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MEANING OF TERMS USED IN KARNATAKA LAND RECORDS


1. Adangal.—The Register showing the area, classification value and assessment of a holding with the name of its holder.

2. Diversion phody.—Cases dealing with conversion of agricultural lands for non-agricultural purpose.

3. Alluvial land.—Land formed by water's action through a
gradual process of accretion.

4. Asmanitari.—These are unregistered or dry lands on which paddy is cultivated. They have no recognised source of irrigation, public or private but are entirely dependent on the rain.

5. Atchkat Bagayat.—Means any garden below a tank, without a right to a direct supply of water therefrom, or. situated within the sphere of influence of the water spread of a tank or on the bank of a river or a halla with certain benefits to such lands by percolation. "Atchkat" implies a station in proximity to a tank or nala or stream containing water or springs for sometime at least after rains cease, so as to allow of adjecent wells, if any deriving some benefit therefrom, such wells must in short be within the sphere of influence of such irrigational sources.

6. Akarband.—A Register showing the area and rate of
assessment of holdings.

7. Abandoned River Bed.—River bed that is abandoned due to change of course of the river.

8. Amrit mahal.—The original name for the Civil veterinary department.

9. Bandharas.—Earthern bunds constructed normally temporarily across the channals for the purpose of diversion of water for irrigation of
lands.

10. Bajra.—A kind of Millet (Sajje).

11. Banjar.—Land which is lying fallow and includes land which its occupant at his own option has allowed to lie waste.

12. Batai.—Rent taken by division of crop.

13. Bigha.—A measure of area. Bigha is three fourth of an acre or 30 guntas.

14. Boundary Mark.—Means any erection, whether of earth, stone or other material and also any hedge, unploughed ridge, or vacant strip of ground, other object, whether natural or artificial set up, employed, or specified by a survey officer, or other Revenue Officer having authority in that behalf, in order to designate the boundary of any division of land.


15. Bane.—Forest land granted for the service of the holding of wet land to which it is allotted, to be held free of revenue by the Cultivator for grazing and to supply leaf manure, firewood and timber required for the agricultural and domestic purposes of the cultivator, so long as he continues in possession of the wet land. Such land was alloted by the Rajas for each warg in blocks varying from a few acres to 300 acres or more in Coorg District. These allotments were recorded in revenue accounts of Rajas' "Sists" under the name "bane". This land may not ordinarily be cultivated, and only the usufruct of the tree growth is allowed.

16. Barike.—Lowlying bane land capable of being brought under rice cultivation is known as Barike but is unassessed until brought under cultivation. Banes and Barikes were only granted in Coorg Proper.

17. Bandh Map.—The length of a boundary of a field between any two adjacent points on the boundary line.

18. Bhudki.—A bhudki is a well or pit sunk near the bed of a river or nala or halla into which water either percolates direct, or is led by means of a channel cut from the stream. It is a hollow pit excavated against the bank of stream from which water can be drawn by hand or by lift or any sort.

19. Bandhpahni,—Inspection of boundary marks.

20. Bagayat Thakta.—A statement showing the particulars of water sources and garden crops raised, prepared at the time of Classification of garden lands.

21. Bechirak.—This word literally means "unlighted or without lights", hence it has come to be associated with the word "uninhabited" when applied to a village.

22. Class of Land.—Dry, Wet, Garden and Plantation lands.

23. Classification Compartment.—The portion of land resulting from the division of a survey number into compartments for the purpose of determining its soil value. This portion or compartment is called Kasti.

24. Classification of Soil.—This is a process by which the value of any piece of land used for agriculture can be determined taking into consideration the natural fertility. This is done for fixing of assessment.

25. Classification Value.—The relative value of soils determined as a result of their classification and expressed in terms of Bhaganas. The soil of 100 per cent value is reckoned to be of 16 annas value.

26. Chakkubandi.—Schedule of boundaries.

27. Classer Register.—Classer Register is a Register showing the survey numbers, sub-divisions the tenure on which they are held, the total area and the nature of the land whether dry crop, wet or garden with the classification valuation per acre of each kind.

28. Darya.—River.

29. Dastur-Ul-Amal.—Hand Book for the guidance of Revenue Officers in carrying out the provisions of the Revenue and Settlement Rules.

30. (a) Dofasla.—Land irrigated in both Abi and Tabi (Double Crop).
(b) Doab.—Country lying between two rivers.

31. Diluvial Land.—means land washed away by the current of a river, stream etc.,

32. Devarkadus.—are sacred forests usually assigned to some particular deity or temple. The right to take firewood for temple worship, materials for constructing pandals and (with special permission) timber for repairing the temple are allowed to the temple authorities and servants, while the villagers generally have the rights to way and water, of grazing, of hunting, especially during the Keil Muhurat and Hutri festivals.

33. Dhruvapairu.—Areca, Coconut, Plantain, Pepper, Cardamom, Betal leaves, Mulbery, whether irrigated from wells or other sources.

34. Dharsod.—Margin of allowance. It also means the fractional part of the assessment left out of account in calculating the same.

35. Dharwari.—In this the survey numbers of the village are arranged in groups, according to their classification valuation. Thus under the head "Sixteen annas valuation" all numbers of that classification value are brought and their areas are added together and so with all numbers classed as 0-15-6, 0-15-0 and so on. It is an important guide to a Settlement Officer since by applying trial rates to the total area under each head of the the classification value he is enabled to work out final rates which would produce the total assessment of the whole Taluk.

36. Damasha.—A proportionate share.

37. Durasti.—Restoration or incorporation in or correction of or
insertion in survey records.

38. Ek Fasal.—Yielding one crop in each agricultural year.

39. 'F' line.—Band Map.

40. Fragment.—A holding less in extent than the standard area determined under "the Prevention of Fragmentation and Consolidation of Holdings Act, 1966".

41. Ghatti Ceremony.—A symbolical ceremony, whereby a ryot resigning his "Jama" land delivers to the Revenue Officers accepting the resignation a handful of soil (Ghatti) from the land and whereby a ryot acquiring Jama land receives "Ghatti" from the granting authority, and is required to pay a "Ghatti hana" or fee of one rupee in Coorg District.

42. Grazing rate.—An assessment of 4 annas per acre imposed upon forest land used only for grazing and allied purposes in Coorg District.

43. G-Line: Lambi.—Base Line.

44. Gomal.—Lands set apart for grazing purposes.

45. Goshwar.—An abstract or summary for the purpose of assessment of Land Revenue.
46. Gramathana.—Village site.

47. Group.—Group means all lands in the zone which in the opinion of the State Government or an officer authorised by them in this behalf or sufficiently homogeneous in respect of the factors enumerated in Section 116 of the Karnataka Land Revenue Act 1964, to admit of the application to them of the same standard rates.

48.g(a). Hitlu.—Forest land granted in connection with a wet holding, to be held free of revenue by the cultivator as a site for houses, cattle sheds and garden so long as it is not separated from the wet land.
(b) Hiduvali.—Holding.

49. Hobli.-—The normal territorial jursidiction of a Revenue Inspector variously known as Nad, Revenue Circle or Firka.

50. Hitlumanedalas and Uruguppes.—Portions of bane land
specially nlloted for dwelling places and farm yards are known as "Hittlu Manedals", while land set apart for a collective village site is termed "Uruguppe".

51. Holas or Sariges.—Assessed dry lands in Coorg District are known as Hola or Sarige.

52. Hudbust.—Fixation of boundary.

53. Hath.—A cubit measured from the elbo to the tip of the middle finger 18" or 45 cm.

54. Inamdar.—When a person's name is entered in Government records as holding Inam lands he is called the Inamdar of that land,

55. Jahagir.—An estate held free of payment to Government in the shape of Land Revenue.

56. Jama Bane.—Bane attached to Jama wet land.

57. Jama Land.—Wet land assessmed at one half the normal (sagu) rate of assessment (Coorg District).

58. Jodi.—A favourable rent or light assessment the proportion of which to the full rates varies in Coorg District. However Jodi pertaining to grants to Major religious Institutions and the allowance of the assessment was 50 per cent.

59. (a) Jama Malles.—are portions of the reserve forests on the western ghats in which the heriditary right of growing cardamoms on the indigenous system is admitted. These mallas have been separately resettlled.
(b) Wanti holas.—In the North Eastern tract inferior dry lands known as "Wantiholas" which are cultivated once in three or more years were fomerly allowed to be held free of assessment but in the summary settlement a nominal rate of three annas per acre was imposed. It is possible that the grant of these lands originally resembled the grant of banes in South Coorg and it is not worthy that in the adjoining Manjarabad portion of Mysore State dry lands known as "Vanti" were granted in former times on very easy terms as a means of the cultivation of abandoned wet lands.

60. Jama.—Land Revenue Demand.

61. Janthri.—Ready Reckoner of assessment.

62. (a) Kabja Possession, Kabjedar.—Occupant. (b) Kandaya.—Assessment (Land Revenue).

