(1) Rules governing the grant of lands for tea, coffee, cinchona and rubber cultivation are contained in Appendix N. to the Rules under the Land Revenue Code. (G.O. No. R. 2631-91—L.R. 445-28-17, dated 7th October 1929).
(2) The Deputy Commissioners are generally empowered to grant lands for coffee cultivation up to 15 acres in extent for upset price and by public auction up to a limit of 50 acres. Revenue Commissioner is empowered to grant lands for coffee cultivation either by auction or for upset price up to a limit of 100 acres. (G.O. No. R. 4042-52—L.R. 365-39-2, dated 8th January 1940 and Appendix N. to L.R.R.).
(3) Deputy Commissioners are empowered to confirm encroachments of coffee estates not exceeding 15 acres in extent on payment of reasonable upset price. (G.O. No. R. 3111-20—L.R. 287-38-2, dated 4th January 1939).
ACREAGE SETTLEMENT OF COFFEE LANDS.
(4) Under the acreage settlement of coffee lands effected under the rules above referred to, planters were given the option of paying either a fixed permanent acreage assessment of Rs. 1-8-0 on their estates, or holding them under a temporary tenure for the usual term of 30 years on an assessment of one rupee an acre, subject to revision at the end of that period. (1125-8, dated 22nd September 1885 ; R. 4693-703—L.R. 330-11-4, dated 18th November 1916; R. 10222-32—L.R, 301-17-5, dated 8th April 1918).
(5) Existing temporary tenures should be con¬verted into permanent ones on the condition of paying the difference between the temporary and permanent rates of assessment, i.e., eight annas an acre per annum from the date of the original settlement. (1881-82) to the date of application.
Note 1.—Partial remission of the difference will be given by Government in specially hard cases.
Note 2.—In the case of applications for conversion into permanent tenure of land held on temporary tenure, the payment of back assessment may be allowed in three or more instalments, as may be sanctioned by Government, on the merits of each case, (10222-32—L.R. 301-17-5, dated 8th April 1918)
(6) Relinquishments of the entire occupancy or of whole survey numbers may be accepted, whatever their area, subject to the conditions of Section 74 L.R.C. (G.O. No. 19451-9—R. 2065, dated 12th May 1894). When a portion of a survey number is relinquished, the relinquishment may be accepted, if the portion given up and that left after deducting the area given up are each not less than the prescribed minimum area for coffee lands. (Appendix H.L.R.R.).
COFFEE RULES NOT APPLICABLE TO MAIDAN PARTS.
(7) The coffee tenure or assessment is intended only to the malnad tracts and is not intended to be introduced into the maidan parts. Lands taken up for coffee cultivation in the maidan must be treated like land taken up for any other cultivation and ordinary survey assessment levied thereon. Such land may be granted without any sale, when it has no market value and shraya (favourable rates of tenure) may be allowed, when it is unoccupied waste and no applications on full assessment are forthcoming. (G.O. No. 302-10—R.F. 334-92, dated 1st July 1895).
(8) The assessment on relinquished or resumed coffee lands should not be written off but retained in the accounts, as in the case of other waste lands, and shown against a sub-head, "Coffee" under "Garden". (G.O. No. R. 5946-55—L.R. 304-06-2, dated 13th December 1906).
(9) One title-deed should be issued for each sepa¬rate estate; but if separate title-deeds are required for portions of an estate, it should be done before the issue of the single title-deed. But once they are issued no change by way of substituting one or more title-deeds is permissible. (G.O. No. 1125-8, dated 22nd September 1885).
(10) Certified copies of title-deeds may be given to persons whose names already appear in the title-deeds 01 register. (G.O. No. 24433-41—R. 3559, dated 21st June 1895).
(11) No fresh title-deeds should be issued in cases of transfers by private sale or other transaction, court decree, inheritance, etc., nor can alterations be made in the original title-deeds. The decree of a court should be recognised by noting transfers or mutation of names in the pattas, (which should be regularly issued) as well as in the Khetwar and Khate. Pattas should be altered in pursuance of the alterations made from time to time in the khetwar and khate. (G.O. No. 7503-11—R. 2612, 20th March 1901).
