first instance under Rule XI of the Rules for the settlement of ready money grants, option being given to the inarndar of applying for a grant of land in lieu under Clause 2 of the said rule. The quit-rent imposed may be either levied from the land or de-ducted from the cash allowance.


REVISION OF KODAGI INAMS.

(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 "construc¬tion and upkeep" and there must be express proof to rebut this presump¬tion. 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 princi¬ples 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 im-pugned, 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.

(4) The present revision must necessarily be restricted to cases to which complaints are brought forward, but any cases not now brought forward owning to ignorance or want of sufficient notice may be received, enquired into and decided, if application for revision is made within a year after the publication of the results of the revision in the cases now pending. (Notifica-tion No. 4704-11-138, dated 29th September, 1888)

(5) Rights and liabilities of Kodagidars after settlement.
The Chief Commissioner observes that the enfranchisement of Kodagi inams releases the Kodagidars not only from their liability for the future repairs but must also, to a certain extent, render void the previous engage¬ments entered into by them in the prospect of their continuing to enjoy the inam lands undisturbed. (Notification No. 2305—Rev. 394, dated 19th August, 1879) The abandonment of Kodagi tank by the Public Works Department does not give any right to the Kodagidars to the stones. Enfranchisement relieves the Kodagidars of their right and liabilities and no reversionary right to the Stones Can be recognised. (Notification No. 9006-13—R.F. 221-92, dated 20th December, 1392)

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CASE LAW ON LAND LAWS

KARNATAKA LAND LAWS