63. (a) Katcha.—Rough,
(b) Katri.—Inter section point of fields junction.

64. Khariff.—Autumn harvest.

65. (a) Khasra.—List of fields—Field Register, (b) Khalsa.—Government.

66. Khandam.—Part.

67. Karda or Khatedar.—Signifies the occupant or the eldest or principal of several joint occupants, whose name is authorisedly entered in the Government records as holding unalienated land whether in person or by his co-occupant, tenant, agent, servant or other legal representatives.

68. Kumri.—Signifies land on the mountain slopes in the Malnad on which the jungle is cut down and burnt previous to land being sown. These are cultivated only one or two years, and then allowed to lie waste, until the jungle grows up again.

70. Kuravu, Gerekadu and Hullugavalu.—In order to protect the margins of wet lands from ingression of cattle, damage by overhanging branches of trees, etc., the Rajas granted the adjoining narrow strips of highlying land, 5 to 10 metres wide, under the name of "Kuravus", free of assessment. No such grants were specified for the wargs in Coorg proper, but it is an established custom that each wet land can claim a "Gerekadu" which indicates a narrow strip of high land not more than 5 metres in breadth and adjoining wet lands. In the sampajinad below the ghats, grazing lands, known as Hullugavalus were granted by the Rajas under similar circumstances.

71. Khsetra.—The measurement sketch of a number drawn to scale.

72. Khsetra Book.—The measurement book containing such khsetras.

73. Kammi Jasti Patrike.—Statement showing the variations in extent and assessments prepared at the time of Durasti.

74. Kayam dara Takta.—A statement showing the bhaganna of a holding, the rate applicable to it and the assessment leviable on it.

75. Land Records.—Means records maintained under the provision of or for the purposes of, the Karnataka Land Revenue Act, 1964. The term includes survey records, the record of rights and the village records.

76. Lambi.—Base line.

77. Lavani Faisal Patrik.—Record of the final settlement of each survey number in the village.

78. Mafi.—Revenue Free.

79. Malguzari.—Land Revenue Demand.

80. Mauza.—Mouje—village.

81. Minjumla.—Part out of a whole.

82. (a) Misrit Shet.—is land containing more than one of the three kinds of crops, viz., dry, rice and garden.
(b) Motasthal.—Lands irrigated by Moats (Lift).

83. Mahewar.—Statement showing the monthly performance of the Surveyors.

84. Mutation.—As understood in this department is a transfer of right.

85. Mutation phodi.—Sub-division of lands as a result of transfer of right.

86. Malki.—Value of trees standing on agricultural land.

87. Nanje.—Nanje is the equivalent of vernacular expression thari.

88. Neemtana.—Inspection.

89. Nirsardi.—Water rate.

90. Pakka Book.—Field Book.

91. Patta.—Certificate of title.

92. Patwari.—Shanbhogue, Karnam or Talathi—a Village Accountant.

93. Parampoke.—means rocky portions of land void of earth, which cannot be ploughed if and on which even grass does not grow, and also'iaiid which in consequence of being with thick jungle cannot be cultivated.


94. Paradi Land.—Certain lands surrounding houses within a village site.

95. Pot.—Water course.

96. Patasthal.—Lands irrigated by flow irrigation canals, tanks etc.

97. Paisari Land.—All waste and forest lands which are declared to be the property of the Government and which have not been notified as protected forests or as forest reserved.

98. Patel.—The headman of a village.

99. Pattadar.—The registered holder of a land.

100. (a) Phot-Kharab.—Means a piece or pieces of land classed as unarable and included iri a survey number.
(b) Pherpali.—Rotation.
(c) Phahnisystem.—Measurement adopted in maintenance stage for effecting sub-divisions.

101. Punje.—The equivalent of vernacular expression Khushki.

102. Pahanisud.—A survey statement showing old and new survey numbers, names of fields, description of tenure and names of occupants.

103. Phodi.—Sub-divided fields.

104. Rabi.—Spring harvest.

105. Roznama.—Daily diary of a Surveyor.

106. Rundhi.—An offset.

107. Rujuwath Gunakar.—Calculation of area by compartments.

108. Revenue Survey.—By this it is meant the Survey of any land in any part of the state undertaken with a view to the settlement of the Land Revenue and to the recording and presentation of Rights connected therewith or for any other similar purpose.

109. Revision Survey.—Survey operations conducted at the instance of Government at any time after original survey.

110. Representative Village.—Means a village selected by the settlement officer for the purpose of holding a local enquiry.

111. Salesal.—Year to year.

112. Sanad.—A deed of grant.

113. Schadda.—Trijunction point of three villages.

114. Survey Number.—Means a portion of land of which the area and other particulars are separately entered under an indicative number in the land records.

115. Sub-division of a Survey number.—Sub-division of a survey number means a portion of a survey number of which the area and
assessment are separately entered in the land records under an indicative number subordinate to that of the Survey Number of which it is a portion.

116. Sagu Assessment.—The full or ordinary assessment of wet land-but, privileged tenures have for various reasons been so freely granted in the past that the sagu tenure only represents 43 per cent of the total holdings.

117. Saguvali.—Cultivation.

118. Shet.—All lands held by one khatedar and enclosed within a continuous line of boundary.

119. Settlement.—Means the result of the operation in a taluk or part of a taluk in order to determine the land revenue assessment.

120. Standard Rate.—Means with reference to any particular class of land in a group, the normal assessment per acre of land in that class of sixteen annas classification value.

121. Survey Mark.—A mark or object erected made employed or specified by a Survey Officer to indicate or determine or assist in determining the position or level of any point or points.

122. (a) Tabi.—Land irrigated in hot (summer). (b) Termim.—Correction.

123. Talepariges.—Water springs under which lands are cultivated by taking water.

124. Tippan.—The sketch of a number not drawn to scale but showing the measurements.

125. Tippan Book.—The book containing tippans.

126. Traverse Book.—A record prepared at the time of conducting survey by Theodolite. It gives the details of base lines on which the survey is conducted.

127. Tale Square.—Scale drawn graph paper by means of which the area of piece of land plotted to scale is computed.

128. Theodolite stone on station.—It is a survey mark fixed for the
purpose of running a traverse.

129.Urudves.—In the north eastern part of Coorg, where no banes were allotted, the system as allowed to graze their cattle in and take firewood and timber for agricultural purposes from communal lands known as "Urudves" i.e., village forests.

130. Urambals and Mandus.—Urambals and Mandus are communal village lands reserved for panchayat meetings and for dancing on festival occasions, the villagers have the right of grazing thereon.

131.Udafa.—The term Udafa means a non-contiguous survey number which cannot be found in its serial order on the map of a village.

132. Umbli Lands.—Inam lands given to persons from whom generally some service real or nominal, is expected.

133. Varga Mul.—Square roots.

134. Vasala.—The triangles and trapezia into which survey numbers
are divided for the purposes of calculation of area.

135. Vazai Vasala.—A vasala due to an offset passing outside the number and which has to be deducted in making out the area.

136. Vasulbaki.—Statement showing the full particulars of each occupants' entire holdings under the old and new systems.

137. Wahivat.—Enjoyment.

138. Wat Hukum Bagayet.—Dry land where coconuts are grown without irrigation.

139. Warg.—A holding of wet land.

140. Wargdar.—A holder of a warg.

141. Zonal.—Means a local area comprising a Taluk or group of Taluks or portion thereof of one or more districts of which in the opinion of the State Government or an officer authorised by it in this behalf is contiguous and homogeneous in respect of
(1) Physical configuration,
(2) Climate and Rainfall,
(3) Principal Crops grown in the area,
(4) Soil characteristics.


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MEANING OF TERMS USED IN KARNATAKA LAND RECORDS

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HOW A NON-AGRICULTURIST/COMPANY CAN BUY AGRICULTURAL LAND PROCEDURE AND LAW INVOLVED IN IT IN KARNATAKA

KARNATAKA LAND REVENUE ACT



RESTRICTIONS ON HOLDING OR TRANSFER OF AGRICULTURAL LANDS

79A. Acquisition of land by certain persons prohibited.—

(1) On and from the commencement of the the Karnataka Land Reforms (Amendment) Act, 1995, no person who or a family or a joint family which has an assured annual income of not less than rupees two lakhs from sources other than agricultural lands shall be entitled to acquire any land whether as land owner, landlord, tenant or mortgagee with possession or otherwise or partly in one capacity and partly in another.

(2) For purposes of sub-section (1)—

(i) the aggregate income of all the members of a family or a joint family from sources other than agricultural land shall be deemed to be income of the family or joint family, as the case may be, from such sources;

(ii) a person or a family or a joint family shall be deemed to have an assured annual income of not less than rupees two lakhs from sources other than agricultural land on any day if such person or family or joint family had an average annual income of not less than rupees two lakhs from such sources during a period of five consecutive years preceding such day.

Explanation.—A person who or a family or a joint family which has been assessed to income tax under the Income Tax Act, 1961 (Central Act 43 of 1961) on an yearly total income of not less than rupees two lakhs for five consecutive years shall be deemed to have an average annual income of not less than rupees two lakhs from sources other than agricultural lands.