(12) Fresh title-deeds are not issued by Govern¬ment for estates purchased from previous holders, but a note of the transfer of the patta should be recorded on the original title-deed. On application by the transferee, a transfer order in the form prescribed in Appendix VII will be issued by the Deputy Commissioner. (G.O. No. E. 10222-82—L.R. 301-17-5, dated 8th April 1918).
(13) When estates change hands, fresh title-deeds should not be granted ; but if the present proprietors wish for a patta, the same can be given by the Deputy Commissioner, after he holds an enquiry under Rule 70 L.R.R. Title-deeds are granted only to the original grantees of the land. (G.O. No. R. 2108-2116—L.R. 379-11-2, dated 14th October
1912) .
SUB-DIVISION OF COFFEE LANDS.
(14) The minimum area into which coffee lands may be sub-divided is fixed at 5 acres instead of 15 acres. (Order No. R. 4534-43—L.R. 297-28-50, dated 6th December 1928).
LEVY OF COFFEE CESS.
(15) Government ordered that the Act under which coffee cess is being levied be treated as repealed with effect from 23rd July 1949 and as such, levy of cess from that day be discontinued. (Letter No. A.F. 2378—R.S. dated 15th June 1955 from the Secretary to Government, Home, Forest and Agriculture
Departments to the Revenue Commissioner).
(16) The original settlement of coffee lands on a temporary tenure in the State was effected in the year 1881-82, with the usual survey guarantee of 30 years. The rate of assessment under the settlement on coffee lands .was Re. 1 per acre while on poor lands and grass lands, it was fixed at eight annas and four annas, respectively. (G.O. No. 3724-35—L.B. 10-25-13, dated 28th December 1926.)
The term of the original settlement of these lands expired in 1911-12, but retained for poor lands and grass lands. In view of the fact that the estates in Mysore had certain distinct advantages, in the matter of assess¬ment and profits derived from coffee industry and also in view of the rise in the price of coffee and the improve¬ments in communications for transport of produce, Government directed that a revised rate of Rs. 1-4-0 per acre be introduced with effect from the year 1926-27, with the usual guarantee of thirty years.
As regards Kadamane estates where cardamom is the main crop, the assessment was raised from 8 annas per acre to 12 annas per acre all round, subject to the condition regarding resignation of lands imposed in Government Order dated 20th February 1897. If these lands are utilised for purposes other than those for which they were originally granted, the tenure will be changed and a revised assessment fixed according to the merits of each case.
PHODING FEES FOR COFFEE, TEA AND CARDAMOM LANDS.
(17) Phoding fees to be levied on lands disposed of for coffee tea and cardamom cultivation is fixed at Rs. 40 per survey number when the area is 30 acres or less and Rs. 50 when the area exceeds 30 acres. (G.O. No. R. 144-57—L.S. 17-51-4, dated 4th April 1953).
CARDAMOM CULTIVATION.
(1) In the interests of expansion of cultiva¬tion and the development of the malnad, the cultivation of cardamom in the area prohibited for such cultivation in Government Order No. R. 4615-19—L.R. 280-14-12, dated 10th November 1915 is permitted without any restriction whatsoever. (G.O. No. R. 2464-74—L.R. 149-24, dated 28th October 1926).
(2) The minimum upset price on lands granted for cardamom cultivation is fixed at Rs. 20 per acre as in the case of coffee lands. (G.O. No. R. 5753-59—L.R. 197-47-4, dated 20th December 1949) .
(3) The ordinary darkhast rules apply to grant of lands for cardamom cultivation. The assessment on these lands should be recovered from the year of grant. (G.O. No. R. 2631-91—L.R. 445-28-17, dated 17th October
1929. Read with R.C.'s Circular No. Nil, dated 5th April 1930).
(4) No other cultivation than coffee can be permit-ied on lands given out on coffee tenure, but cultivation of cardamom on such lands is permitted without any restriction except that a margin of 25 yards should con¬tinue to be reserved round spring heads of sources of streams. (G.O. No. R. 6504-12—L.R. 181-21-50, dated 23rd May 1922; R. 2464-74—L.R. 149-24, dated 28th October 1926) .