(3) Every acquisition of land otherwise than by way of inheritance or bequest in contravention of this section shall be null and void.

(4) Where a person acquires land in contravention of sub-section (1) or acquires it by bequest or inheritence he shall, within ninety days from the date of acquisition, furnish to the Tahsildar having jurisdiction over the Taluk where the land acquired or the greater part of it is situated a declaration containing the following particulars, namely:—

(i) particulars of all lands;

(ii) the average annual income of himself or the family;

(iii) such other particulars as may be prescribed.

(5) The Tahsildar shall, on receipt of the declaration under sub-section (4) and after such enquiry as may be prescribed send a statement containing the prescribed particulars relating to such land to the Deputy



Commissioner who shall, by notification, declare that with effect from such date as may be specified in the notification, such land shall stand transferred to and vest in the State Government without further assurance free from all encumbrances. From the date specified in such notification the Deputy Commissioner may take possession of such land in such manner as may be prescribed.

(6) For the land vesting in the State Government under sub-section (5), where the acquisition of the land was by bequest or inheritance, an amount as specified in section 72 shall be paid and where the acquisition was otherwise than by bequest or inheritance, no amount shall be paid.



79B. Prohibition of holding agricultural land by certain persons.—(1) With effect on and from the date of commencement of the Amendment Act, except as otherwise provided in this Act,—

(a) no person other than a person cultivating land personally shall be entitled to hold land; and

(b) it shall not be lawful for,-

(i) an educational, religious or charitable institution or society or trust, other than an institution or society or trust referred to in sub-section (7) of section 63, capable of holding property;

(ii) a company;

(iii) an association or other body of individuals not being a joint family, whether incorporated or not; or

(iv) a co-operative society other than a co-operative farm,

to hold any land.

(2) Every such institution, society, trust, company, association, body or co-operative society,—

(a) which holds lands on the date of commencement of the Amendment Act and which is disentitled to hold lands under sub-section (1), shall, within ninety days from the said date, furnish to the Tahsildar within whose jurisdiction the greater part of such land is situated a declaration containing the particulars of such land and such other particulars as may prescribed; and

(b) which acquires such land after the said date shall also furnish a similar declaration within the prescribed period.



(3) The Tahsildar shall, on receipt of the declaration under sub-section (2) and after such enquiry as may be prescribed, send a statement containing the prescribed particulars relating to such land to the Deputy Commissioner who shall, by notification, declare that such land shall vest in the State Government free from all encumbrances and take possession thereof in the prescribed manner.

(4) In respect of the land vesting in the State Government under this section an amount as specified in section 72 shall be paid.

Explanation.—For purposes of this section it shall be presumed that a land is held by an institution, trust, company, association or body where it is held by an individual on its behalf.





79C. Penalty for failure to furnish declaration.—(1) Where a person fails to furnish the declaration under section 79A or section 79B or furnishes a declaration knowing or having reason to believe it to be false, the Tahsildar shall issue a notice in the prescribed form to such person to show cause within fifteen days from the date of service thereof why the penalty specified in the notice, which may extend to five hundred rupees, may not be imposed upon such person.

(2) If the Tahsildar on considering the reply, if any, filed is satisfied that the person had failed to furnish the declaration without reasonable cause or had filed it, knowing or having reason to believe it to be false, he may, by order, impose the penalty and also require such person to furnish within a period of one month from the date of the order a true and correct declaration complete in all particulars.

(3) If the person fails to comply with such order, his right, title and interest in the land concerned shall, as penalty, be forfeited to and vest in the State Government.







80. Transfers to non-agriculturists barred.—(1) (a) No sale (including sales in execution of a decree of a civil court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue), gift or exchange or lease of any land or interest therein, or

(b) no mortgage of any land or interest therein, in which the possession of the mortgaged property is delivered to the mortgagee, shall be 2[lawful]2 in favour of a person,—

(i) who is not an agriculturist, or



(ii) who being an agriculturist holds as owner or tenant or partly as owner and partly as tenant land which exceeds the limits specified in section 63 or 64; or

(iii) who is not an agricultural labourer; or

(iv) who is disentitled under section 79A or section 79B to acquire or hold any land:]3

Provided that the Assistant Commissioner having jurisdiction over the area or any officer not below the rank of an Assistant Commissioner authorised by the State Government in this behalf in respect of any area may grant permission for such sale, gift, or exchange, 3[to enable a person other than a person disentitled to acquire or hold land under section 79A or section 79B]3 who bona fide intend taking up agriculture to acquire land on such conditions as may be prescribed in addition to the following conditions, namely:—

(i) that the transferee takes up agriculture within one year from the date of acquisition of land, and

(ii) that if the transferee gives up agriculture within five years, the land shall vest in the State Government subject to payment to him of an amount equal to eight times the net annual income of the land or where the land has been purchased, the price paid for the land, if such price is less than eight times the net annual income of the land.



(2) Nothing in sub-section (1) shall apply to lands granted under section 77.







81. Sections 79A, 79B, and 80 not to apply in certain cases.—(1) Nothing in section 79A or section 79B or section 80 shall apply to,—

(a) the sale, gift or mortgage of any land or interest therein in favour of the Government: 2[the Karnataka State Road Transport Corporation constituted under the Road Transport Corporation Act, 1950 (Central Act LXIV of 1950), the Karnataka Power Transmission Corporation Limited constituted under the Companies Act, 1956]2 3[the Karnataka Housing Board constituted under the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963), the Industrial Areas Development Board constituted under the Karnataka Industrial Areas Development Act, 1966 (Karnataka Act, 18 of 1966), the Karnataka Slum Clearance Board established under the Karnataka Slum Areas (Improvement and Clearance) Act, 1973, (Karnataka Act 33 of 1974) the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976), a Nagarabhivruddhi Pradhikara constituted under the Karnataka Nagarabhivruddhi Pradhikaragala Adhiniyama, 1987 (Karnataka Act 34 of 1987).]3

(b) the mortgage of any land or interest therein in favour of,—

(i) a co-operative society;

(ii) a financial institution;



(vi) any company as defined in section 3 of the Companies Act, 1956 (Central Act 1 of 1956) in which not less than fifty-one per cent of the paid up share capital is held by the State Government or the Central Government or both;

(vii) any corporation, not being a company as defined in section 3 of the Companies Act, 1956 (Central Act 1 of 1956) established or constituted by the State Government [or the Central Government or both];

(viii) the Coffee Board constituted under the Coffee Act, 1942 (Central Act 7 of 1942),

as security for any loan or other facility given by such society, bank, company, corporation or Board for agricultural purposes.

Explanation.—In this clause ‘agricultural purposes’ include making land fit for cultivation, cultivation of land, improvement of land, development of sources of irrigation, raising and harvesting of crops, horticulture, forestry, planting and farming, cattle breeding, animal husbandry, dairy farming, seed farming, pisciculture, apiculture, sericulture, piggery, poultry farming and such other activities as are generally carried on by agriculturists, dairy farmers, cattle breeders, poultry farmers and other categories of persons engaged in similar activities including marketing of agricultural products, their storage and transport and the acquisition of implements and machinery, in connection with any such activity;



(c) the sale of any land or interest therein referred to in clause (b) in enforcement of the said security;

(d) the sale of any land in favour of a sugar factory for purposes of research of seed farm or sale in favour of the Coffee Board constituted under the Coffee Act, 1942 (Central Act 7 of 1942).



(2) The institutions referred to in clause (b) of sub-section (1) acquiring land or interest therein shall dispose of the same by sale, within the prescribed period:

Provided that pending such sale the land may be leased for a period not exceeding one year at a time and the lease shall stand determined when the land is sold or on the expiry of one year, whichever is earlier and notwithstanding anything to the contrary in this Act or in any other law for the time being in force the lessee shall not be entitled to any right other than as such lessee in the land.

(3) Any sale by the institution under this section shall be subject to the other provisions of this Act.]1



81A. Declaration to be made before the registering authority in certain cases.—(1) No document relating to any transfer of land either by sale, gift, exchange, lease, 2[mortgage with possession surrender, agreement, settlement, or otherwise, shall be registered unless a declaration in writing is made in duplicate in such form as may be prescribed and filed by the transferee before the registering authority under the Indian Registration Act, 1908 (Central Act XVI of 1908), as to the total extent of land held by him as also his assured annual income.



(2) The registering authority referred to in sub-section (1) shall forward within such time and in such manner as may be prescribed, one copy of the declaration referred to in sub-section (1), to the prescribed officer, within





whose jurisdiction the land which is the subject matter of the transfer or the major part thereof is situated.

(3) On receipt of the copy of the declaration under sub-section (2), the prescribed officer may obtain such information as may be necessary and take such action as he deems fit in accordance with the provisions of this Act, and in accordance with such rules as may be made in this behalf.