(5) The period of tenure in the case of cardamom cultivation in the State Forests, should not be extended beyond 20 years. (G.O. No. R. 2780-2—Ft. 221-17-4, dated 26th August 1919). Alienations of holdings granted for cardamom cultivation in State Forests may be allowed, provided the terms of the original leases are adhered to and the first lessee remains responsible for the Government dues, in case of default by the alienee.
(6) The cultivation of cardamom is not a minor forest produce industry, but rural cultivation of cardamom in forests should be under the control of the Forest department. The Chief Conservator of Forests should not lease out areas out of State forests for cultivation of cardamom, and no leases should be entered into by him without the sanction of Government. (I.C. 6893-902—Ft. 292-22-11, dated 5th May 1924; I.C. 2492-501—Ft. 319-23-2, dated 5th October 1924).
GRANT OF GOMAL LANDS FOR CARDAMOM CULTIVATION.
(7) Before submitting for the orders of Govern¬ment, applications for the grant of gomal lands for carda¬mom cultivation, the Deputy Commissioners of malnad districts should require the District Forest Officer,^ by himself or one of his subordinates, or any qualified Revenue Officer to inspect the land applied for and record his opinion regarding the effect of its cultivation on any perennial springs or streams existing on or near the land in question. (G.O. No. 8582-90—R.F. 12-96, dated 31st March 1887; 5694-702—R. 1857, dated 24th December 1897) .
CULTIVATION WITHIN 50 YARDS MARGIN OF JUNGLE STREAMS.
(8) The prohibition contemplated in Government Order No. R. 2466-75—L.R. 41-09-5, dated 21st Sep¬tember 1909 of cardamom cultivation within a margin of 50 yards of perennial streams or springs is removed, subject to the condition that the trees on the lands granted are not removed. (G.O. No. R. 6354-6—L.R. 191-23-12, dated llth June 1924). As regards coffee lands, the limit of the margin is reduced from 50 to 25 yards.
CONVERSION OF COFFEE OR CARDAMOM LANDS INTO WET.
(9) The Revenue Commissioner is authorised to pass final orders in consultation with the Superintendent of Land Records in all cases of conversion of coffee or cardamom lands into wet where such permission will be to the advantage of Government as for instance when wet assessment is levied instead of the coffee rate and in others where the area does not exceed 15 acres. (G.O. No. R. 10186-95—L.R. 653-28-2, dated 8th June 1929).
CONTROL OVER THE EXPANSION OF TEA CULTIVATION.
(10) The extension of tea cultivation was totally prohibited in Mysore State, as per Government Order, No. D. 37-45 (A. & E.) 219-33, dated 19th June 1934. With the passing of the Tea Act, 1953 (Indian Parliament Act 29 of 1953) and made applicable to Mysore State, the control over the extension of tea cultivation is governed by the provisions of this Act. Chapter III of this act deals with the restrictions imposed on the exten¬sion of tea cultivation. The salient features of the Act bearing on the subject of Tea Cultivation are that no one shall plant tea on an area not planted with tea on the date of the commencement of this Act, except with the specific permission granted in writing by the Board con¬stituted under Section 4 of the Tea Act. Applications for such permission should be made to the Board specify¬ing clearly the special circumstances under which permis¬sion is sought for. The Board may by order grant or refuse the permission applied for or may in like manner grant it in part only or may call for further information from the applicant. No such order passed by the Board shall be called in question by any court. The Board has power to determine the area in any State in respect of which such permission may be granted and the total area determined for India as well as the total area for any State. Under special circumstances mentioned in Section 15 of the Tea Act, the Board has also the power to grant permission to cultivate tea, even in cases where no tea had been planted on the date of the commencement of this Act.
OTHER RULES FOR THE GRANT OF LANDS FOR RUBBER CULTIVATION.
(1) Revised rules are contained in Part II of Appendix N, to the Rules under the Land Revenue Code.
(2) No assessment need be charged for the raising of catch-crops on lands granted for rubber cultivation. The catch-crops should, however, be strictly subordinated to the cultivation of rubber and should cease to be raised when the rubber trees have begun to yield. (G.O. No. R. 5186-95— L.R. 183-11-2, dated 23rd March 1912).
(3) 'No land granted for rubber cultivation should be permitted to be used for coffee or cardamom cultivation except in special cases with the orders of Government. (G.O. No. 10708-18— L.R. 465-13-4, dated 1st May 1918).
Lands granted for cardamom cultivation may be used for rubber cultivation, with the permission of the Deputy Commissioner, in each case.
(2) The Deputy Commissioners are generally empowered to grant lands for coffee cultivation up to 15 acres in extent for upset price and by public auction up to a limit of 50 acres. Revenue Commissioner is empowered to grant lands for coffee cultivation either by auction or for upset price up to a limit of 100 acres. (G.O. No. R. 4042-52—L.R. 365-39-2, dated 8th January 1940 and Appendix N. to L.R.R.).
(3) Deputy Commissioners are empowered to confirm encroachments of coffee estates not exceeding 15 acres in extent on payment of reasonable upset price. (G.O. No. R. 3111-20—L.R. 287-38-2, dated 4th January 1939).
ACREAGE SETTLEMENT OF COFFEE LANDS.
(4) Under the acreage settlement of coffee lands effected under the rules above referred to, planters were given the option of paying either a fixed permanent acreage assessment of Rs. 1-8-0 on their estates, or holding them under a temporary tenure for the usual term of 30 years on an assessment of one rupee an acre, subject to revision at the end of that period. (1125-8, dated 22nd September 1885 ; R. 4693-703—L.R. 330-11-4, dated 18th November 1916; R. 10222-32—L.R, 301-17-5, dated 8th April 1918).
(5) Existing temporary tenures should be con¬verted into permanent ones on the condition of paying the difference between the temporary and permanent rates of assessment, i.e., eight annas an acre per annum from the date of the original settlement. (1881-82) to the date of application.
Note 1.—Partial remission of the difference will be given by Government in specially hard cases.
Note 2.—In the case of applications for conversion into permanent tenure of land held on temporary tenure, the payment of back assessment may be allowed in three or more instalments, as may be sanctioned by Government, on the merits of each case, (10222-32—L.R. 301-17-5, dated 8th April 1918)
(6) Relinquishments of the entire occupancy or of whole survey numbers may be accepted, whatever their area, subject to the conditions of Section 74 L.R.C. (G.O. No. 19451-9—R. 2065, dated 12th May 1894). When a portion of a survey number is relinquished, the relinquishment may be accepted, if the portion given up and that left after deducting the area given up are each not less than the prescribed minimum area for coffee lands. (Appendix H.L.R.R.).
COFFEE RULES NOT APPLICABLE TO MAIDAN PARTS.
(7) The coffee tenure or assessment is intended only to the malnad tracts and is not intended to be introduced into the maidan parts. Lands taken up for coffee cultivation in the maidan must be treated like land taken up for any other cultivation and ordinary survey assessment levied thereon. Such land may be granted without any sale, when it has no market value and shraya (favourable rates of tenure) may be allowed, when it is unoccupied waste and no applications on full assessment are forthcoming. (G.O. No. 302-10—R.F. 334-92, dated 1st July 1895).
(8) The assessment on relinquished or resumed coffee lands should not be written off but retained in the accounts, as in the case of other waste lands, and shown against a sub-head, "Coffee" under "Garden". (G.O. No. R. 5946-55—L.R. 304-06-2, dated 13th December 1906).
(9) One title-deed should be issued for each sepa¬rate estate; but if separate title-deeds are required for portions of an estate, it should be done before the issue of the single title-deed. But once they are issued no change by way of substituting one or more title-deeds is permissible. (G.O. No. 1125-8, dated 22nd September 1885).
(10) Certified copies of title-deeds may be given to persons whose names already appear in the title-deeds 01 register. (G.O. No. 24433-41—R. 3559, dated 21st June 1895).
(11) No fresh title-deeds should be issued in cases of transfers by private sale or other transaction, court decree, inheritance, etc., nor can alterations be made in the original title-deeds. The decree of a court should be recognised by noting transfers or mutation of names in the pattas, (which should be regularly issued) as well as in the Khetwar and Khate. Pattas should be altered in pursuance of the alterations made from time to time in the khetwar and khate. (G.O. No. 7503-11—R. 2612, 20th March 1901).
(12) Fresh title-deeds are not issued by Govern¬ment for estates purchased from previous holders, but a note of the transfer of the patta should be recorded on the original title-deed. On application by the transferee, a transfer order in the form prescribed in Appendix VII will be issued by the Deputy Commissioner. (G.O. No. E. 10222-82—L.R. 301-17-5, dated 8th April 1918).