82. Reporting of illegal transactions.—Every village officer and every officer of the Revenue, Registration and Land Records Departments shall report to the 1[x x x]1 prescribed authority, 2[x x x]2, every transaction in respect of any land in contravention of any of the provisions of this Act, 3[as they stood before and as they stand after the date of commencement of the Amendment Act]3 which comes to the notice of such officer.



83. Inquiry regarding illegal transactions.—The prescribed authority shall, after a summary inquiry, determine whether the transaction reported to it under section 82 or coming to its notice in any other manner is in contravention of 1[or is unlawful or invalid under]1 the provisions of this Act, 2[as they stood before or as they stand after the date of commencement of the Amendment Act]2 and make a declaration accordingly. Any transaction so declared to be in contravention of 1[or is unlawful or invalid under]1 any of the provisions of this Act, 2[as they stood before or as they stand after the date of commencement of the Amendment Act]2 shall be null and void. 2[The land in respect of which such transaction has taken place shall, as penalty, be forfeited to and vest in the State Government 3[free from all encumbrances]3. No amount is payable therefor



72. Amount payable for lands surrendered to and vesting in the State Government.—(1) Save as otherwise provided in this Act, the amount payable in respect of land to be taken over by the State Government under sections 68, 70, 71, 79A and 79B shall be determined with reference to the net annual income derivable from the land in accordance with the following scale, namely:—

(i) for the first sum of rupees five thousand or any portion thereof of the net annual income from the land, fifteen times such sum or portion;

(ii) for the next sum of rupees five thousand or any portion thereof of the net annual income from the land, twelve times such sum or portion;

(iii) for the balance of the net annual income from the land, ten times such balance:

Provided that where the land taken over by the State Government is D Class land referred to in Part A of Schedule I, an amount equal to twenty times the net annual income thereof shall be payable.

(2) For the purpose of sub-section (1), the net annual income from the land shall be deemed to be the amount payable as annual rent in respect of the land as specified in section 8. But where in a land assessed as wet land or dry land, the owner has raised fruit bearing trees, the net annual income of such land for purposes of sub-section (1) shall be determined on the basis of assessment for garden land which could have been levied having regard to the nature of the fruit bearing trees.



(3) The amount under sub-section (1) shall be payable as follows:—

(a) to the tenant, if any, in possession of the land, an amount equal to one year’s net annual income;

(b) to the owner, the balance.

(4) Where there are wells or other structures of a permanent nature on the land, constructed by the owner then, the value thereof calculated in the prescribed manner shall also be payable.

(5) Notwithstanding anything in sub-sections (1) and (4), the aggregate amount payable according to the said sub-sections shall not exceed rupees two lakhs.

2[(6) x x x]1



109. Certain lands to be exempt from certain provisions.—(1) Subject to such rules as may be prescribed and the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), the State Government may, by notification, exempt, any land in any area from the provisions of sections 63, 79A, 79B or 80 to be used for,—

(i) industrial development, the extent of which shall not exceed twenty units;

(ii) educational institutions recognised by the State or Central Government to be used for non-agricultural purpose the extent of which shall not exceed four units;

(iii) places of worship to be specified by Government by notification which are established or constructed by a recognised or registered body for non-agricultural purpose, the extent of which shall not exceed one unit;

(iv) a housing project, approved by the State Government the extent of which shall not exceed ten units;

(v) the purpose of horticulture including floriculture and agro based industries the extent of which shall not exceed twenty units:

Provided that the Deputy Commissioner may also exercise the powers of the State Government under this sub-section, subject to the restrictions and in the manner specified therein, in respect of the land to be used for,-

(i) industrial development, the extent of which shall not exceed ten units;

(ii) educational institutions recognised by the State or Central Government to be used for non-agricultural purpose the extent of which shall not exceed two units;

(iii) places of worship to be specified by Government by notification which are established or constructed by a recognised or a registered body for non-agricultural purpose, the extent of which shall not exceed one fourth of a unit;

(iv) a housing project, approved by the State Government the extent of which shall not exceed ten units;



(v) the purpose of horticulture including floriculture and agro based industries the extent of which shall not exceed ten units.

(1A) Notwithstanding anything contained in sub-section (1), the State Government may in public interest and for reasons to be recorded in writing, by notification and subject to the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and such restrictions and conditions as may be specified by it, exempt any extent of land from the provisions of sections 63, 79A, 79B or 80]4 for any specific purpose.

Provided that the Deputy Commissioner other than the Deputy Commissioner of Bangalore Rural District and the Deputy Commissioner of Bangalore District, may subject to the restrictions and the manner specified in this sub-section exercise the power of the State Government to grant exemptions to an extent not exceeding half hectare of land.



(2) Where any condition or restriction specified in the notification under sub-section (1), has been contravened, the State Government or as the case may be, the Deputy Commissioner may after holding an enquiry as it or he deems fit, cancel the exemption granted under that sub-section and the land in respect of which such cancellation has been made, shall, as penalty be forfeited to and vest in the State Government free from all encumbrances. No amount is payable therefor.





KARNATAKA LAND REFORMS RULES:





RULE 38-B. Conditions and Guidelines for grant of exemption under Section 109.—



(l)



(a) Exemption under Section 109, for the purpose of industrial development including tourism projects may be granted.—

(i) in case of Tiny Industry upto one quarter unit of agricultural land, on the recommendation of the District Level Single Window Agency headed by the Deputy Commissioner;

(ii) in case of Small Scale Industry, upto one unit of agricultural land, on the recommendation of District Level Single Window Agency headed by the Deputy Commissioner;

(iii) in case of Medium and Large Scale Industry having a total investment upto rupees fifty crores and requiring land upto five units, on the recommendation of the State Level Single Window Agency headed by the Principal Secretary to Government, Commerce and Industries Department;

(iv) in case of Medium and Large Scale Industry having a total investment of more than fifty crores and requiring land upto twenty units, on the recommendation of the High Level

Committee/ Land Audit Committee headed by the Minister in-charge of Large and Medium Scale Industries.



Explanation.—Tiny and Small Scale Industry, Medium and Large Scale Industry shall have the same meaning as defined in Government Order No. CI 130 SPC 96, dated 15-3-1996 or such other order as may in this behalf be issued from time to time.





(b) while making recommendations for exemption the committees specified in clause (a), shall be guided by.—

I. the zonal regulations annexed to the comprehensive development plan or outline development plan under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963);

II. the suitability of the land for the proposed project of the industrial unit keeping in view the locational aspect, availability of infrastructures like water, power, communication etc., and environmental and ecological aspects; and

III. the extent of land required/ keeping in view the nature and size of the proposed project, financial outlay, capacity of the enterprenuer, technical feasibility and economic viability;

(2)



(a) Exemption under Section 109, for the purpose of Educational Institutions, may be granted on the recommendation of the Deputy Commissioner within whose local limits of jurisdiction the educational institution is situate or in the case of a branch of such institution, such branch institution is situate;



(b) While making recommendation for exemption under this sub-rule, the Deputy Commissioner shall be guided by.—

(i) the zonal regulations annexed to the comprehensive development plan or the outline development plan under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963);

(ii) the suitability of the land for the proposed purpose;

(iii) the necessity and extent of land required keeping in view the nature and size of the institution.



Explanation.—For the purpose of this sub-rule the term "Educational Institution" shall include a Hostel or a Vocational Educational Institution.





(3)



(a) Exemption under Section 109, for the purpose of places of worship, may be made on the recommendation of the Deputy Commissioner in whose local limits of jurisdiction the place of worship is situate;



(b) While making recommendation for exemption the Deputy Commissioner shall be guided by the following, namely.—

(I) Whether the place of worship is governed by any of the following Acts, namely.—

(i) Religious Endowments Act 1863 (Central Act 20 of 1863);

(ii) The Charitable Endowments Act, 1890 (Central Act 6 of 1890);

(iii) The Coorg Temple Fund, Management Regulation, 1892 (Regulation No. 4 of 1892);

(IV) The Charitable and Religious Trust Act, 1920 (Central Act No. XIV of 1920);

(v) Karnataka Religious and Charitable Institutions Act, 1927 (Karnataka Act 7 of 1927);

(vi) The Bombay Public Trust Act, 1950 (Bombay Act 29 of 1950);

(VII) The Madras Hindu Religious and Charitable Endowment Act, 1951 (Madras Act 19 of

1951);

(VIII) The Wakf Act, 1995 (Central Act 43 of 1995);

(ix) The Hyderabad Endowment Regulation (Fasli 1349) or is registered under the Indian

Trusts Act, 1882 (Central Act 2 of 1882) or under the Karnataka Societies Registration

Act, 1960 (Karnataka Act 17 of 1960) or under any other law for the time being in

force.

(II) The zonal Regulations annexed to the Comprehensive Development Plan or Outline Development Plan under the Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963).

(III) The suitability of the land for the purpose of place of worship, keeping in view the maintenance of peace and harmony. Wherever necessary the Deputy Commissioner shall also obtain a no objection certificate from the concerned local authority.