(13) When estates change hands, fresh title-deeds should not be granted ; but if the present proprietors wish for a patta, the same can be given by the Deputy Commissioner, after he holds an enquiry under Rule 70 L.R.R. Title-deeds are granted only to the original grantees of the land. (G.O. No. R. 2108-2116—L.R. 379-11-2, dated 14th October
1912) .
SUB-DIVISION OF COFFEE LANDS.
(14) The minimum area into which coffee lands may be sub-divided is fixed at 5 acres instead of 15 acres. (Order No. R. 4534-43—L.R. 297-28-50, dated 6th December 1928).
LEVY OF COFFEE CESS.
(15) Government ordered that the Act under which coffee cess is being levied be treated as repealed with effect from 23rd July 1949 and as such, levy of cess from that day be discontinued. (Letter No. A.F. 2378—R.S. dated 15th June 1955 from the Secretary to Government, Home, Forest and Agriculture
Departments to the Revenue Commissioner).
(16) The original settlement of coffee lands on a temporary tenure in the State was effected in the year 1881-82, with the usual survey guarantee of 30 years. The rate of assessment under the settlement on coffee lands .was Re. 1 per acre while on poor lands and grass lands, it was fixed at eight annas and four annas, respectively. (G.O. No. 3724-35—L.B. 10-25-13, dated 28th December 1926.)
The term of the original settlement of these lands expired in 1911-12, but retained for poor lands and grass lands. In view of the fact that the estates in Mysore had certain distinct advantages, in the matter of assess¬ment and profits derived from coffee industry and also in view of the rise in the price of coffee and the improve¬ments in communications for transport of produce, Government directed that a revised rate of Rs. 1-4-0 per acre be introduced with effect from the year 1926-27, with the usual guarantee of thirty years.
As regards Kadamane estates where cardamom is the main crop, the assessment was raised from 8 annas per acre to 12 annas per acre all round, subject to the condition regarding resignation of lands imposed in Government Order dated 20th February 1897. If these lands are utilised for purposes other than those for which they were originally granted, the tenure will be changed and a revised assessment fixed according to the merits of each case.
PHODING FEES FOR COFFEE, TEA AND CARDAMOM LANDS.
(17) Phoding fees to be levied on lands disposed of for coffee tea and cardamom cultivation is fixed at Rs. 40 per survey number when the area is 30 acres or less and Rs. 50 when the area exceeds 30 acres. (G.O. No. R. 144-57—L.S. 17-51-4, dated 4th April 1953).
CARDAMOM CULTIVATION.
(1) In the interests of expansion of cultiva¬tion and the development of the malnad, the cultivation of cardamom in the area prohibited for such cultivation in Government Order No. R. 4615-19—L.R. 280-14-12, dated 10th November 1915 is permitted without any restriction whatsoever. (G.O. No. R. 2464-74—L.R. 149-24, dated 28th October 1926).
(2) The minimum upset price on lands granted for cardamom cultivation is fixed at Rs. 20 per acre as in the case of coffee lands. (G.O. No. R. 5753-59—L.R. 197-47-4, dated 20th December 1949) .
(3) The ordinary darkhast rules apply to grant of lands for cardamom cultivation. The assessment on these lands should be recovered from the year of grant. (G.O. No. R. 2631-91—L.R. 445-28-17, dated 17th October
1929. Read with R.C.'s Circular No. Nil, dated 5th April 1930).
(4) No other cultivation than coffee can be permit-ied on lands given out on coffee tenure, but cultivation of cardamom on such lands is permitted without any restriction except that a margin of 25 yards should con¬tinue to be reserved round spring heads of sources of streams. (G.O. No. R. 6504-12—L.R. 181-21-50, dated 23rd May 1922; R. 2464-74—L.R. 149-24, dated 28th October 1926) .
(5) The period of tenure in the case of cardamom cultivation in the State Forests, should not be extended beyond 20 years. (G.O. No. R. 2780-2—Ft. 221-17-4, dated 26th August 1919). Alienations of holdings granted for cardamom cultivation in State Forests may be allowed, provided the terms of the original leases are adhered to and the first lessee remains responsible for the Government dues, in case of default by the alienee.