(4)



(a) Exemption under Section 109, for the purpose of a Housing Project, may be made on the recommendation of the State Level Single Window Agency constituted for this purpose;



(b) While making recommendation for exemption the Single Window Agency shall be guided by the following, namely.—

(i) Whether a no-objection certificate has been obtained by the applicant from the concerned Planning Authority or the Urban Development Authority or Local Authority, as the case may be;

(ii) The financial resources, technical feasibility, economic viability, capacity of the person seeking such exemption, and provision for public utility, playground and such other civic amenities, and availability of water and power supply etc.;

(iii) The comprehensive project report covering all the aspects;

(iv) Suitability of the project from the environmental and ecological aspects;

(v) any other relevant consideration.



(c) Exemption granted under this sub-rule shall be subject to the following conditions.—



(i) Out of the total area available for housing, as per land use classification under Outline Development Plan or Comprehensive Development Plan, published under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) or classified by or under any other law providing for regulation of housing activity, thirty per cent of the land shall be earmarked for Low Income Group Housing and twenty per cent for Middle Income Group Housing:

Provided that in the case of a housing project on a land not classified under the Outline Development Plan or Comprehensive Development Plan, the project shall be drawn up in consultation with the Director of Town Planning.

Explanation.—For the purpose of this rule 'Low Income Group Housing' and 'Middle Income Group Housing7 means norms as prescribed by the Housing and Urban Development Corporation from time to time.



(ii) The area meant for roads and parks shall be developed by the applicant in accordance with the project report and then transferred to the Urban Development Authority or the Local Authority, as the case may be;



(iii) Any other conditions as the State Government may specify.





(5)



(a) Exemption under Section 109 for the purpose of Horticulture including Flouriculture and Agro-based industry, shall be made.—



(i) In respect of a project requiring upto two units of land on the recommendation of the District Level Single Window Agency headed by the Deputy Commissioner;



(ii) In respect of a project requiring land in excess of two units but not exceeding ten units, on the recommendation of the State Level Single Window Agency headed by the Principal Secretary to Government, Agriculture and Horticulture Department;



(iii) In respect of a project requiring more than ten units on the recommendation of the High Level Committee headed by the Minister in-charge of Agriculture or the Minister in-charge of Horticulture, as the case may be.



(b) While making recommendation for exemption, the Committee specified in clause (a) above shall be guided by the following, namely.—

(i) The zonal regulations annexed to the Comprehensive Development Plan or Outline Development Plan under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963);

(ii) The suitability of the land for the proposed project;

(iii) the necessity and extent of land required keeping in view the nature and size of the project, financial outlay, capacity of the enterprenuer, technical feasibility and economic viability.





(c) Exemption under this sub-rule shall be granted subject to the following conditions, namely.—

(I) Total area to be used for non-agricultural purpose like office, cold storage, processing, factory building and staff quarters shall not exceed two units.

(II) The land shall be utilised for.—

(i) growing flowers; or

(ii) demonstration, nursery, research and development activities pertaining to

cultivation of new varieties, stabilisation of process of utilization of agricultural

products etc.; or

(iii) establishment of tissue culture laboratory, genetic engineering facilities etc.; or

(iv) any other purpose which would promote the growth of agro-based industries as

may be specified by the Department of Commerce and industries in

consultation with the Department of Agriculture and Horticulture, as the case

may be.

(III) The land shall not be used for growing any agriculture or horticulture based raw-materials.





RULE38-C Conditions and guidelines of exemption under sub-section (1-A) of Section 109.—





(1) Grant of exemption under sub-section (1-A) of Section 109 shall, depending on the purpose for which the exemption is granted, be in conformity with Rule 38-B, so far as they are not inconsistent with the general provisions of these rules.



(2) All exemptions under these rules shall be granted subject to clearance by the High Power Committee headed by the Chief Secretary constituted under Government Order No. CI 88 SPF 95, dated 4-11-1995 or such other orders made in this behalf from time to time.



(3) The High Power Committee while giving clearance to the project under this rule shall ensure, depending on the purpose for which exemption is sought, that the general conditions laid down under Rule 38-D are also satisfied.









RULE38-D. Application for grant of exemption.—





(1) Every application for exemption under Section 109 shall be made in Form 15-A along with a Court fee of rupees five to the concerned Deputy Commissioner.





(2) Immediately on receipt of the application the Deputy Commissioner shall cause it to be entered in a separate register maintained for each of the category depending on the extent of land sought to be exempted and the purpose for which exemption is sought. [He shall scrutinize the application in Form 15-A and the documents received from the applicant and fill up Form 15-AA] and after following the procedure specified in Rule 38-B, forward the application to the Government.





(3)

(a) The Deputy Commissioner shall after due verification of the application, in all cases, where he is not the recommending authority, transfer the same to the concerned recommending authority which shall along with its recommendation forward it to the Government.



(b) in the case of institution governed under sub-rule (3) of Rule 38-B, the Deputy Commissioner shall send the proposal through the Endowment Commissioner, who shall forward the same to the Government with his views.



(c) in the case of institutions governed under the Wakf Act, 1995, (Central Act 43 of 1995), the Deputy Commissioner shall consult the District Wakf Committee before sending the proposal to the Government.





(4) The exemption of land under these rules shall be subject to the following conditions, namely.—



(i) land shall be utilised for the purpose for which it is exemptee within two years from the date of issue of the Notification exempting the land and the exempted shall immediately after the expiry of two years from such date intimate in writing to the Government/ through the Deputy Commissioner concerned regarding the utilisation of the land for the purpose for which it was exempted. The Deputy Commissioner shall cause verification of the same by an Officer not below the rank of the Tahsildar within three months from the date of receipt of such intimation and shall record such verification in a separate register maintained for the purpose:

[Provided that where the Government is satisfied that for reasons beyond the control of the exemptee, the land is not utilised for the purpose for which the exemption was made, within two years from the date of issue of the notification exempting the said land, it may extend the time-limit further upto two years.]



(ii) The land shall not be appropriated for any purpose other than the purpose for which it is exempted:

Provided that it shall be lawful for the exemptee to obtain loan on the security of the land by creating a mortgage or other charge over his interest in the land, in favour of the Government or any Schedule Bank or a Co-operative Agricultural and Rural Development Bank or a Government company as defined in Section 3 of the Companies Act, 1956 in which not less than 51 per cent of the paid up share capital is held by the State Government or a Corporation owned or controlled by the Central Government or the State Government or both.



(iii) Where the land is exempted for a non-agricultural purpose such land shall be got converted for non-agricultural use under the provisions of the Karnataka Land Revenue Act, 1964.



(iv) Necessary permission shall be obtained from the concerned, if the exempted land falls under the Comprehensive Development Plan or Outline : . Development Plan.



(v) Any other condition as the State Government may by notification specify.








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COLLECTIONS OF SRIDHARA BABU N - +91-9880339764



KARNATAKA LAND REVENUE ACT



RESTRICTIONS ON HOLDING OR TRANSFER OF AGRICULTURAL LANDS

79A. Acquisition of land by certain persons prohibited.—

(1) On and from the commencement of the the Karnataka Land Reforms (Amendment) Act, 1995, no person who or a family or a joint family which has an assured annual income of not less than rupees two lakhs from sources other than agricultural lands shall be entitled to acquire any land whether as land owner, landlord, tenant or mortgagee with possession or otherwise or partly in one capacity and partly in another.

(2) For purposes of sub-section (1)—

(i) the aggregate income of all the members of a family or a joint family from sources other than agricultural land shall be deemed to be income of the family or joint family, as the case may be, from such sources;

(ii) a person or a family or a joint family shall be deemed to have an assured annual income of not less than rupees two lakhs from sources other than agricultural land on any day if such person or family or joint family had an average annual income of not less than rupees two lakhs from such sources during a period of five consecutive years preceding such day.

Explanation.—A person who or a family or a joint family which has been assessed to income tax under the Income Tax Act, 1961 (Central Act 43 of 1961) on an yearly total income of not less than rupees two lakhs for five consecutive years shall be deemed to have an average annual income of not less than rupees two lakhs from sources other than agricultural lands.



(3) Every acquisition of land otherwise than by way of inheritance or bequest in contravention of this section shall be null and void.

(4) Where a person acquires land in contravention of sub-section (1) or acquires it by bequest or inheritence he shall, within ninety days from the date of acquisition, furnish to the Tahsildar having jurisdiction over the Taluk where the land acquired or the greater part of it is situated a declaration containing the following particulars, namely:—

(i) particulars of all lands;

(ii) the average annual income of himself or the family;

(iii) such other particulars as may be prescribed.

(5) The Tahsildar shall, on receipt of the declaration under sub-section (4) and after such enquiry as may be prescribed send a statement containing the prescribed particulars relating to such land to the Deputy



Commissioner who shall, by notification, declare that with effect from such date as may be specified in the notification, such land shall stand transferred to and vest in the State Government without further assurance free from all encumbrances. From the date specified in such notification the Deputy Commissioner may take possession of such land in such manner as may be prescribed.

(6) For the land vesting in the State Government under sub-section (5), where the acquisition of the land was by bequest or inheritance, an amount as specified in section 72 shall be paid and where the acquisition was otherwise than by bequest or inheritance, no amount shall be paid.



79B. Prohibition of holding agricultural land by certain persons.—(1) With effect on and from the date of commencement of the Amendment Act, except as otherwise provided in this Act,—

(a) no person other than a person cultivating land personally shall be entitled to hold land; and

(b) it shall not be lawful for,-

(i) an educational, religious or charitable institution or society or trust, other than an institution or society or trust referred to in sub-section (7) of section 63, capable of holding property;

(ii) a company;

(iii) an association or other body of individuals not being a joint family, whether incorporated or not; or

(iv) a co-operative society other than a co-operative farm,

to hold any land.

(2) Every such institution, society, trust, company, association, body or co-operative society,—

(a) which holds lands on the date of commencement of the Amendment Act and which is disentitled to hold lands under sub-section (1), shall, within ninety days from the said date, furnish to the Tahsildar within whose jurisdiction the greater part of such land is situated a declaration containing the particulars of such land and such other particulars as may prescribed; and

(b) which acquires such land after the said date shall also furnish a similar declaration within the prescribed period.



(3) The Tahsildar shall, on receipt of the declaration under sub-section (2) and after such enquiry as may be prescribed, send a statement containing the prescribed particulars relating to such land to the Deputy Commissioner who shall, by notification, declare that such land shall vest in the State Government free from all encumbrances and take possession thereof in the prescribed manner.

(4) In respect of the land vesting in the State Government under this section an amount as specified in section 72 shall be paid.

Explanation.—For purposes of this section it shall be presumed that a land is held by an institution, trust, company, association or body where it is held by an individual on its behalf.





79C. Penalty for failure to furnish declaration.—(1) Where a person fails to furnish the declaration under section 79A or section 79B or furnishes a declaration knowing or having reason to believe it to be false, the Tahsildar shall issue a notice in the prescribed form to such person to show cause within fifteen days from the date of service thereof why the penalty specified in the notice, which may extend to five hundred rupees, may not be imposed upon such person.

(2) If the Tahsildar on considering the reply, if any, filed is satisfied that the person had failed to furnish the declaration without reasonable cause or had filed it, knowing or having reason to believe it to be false, he may, by order, impose the penalty and also require such person to furnish within a period of one month from the date of the order a true and correct declaration complete in all particulars.

(3) If the person fails to comply with such order, his right, title and interest in the land concerned shall, as penalty, be forfeited to and vest in the State Government.







80. Transfers to non-agriculturists barred.—(1) (a) No sale (including sales in execution of a decree of a civil court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue), gift or exchange or lease of any land or interest therein, or

(b) no mortgage of any land or interest therein, in which the possession of the mortgaged property is delivered to the mortgagee, shall be 2[lawful]2 in favour of a person,—

(i) who is not an agriculturist, or



(ii) who being an agriculturist holds as owner or tenant or partly as owner and partly as tenant land which exceeds the limits specified in section 63 or 64; or

(iii) who is not an agricultural labourer; or

(iv) who is disentitled under section 79A or section 79B to acquire or hold any land:]3

Provided that the Assistant Commissioner having jurisdiction over the area or any officer not below the rank of an Assistant Commissioner authorised by the State Government in this behalf in respect of any area may grant permission for such sale, gift, or exchange, 3[to enable a person other than a person disentitled to acquire or hold land under section 79A or section 79B]3 who bona fide intend taking up agriculture to acquire land on such conditions as may be prescribed in addition to the following conditions, namely:—

(i) that the transferee takes up agriculture within one year from the date of acquisition of land, and

(ii) that if the transferee gives up agriculture within five years, the land shall vest in the State Government subject to payment to him of an amount equal to eight times the net annual income of the land or where the land has been purchased, the price paid for the land, if such price is less than eight times the net annual income of the land.



(2) Nothing in sub-section (1) shall apply to lands granted under section 77.







81. Sections 79A, 79B, and 80 not to apply in certain cases.—(1) Nothing in section 79A or section 79B or section 80 shall apply to,—

(a) the sale, gift or mortgage of any land or interest therein in favour of the Government: 2[the Karnataka State Road Transport Corporation constituted under the Road Transport Corporation Act, 1950 (Central Act LXIV of 1950), the Karnataka Power Transmission Corporation Limited constituted under the Companies Act, 1956]2 3[the Karnataka Housing Board constituted under the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963), the Industrial Areas Development Board constituted under the Karnataka Industrial Areas Development Act, 1966 (Karnataka Act, 18 of 1966), the Karnataka Slum Clearance Board established under the Karnataka Slum Areas (Improvement and Clearance) Act, 1973, (Karnataka Act 33 of 1974) the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976), a Nagarabhivruddhi Pradhikara constituted under the Karnataka Nagarabhivruddhi Pradhikaragala Adhiniyama, 1987 (Karnataka Act 34 of 1987).]3

(b) the mortgage of any land or interest therein in favour of,—

(i) a co-operative society;

(ii) a financial institution;



(vi) any company as defined in section 3 of the Companies Act, 1956 (Central Act 1 of 1956) in which not less than fifty-one per cent of the paid up share capital is held by the State Government or the Central Government or both;

(vii) any corporation, not being a company as defined in section 3 of the Companies Act, 1956 (Central Act 1 of 1956) established or constituted by the State Government [or the Central Government or both];

(viii) the Coffee Board constituted under the Coffee Act, 1942 (Central Act 7 of 1942),

as security for any loan or other facility given by such society, bank, company, corporation or Board for agricultural purposes.

Explanation.—In this clause ‘agricultural purposes’ include making land fit for cultivation, cultivation of land, improvement of land, development of sources of irrigation, raising and harvesting of crops, horticulture, forestry, planting and farming, cattle breeding, animal husbandry, dairy farming, seed farming, pisciculture, apiculture, sericulture, piggery, poultry farming and such other activities as are generally carried on by agriculturists, dairy farmers, cattle breeders, poultry farmers and other categories of persons engaged in similar activities including marketing of agricultural products, their storage and transport and the acquisition of implements and machinery, in connection with any such activity;



(c) the sale of any land or interest therein referred to in clause (b) in enforcement of the said security;

(d) the sale of any land in favour of a sugar factory for purposes of research of seed farm or sale in favour of the Coffee Board constituted under the Coffee Act, 1942 (Central Act 7 of 1942).



(2) The institutions referred to in clause (b) of sub-section (1) acquiring land or interest therein shall dispose of the same by sale, within the prescribed period:

Provided that pending such sale the land may be leased for a period not exceeding one year at a time and the lease shall stand determined when the land is sold or on the expiry of one year, whichever is earlier and notwithstanding anything to the contrary in this Act or in any other law for the time being in force the lessee shall not be entitled to any right other than as such lessee in the land.

(3) Any sale by the institution under this section shall be subject to the other provisions of this Act.]1



81A. Declaration to be made before the registering authority in certain cases.—(1) No document relating to any transfer of land either by sale, gift, exchange, lease, 2[mortgage with possession surrender, agreement, settlement, or otherwise, shall be registered unless a declaration in writing is made in duplicate in such form as may be prescribed and filed by the transferee before the registering authority under the Indian Registration Act, 1908 (Central Act XVI of 1908), as to the total extent of land held by him as also his assured annual income.



(2) The registering authority referred to in sub-section (1) shall forward within such time and in such manner as may be prescribed, one copy of the declaration referred to in sub-section (1), to the prescribed officer, within





whose jurisdiction the land which is the subject matter of the transfer or the major part thereof is situated.

(3) On receipt of the copy of the declaration under sub-section (2), the prescribed officer may obtain such information as may be necessary and take such action as he deems fit in accordance with the provisions of this Act, and in accordance with such rules as may be made in this behalf.



82. Reporting of illegal transactions.—Every village officer and every officer of the Revenue, Registration and Land Records Departments shall report to the 1[x x x]1 prescribed authority, 2[x x x]2, every transaction in respect of any land in contravention of any of the provisions of this Act, 3[as they stood before and as they stand after the date of commencement of the Amendment Act]3 which comes to the notice of such officer.



83. Inquiry regarding illegal transactions.—The prescribed authority shall, after a summary inquiry, determine whether the transaction reported to it under section 82 or coming to its notice in any other manner is in contravention of 1[or is unlawful or invalid under]1 the provisions of this Act, 2[as they stood before or as they stand after the date of commencement of the Amendment Act]2 and make a declaration accordingly. Any transaction so declared to be in contravention of 1[or is unlawful or invalid under]1 any of the provisions of this Act, 2[as they stood before or as they stand after the date of commencement of the Amendment Act]2 shall be null and void. 2[The land in respect of which such transaction has taken place shall, as penalty, be forfeited to and vest in the State Government 3[free from all encumbrances]3. No amount is payable therefor



72. Amount payable for lands surrendered to and vesting in the State Government.—(1) Save as otherwise provided in this Act, the amount payable in respect of land to be taken over by the State Government under sections 68, 70, 71, 79A and 79B shall be determined with reference to the net annual income derivable from the land in accordance with the following scale, namely:—

(i) for the first sum of rupees five thousand or any portion thereof of the net annual income from the land, fifteen times such sum or portion;

(ii) for the next sum of rupees five thousand or any portion thereof of the net annual income from the land, twelve times such sum or portion;

(iii) for the balance of the net annual income from the land, ten times such balance:

Provided that where the land taken over by the State Government is D Class land referred to in Part A of Schedule I, an amount equal to twenty times the net annual income thereof shall be payable.