(6) The cultivation of cardamom is not a minor forest produce industry, but rural cultivation of cardamom in forests should be under the control of the Forest department. The Chief Conservator of Forests should not lease out areas out of State forests for cultivation of cardamom, and no leases should be entered into by him without the sanction of Government. (I.C. 6893-902—Ft. 292-22-11, dated 5th May 1924; I.C. 2492-501—Ft. 319-23-2, dated 5th October 1924).
GRANT OF GOMAL LANDS FOR CARDAMOM CULTIVATION.
(7) Before submitting for the orders of Govern¬ment, applications for the grant of gomal lands for carda¬mom cultivation, the Deputy Commissioners of malnad districts should require the District Forest Officer,^ by himself or one of his subordinates, or any qualified Revenue Officer to inspect the land applied for and record his opinion regarding the effect of its cultivation on any perennial springs or streams existing on or near the land in question. (G.O. No. 8582-90—R.F. 12-96, dated 31st March 1887; 5694-702—R. 1857, dated 24th December 1897) .
CULTIVATION WITHIN 50 YARDS MARGIN OF JUNGLE STREAMS.
(8) The prohibition contemplated in Government Order No. R. 2466-75—L.R. 41-09-5, dated 21st Sep¬tember 1909 of cardamom cultivation within a margin of 50 yards of perennial streams or springs is removed, subject to the condition that the trees on the lands granted are not removed. (G.O. No. R. 6354-6—L.R. 191-23-12, dated llth June 1924). As regards coffee lands, the limit of the margin is reduced from 50 to 25 yards.
CONVERSION OF COFFEE OR CARDAMOM LANDS INTO WET.
(9) The Revenue Commissioner is authorised to pass final orders in consultation with the Superintendent of Land Records in all cases of conversion of coffee or cardamom lands into wet where such permission will be to the advantage of Government as for instance when wet assessment is levied instead of the coffee rate and in others where the area does not exceed 15 acres. (G.O. No. R. 10186-95—L.R. 653-28-2, dated 8th June 1929).
CONTROL OVER THE EXPANSION OF TEA CULTIVATION.
(10) The extension of tea cultivation was totally prohibited in Mysore State, as per Government Order, No. D. 37-45 (A. & E.) 219-33, dated 19th June 1934. With the passing of the Tea Act, 1953 (Indian Parliament Act 29 of 1953) and made applicable to Mysore State, the control over the extension of tea cultivation is governed by the provisions of this Act. Chapter III of this act deals with the restrictions imposed on the exten¬sion of tea cultivation. The salient features of the Act bearing on the subject of Tea Cultivation are that no one shall plant tea on an area not planted with tea on the date of the commencement of this Act, except with the specific permission granted in writing by the Board con¬stituted under Section 4 of the Tea Act. Applications for such permission should be made to the Board specify¬ing clearly the special circumstances under which permis¬sion is sought for. The Board may by order grant or refuse the permission applied for or may in like manner grant it in part only or may call for further information from the applicant. No such order passed by the Board shall be called in question by any court. The Board has power to determine the area in any State in respect of which such permission may be granted and the total area determined for India as well as the total area for any State. Under special circumstances mentioned in Section 15 of the Tea Act, the Board has also the power to grant permission to cultivate tea, even in cases where no tea had been planted on the date of the commencement of this Act.
OTHER RULES FOR THE GRANT OF LANDS FOR RUBBER CULTIVATION.
(1) Revised rules are contained in Part II of Appendix N, to the Rules under the Land Revenue Code.
(2) No assessment need be charged for the raising of catch-crops on lands granted for rubber cultivation. The catch-crops should, however, be strictly subordinated to the cultivation of rubber and should cease to be raised when the rubber trees have begun to yield. (G.O. No. R. 5186-95— L.R. 183-11-2, dated 23rd March 1912).
(3) 'No land granted for rubber cultivation should be permitted to be used for coffee or cardamom cultivation except in special cases with the orders of Government. (G.O. No. 10708-18— L.R. 465-13-4, dated 1st May 1918).
Lands granted for cardamom cultivation may be used for rubber cultivation, with the permission of the Deputy Commissioner, in each case.
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