(2) For the purpose of sub-section (1), the net annual income from the land shall be deemed to be the amount payable as annual rent in respect of the land as specified in section 8. But where in a land assessed as wet land or dry land, the owner has raised fruit bearing trees, the net annual income of such land for purposes of sub-section (1) shall be determined on the basis of assessment for garden land which could have been levied having regard to the nature of the fruit bearing trees.



(3) The amount under sub-section (1) shall be payable as follows:—

(a) to the tenant, if any, in possession of the land, an amount equal to one year’s net annual income;

(b) to the owner, the balance.

(4) Where there are wells or other structures of a permanent nature on the land, constructed by the owner then, the value thereof calculated in the prescribed manner shall also be payable.

(5) Notwithstanding anything in sub-sections (1) and (4), the aggregate amount payable according to the said sub-sections shall not exceed rupees two lakhs.

2[(6) x x x]1



109. Certain lands to be exempt from certain provisions.—(1) Subject to such rules as may be prescribed and the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), the State Government may, by notification, exempt, any land in any area from the provisions of sections 63, 79A, 79B or 80 to be used for,—

(i) industrial development, the extent of which shall not exceed twenty units;

(ii) educational institutions recognised by the State or Central Government to be used for non-agricultural purpose the extent of which shall not exceed four units;

(iii) places of worship to be specified by Government by notification which are established or constructed by a recognised or registered body for non-agricultural purpose, the extent of which shall not exceed one unit;

(iv) a housing project, approved by the State Government the extent of which shall not exceed ten units;

(v) the purpose of horticulture including floriculture and agro based industries the extent of which shall not exceed twenty units:

Provided that the Deputy Commissioner may also exercise the powers of the State Government under this sub-section, subject to the restrictions and in the manner specified therein, in respect of the land to be used for,-

(i) industrial development, the extent of which shall not exceed ten units;

(ii) educational institutions recognised by the State or Central Government to be used for non-agricultural purpose the extent of which shall not exceed two units;

(iii) places of worship to be specified by Government by notification which are established or constructed by a recognised or a registered body for non-agricultural purpose, the extent of which shall not exceed one fourth of a unit;

(iv) a housing project, approved by the State Government the extent of which shall not exceed ten units;



(v) the purpose of horticulture including floriculture and agro based industries the extent of which shall not exceed ten units.

(1A) Notwithstanding anything contained in sub-section (1), the State Government may in public interest and for reasons to be recorded in writing, by notification and subject to the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and such restrictions and conditions as may be specified by it, exempt any extent of land from the provisions of sections 63, 79A, 79B or 80]4 for any specific purpose.

Provided that the Deputy Commissioner other than the Deputy Commissioner of Bangalore Rural District and the Deputy Commissioner of Bangalore District, may subject to the restrictions and the manner specified in this sub-section exercise the power of the State Government to grant exemptions to an extent not exceeding half hectare of land.



(2) Where any condition or restriction specified in the notification under sub-section (1), has been contravened, the State Government or as the case may be, the Deputy Commissioner may after holding an enquiry as it or he deems fit, cancel the exemption granted under that sub-section and the land in respect of which such cancellation has been made, shall, as penalty be forfeited to and vest in the State Government free from all encumbrances. No amount is payable therefor.





KARNATAKA LAND REFORMS RULES:





RULE 38-B. Conditions and Guidelines for grant of exemption under Section 109.—



(l)



(a) Exemption under Section 109, for the purpose of industrial development including tourism projects may be granted.—

(i) in case of Tiny Industry upto one quarter unit of agricultural land, on the recommendation of the District Level Single Window Agency headed by the Deputy Commissioner;

(ii) in case of Small Scale Industry, upto one unit of agricultural land, on the recommendation of District Level Single Window Agency headed by the Deputy Commissioner;

(iii) in case of Medium and Large Scale Industry having a total investment upto rupees fifty crores and requiring land upto five units, on the recommendation of the State Level Single Window Agency headed by the Principal Secretary to Government, Commerce and Industries Department;

(iv) in case of Medium and Large Scale Industry having a total investment of more than fifty crores and requiring land upto twenty units, on the recommendation of the High Level

Committee/ Land Audit Committee headed by the Minister in-charge of Large and Medium Scale Industries.



Explanation.—Tiny and Small Scale Industry, Medium and Large Scale Industry shall have the same meaning as defined in Government Order No. CI 130 SPC 96, dated 15-3-1996 or such other order as may in this behalf be issued from time to time.





(b) while making recommendations for exemption the committees specified in clause (a), shall be guided by.—

I. the zonal regulations annexed to the comprehensive development plan or outline development plan under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963);

II. the suitability of the land for the proposed project of the industrial unit keeping in view the locational aspect, availability of infrastructures like water, power, communication etc., and environmental and ecological aspects; and

III. the extent of land required/ keeping in view the nature and size of the proposed project, financial outlay, capacity of the enterprenuer, technical feasibility and economic viability;

(2)



(a) Exemption under Section 109, for the purpose of Educational Institutions, may be granted on the recommendation of the Deputy Commissioner within whose local limits of jurisdiction the educational institution is situate or in the case of a branch of such institution, such branch institution is situate;



(b) While making recommendation for exemption under this sub-rule, the Deputy Commissioner shall be guided by.—

(i) the zonal regulations annexed to the comprehensive development plan or the outline development plan under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963);

(ii) the suitability of the land for the proposed purpose;

(iii) the necessity and extent of land required keeping in view the nature and size of the institution.



Explanation.—For the purpose of this sub-rule the term "Educational Institution" shall include a Hostel or a Vocational Educational Institution.





(3)



(a) Exemption under Section 109, for the purpose of places of worship, may be made on the recommendation of the Deputy Commissioner in whose local limits of jurisdiction the place of worship is situate;



(b) While making recommendation for exemption the Deputy Commissioner shall be guided by the following, namely.—

(I) Whether the place of worship is governed by any of the following Acts, namely.—

(i) Religious Endowments Act 1863 (Central Act 20 of 1863);

(ii) The Charitable Endowments Act, 1890 (Central Act 6 of 1890);

(iii) The Coorg Temple Fund, Management Regulation, 1892 (Regulation No. 4 of 1892);

(IV) The Charitable and Religious Trust Act, 1920 (Central Act No. XIV of 1920);

(v) Karnataka Religious and Charitable Institutions Act, 1927 (Karnataka Act 7 of 1927);

(vi) The Bombay Public Trust Act, 1950 (Bombay Act 29 of 1950);

(VII) The Madras Hindu Religious and Charitable Endowment Act, 1951 (Madras Act 19 of

1951);

(VIII) The Wakf Act, 1995 (Central Act 43 of 1995);

(ix) The Hyderabad Endowment Regulation (Fasli 1349) or is registered under the Indian

Trusts Act, 1882 (Central Act 2 of 1882) or under the Karnataka Societies Registration

Act, 1960 (Karnataka Act 17 of 1960) or under any other law for the time being in

force.

(II) The zonal Regulations annexed to the Comprehensive Development Plan or Outline Development Plan under the Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963).

(III) The suitability of the land for the purpose of place of worship, keeping in view the maintenance of peace and harmony. Wherever necessary the Deputy Commissioner shall also obtain a no objection certificate from the concerned local authority.





(4)



(a) Exemption under Section 109, for the purpose of a Housing Project, may be made on the recommendation of the State Level Single Window Agency constituted for this purpose;



(b) While making recommendation for exemption the Single Window Agency shall be guided by the following, namely.—

(i) Whether a no-objection certificate has been obtained by the applicant from the concerned Planning Authority or the Urban Development Authority or Local Authority, as the case may be;

(ii) The financial resources, technical feasibility, economic viability, capacity of the person seeking such exemption, and provision for public utility, playground and such other civic amenities, and availability of water and power supply etc.;

(iii) The comprehensive project report covering all the aspects;

(iv) Suitability of the project from the environmental and ecological aspects;

(v) any other relevant consideration.



(c) Exemption granted under this sub-rule shall be subject to the following conditions.—



(i) Out of the total area available for housing, as per land use classification under Outline Development Plan or Comprehensive Development Plan, published under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) or classified by or under any other law providing for regulation of housing activity, thirty per cent of the land shall be earmarked for Low Income Group Housing and twenty per cent for Middle Income Group Housing:

Provided that in the case of a housing project on a land not classified under the Outline Development Plan or Comprehensive Development Plan, the project shall be drawn up in consultation with the Director of Town Planning.

Explanation.—For the purpose of this rule 'Low Income Group Housing' and 'Middle Income Group Housing7 means norms as prescribed by the Housing and Urban Development Corporation from time to time.



(ii) The area meant for roads and parks shall be developed by the applicant in accordance with the project report and then transferred to the Urban Development Authority or the Local Authority, as the case may be;



(iii) Any other conditions as the State Government may specify.





(5)



(a) Exemption under Section 109 for the purpose of Horticulture including Flouriculture and Agro-based industry, shall be made.—



(i) In respect of a project requiring upto two units of land on the recommendation of the District Level Single Window Agency headed by the Deputy Commissioner;



(ii) In respect of a project requiring land in excess of two units but not exceeding ten units, on the recommendation of the State Level Single Window Agency headed by the Principal Secretary to Government, Agriculture and Horticulture Department;



(iii) In respect of a project requiring more than ten units on the recommendation of the High Level Committee headed by the Minister in-charge of Agriculture or the Minister in-charge of Horticulture, as the case may be.



(b) While making recommendation for exemption, the Committee specified in clause (a) above shall be guided by the following, namely.—

(i) The zonal regulations annexed to the Comprehensive Development Plan or Outline Development Plan under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963);

(ii) The suitability of the land for the proposed project;

(iii) the necessity and extent of land required keeping in view the nature and size of the project, financial outlay, capacity of the enterprenuer, technical feasibility and economic viability.





(c) Exemption under this sub-rule shall be granted subject to the following conditions, namely.—

(I) Total area to be used for non-agricultural purpose like office, cold storage, processing, factory building and staff quarters shall not exceed two units.

(II) The land shall be utilised for.—

(i) growing flowers; or

(ii) demonstration, nursery, research and development activities pertaining to

cultivation of new varieties, stabilisation of process of utilization of agricultural

products etc.; or

(iii) establishment of tissue culture laboratory, genetic engineering facilities etc.; or

(iv) any other purpose which would promote the growth of agro-based industries as

may be specified by the Department of Commerce and industries in

consultation with the Department of Agriculture and Horticulture, as the case

may be.

(III) The land shall not be used for growing any agriculture or horticulture based raw-materials.





RULE38-C Conditions and guidelines of exemption under sub-section (1-A) of Section 109.—





(1) Grant of exemption under sub-section (1-A) of Section 109 shall, depending on the purpose for which the exemption is granted, be in conformity with Rule 38-B, so far as they are not inconsistent with the general provisions of these rules.



(2) All exemptions under these rules shall be granted subject to clearance by the High Power Committee headed by the Chief Secretary constituted under Government Order No. CI 88 SPF 95, dated 4-11-1995 or such other orders made in this behalf from time to time.



(3) The High Power Committee while giving clearance to the project under this rule shall ensure, depending on the purpose for which exemption is sought, that the general conditions laid down under Rule 38-D are also satisfied.









RULE38-D. Application for grant of exemption.—





(1) Every application for exemption under Section 109 shall be made in Form 15-A along with a Court fee of rupees five to the concerned Deputy Commissioner.





(2) Immediately on receipt of the application the Deputy Commissioner shall cause it to be entered in a separate register maintained for each of the category depending on the extent of land sought to be exempted and the purpose for which exemption is sought. [He shall scrutinize the application in Form 15-A and the documents received from the applicant and fill up Form 15-AA] and after following the procedure specified in Rule 38-B, forward the application to the Government.





(3)

(a) The Deputy Commissioner shall after due verification of the application, in all cases, where he is not the recommending authority, transfer the same to the concerned recommending authority which shall along with its recommendation forward it to the Government.



(b) in the case of institution governed under sub-rule (3) of Rule 38-B, the Deputy Commissioner shall send the proposal through the Endowment Commissioner, who shall forward the same to the Government with his views.



(c) in the case of institutions governed under the Wakf Act, 1995, (Central Act 43 of 1995), the Deputy Commissioner shall consult the District Wakf Committee before sending the proposal to the Government.





(4) The exemption of land under these rules shall be subject to the following conditions, namely.—



(i) land shall be utilised for the purpose for which it is exemptee within two years from the date of issue of the Notification exempting the land and the exempted shall immediately after the expiry of two years from such date intimate in writing to the Government/ through the Deputy Commissioner concerned regarding the utilisation of the land for the purpose for which it was exempted. The Deputy Commissioner shall cause verification of the same by an Officer not below the rank of the Tahsildar within three months from the date of receipt of such intimation and shall record such verification in a separate register maintained for the purpose:

[Provided that where the Government is satisfied that for reasons beyond the control of the exemptee, the land is not utilised for the purpose for which the exemption was made, within two years from the date of issue of the notification exempting the said land, it may extend the time-limit further upto two years.]



(ii) The land shall not be appropriated for any purpose other than the purpose for which it is exempted:

Provided that it shall be lawful for the exemptee to obtain loan on the security of the land by creating a mortgage or other charge over his interest in the land, in favour of the Government or any Schedule Bank or a Co-operative Agricultural and Rural Development Bank or a Government company as defined in Section 3 of the Companies Act, 1956 in which not less than 51 per cent of the paid up share capital is held by the State Government or a Corporation owned or controlled by the Central Government or the State Government or both.



(iii) Where the land is exempted for a non-agricultural purpose such land shall be got converted for non-agricultural use under the provisions of the Karnataka Land Revenue Act, 1964.



(iv) Necessary permission shall be obtained from the concerned, if the exempted land falls under the Comprehensive Development Plan or Outline : . Development Plan.



(v) Any other condition as the State Government may by notification specify.















FORM 15-A
[See Rule 38-D]

Application for claiming/granting exemption under Section 109 of the Karnataka Land Reforms Act, 1961 (To be filled in by the Applicant/Institution).



1
Name of the Applicant/Institution with detailed address (in Block letters)


2
Purpose for which exemption is sought.


3
Date of Registration of the firm/institutions under the Indian Companies Act, Societies Registration Act or any Other law. (Copy of the Registration Document to be enclosed along with the Memorandum of Articles of Association) In case of Co-operative Housing Society, list of members to be enclosed).


4
(a) Registration Certificate issued by the Department of Industries and Commerce for having registered as an industry (copy to be enclosed)

(b) In case of Educational Institutions recognition letter/order issued by State/Central Government.

(c) Place of workship Notification issued by Government as detailed in Rule (3)(iii).

(d) Audit Report of the previous year of the Company.

(e) Deputy Registrar of Co/operative Societies Report.


5
(a) Agreement copy entered between the land owner and the applicant.

(b) enclose certified copies of RRs and Mutations issued by the Revenue Authorities.

(c) When and how the land/s has / have b een obtained by the

Seller(s). Furnish List.


6
. In such cases where seller has himself purchased the land he now proposes to sell.

(i) Whether the seller has obtained Permission from competent authority before purchasing that land.

(ii) If he is a Income Tax payee whether the Income Tax clearance certificate issued from the Income Tax Department is enclosed.

(iii) Whether any case under 79-A and B has been registered in respect of land now proposed to be sold.


7
If yes, details thereof.

(i) Whether the applicant is already having agricultural land in his/its name or in the name of any subsidiary institution/company. If so, furnish the details. Village, Taluk, Sy. No. extend category-A, B, C, D under Karnataka Land Reforms Act, In case of non-Agricultural land, the area in square meters and bifurcate utilised and non-utilised area.

(ii) Extent of land for which exemption is sought and justification thereof.


8
If income Tax payee copy of the Income Tax certificate issued from the Income Tax Department enclosed.




9
Whether the proposed land falls under Zoning regulations of the country and Town Planning Act/ 1961 (Certificate of the Concerned Planning Authority to be enclosed).




10
Source of finance for the proposed Project.




11
Copy of the Project Report.


12
Professional expertise of the applicant in the respective field.











place



date signature of the applicant institution







CASE LAW




M/S MURUDESHWARA CERAMICS LTD. & ANR v. STATE OF KARNATAKA & ORS [2001]


Section 109 of the Act confers power on the State Government to grant exemption in regard to a land in any area from the provisions of Sections 63, 79A, 79B and 80 of the Act to be used for industrial purposes, educational institutions, places of worship, a housing project or horticulture including floriculture or an agro based industry. Further, the Government has also the power even in the absence of such purposes to grant exemption in public interest. If the aspect that it is not with reference to any particular person or transaction such exemption is granted but it is with reference to a land such exemption is granted is borne in mind the interpretation and application of law becomes clear. It may be that such exemption could be granted before the acquisition of the land or thereafter when it is actually sought to be put to those particular uses, which are enumerated under Section 109 of the Act.





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NOTE: THIS RULES IS LIKELY TO COME INTO FORCE IN NEAR FUTURE AFTER PUBLISHING IN GAZETTE.

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CASE LAW ON LAND LAWS