REASON FOR SUCH DECISION IS THERE IS NO CUT OF DATE PRESCRIBED IN CENTRAL AMENDMENT AND HENCE CENTRAL AMENDMENT UPHELD STRICKING STATE AMENDMENT.
KARNATAKA HIGH COURT HAS RECOGNISED WOMEN RIGHT TO PROPERTY OF JOINT FAMILY IRRESPECTIVE OF CUT OF DATES OF MARRIAGE
READ THIS PAPER REPORT FROM KANNADAPRABHA 19-09-07 BY CLICK OVER IT
REASON FOR SUCH DECISION IS THERE IS NO CUT OF DATE PRESCRIBED IN CENTRAL AMENDMENT AND HENCE CENTRAL AMENDMENT UPHELD STRICKING STATE AMENDMENT.
REASON FOR SUCH DECISION IS THERE IS NO CUT OF DATE PRESCRIBED IN CENTRAL AMENDMENT AND HENCE CENTRAL AMENDMENT UPHELD STRICKING STATE AMENDMENT.
GREEN BELT AND GRAMA THANA LANDS
There is a land within 120 metres from a village. Gram Thana land can be within 200 metres from the village. Under what provision is this there?
Rural Development and Panchayat Raj Secretariat
CIRCULAR No. RDP 124 BAC 90, Bangalore, dated 19th April, 1990
Sub: Comprehensive Development Plan of Bangalore—Re-vised Green Belt—Maintenance of—Revised instructions.
1. In Government Circular No. RDC 31 MIS 84, dated 20th August, 1984, it has been directed that the Village Panchayats located within the areas in the revised 'Green Belt' around Bangalore shall not issue licenses for any constructions or any building activities beyond their present 'Gramathanas' and 200 meters from the limits of these Gramathanas.
2. It has been decided by the Government that in order to avoid hapazard growth of village limits the village panchayats should be stopped from issuing licenses for construction in areas beyond the present Gramathana limits.
3. Now therefore in exercise of powers conferred by sub-section (3) of Section 54 of the Karnataka Village Panchayat and Local Board Act, 1959 and in supersession of the instructions issued earlier the Government of Karnataka, hereby direct that all the Village Panchayts concerned within the areas coming under the revised Green Belt as shown in the annexure appended hereto shall not issue licenses for construction of any building beyond their approved Gramathana limits and to hereafter restricted the exercise of such powers by the Village Panchayts/Mandal Panchayats to the licensing of construction of building only within the respective Gramathana limits and not upto 200 meters beyond these limits.
4. Suitable instructions may be issued to all concerned. A compliance report on the action taken in this behalf should be sent to Government by the Deputy Commissioner, Bangalore (Urban) District, Bangalore immediately.
]. RAGHAVENDRACHAR.
Desk Officer,Mandai Panchayat,
R.D. & P. Raj Department.
Can this be agricultural or non-agricultural land?
Advice: The land is only kept out of green belt area, it may be agricultural or non agricultural depending upon it's permitted use by proper authorities.
Is conversion required?
Advice: Yes conversion is required through Deputy Commissioner.
Is there a restriction on acquisition of Gram Thana land?
Advice:No such restrictions is found by me.
If a sale deed is made mentioning gram thana land, on what basis is stamp duty paid; agricultural land or gram thana land?
Advice: If it comes within grama thana limit and it is agricultural land having RTC then stamp duty is on such agricultural land value fixed by department.
GREEN BELT AREA - GRAM THANA LAND - FAQ
There is a land within 120 metres from a village. Gram Thana land can be within 200 metres from the village. Under what provision is this there?
Rural Development and Panchayat Raj Secretariat
CIRCULAR No. RDP 124 BAC 90, Bangalore, dated 19th April, 1990
Sub: Comprehensive Development Plan of Bangalore—Re-vised Green Belt—Maintenance of—Revised instructions.
1. In Government Circular No. RDC 31 MIS 84, dated 20th August, 1984, it has been directed that the Village Panchayats located within the areas in the revised 'Green Belt' around Bangalore shall not issue licenses for any constructions or any building activities beyond their present 'Gramathanas' and 200 meters from the limits of these Gramathanas.
2. It has been decided by the Government that in order to avoid hapazard growth of village limits the village panchayats should be stopped from issuing licenses for construction in areas beyond the present Gramathana limits.
3. Now therefore in exercise of powers conferred by sub-section (3) of Section 54 of the Karnataka Village Panchayat and Local Board Act, 1959 and in supersession of the instructions issued earlier the Government of Karnataka, hereby direct that all the Village Panchayts concerned within the areas coming under the revised Green Belt as shown in the annexure appended hereto shall not issue licenses for construction of any building beyond their approved Gramathana limits and to hereafter restricted the exercise of such powers by the Village Panchayts/Mandal Panchayats to the licensing of construction of building only within the respective Gramathana limits and not upto 200 meters beyond these limits.
4. Suitable instructions may be issued to all concerned. A compliance report on the action taken in this behalf should be sent to Government by the Deputy Commissioner, Bangalore (Urban) District, Bangalore immediately.
]. RAGHAVENDRACHAR.
Desk Officer,Mandai Panchayat,
R.D. & P. Raj Department.
Can this be agricultural or non-agricultural land?
Advice: The land is only kept out of green belt area, it may be agricultural or non agricultural depending upon it's permitted use by proper authorities.
Is conversion required?
Advice: Yes conversion is required through Deputy Commissioner.
Is there a restriction on acquisition of Gram Thana land?
Advice:No such restrictions is found by me.
If a sale deed is made mentioning gram thana land, on what basis is stamp duty paid; agricultural land or gram thana land?
Advice: If it comes within grama thana limit and it is agricultural land having RTC then stamp duty is on such agricultural land value fixed by department.
KARNATAKA LAW OF INAM LANDS AND SERVICE INAMS
THE MYSORE (PERSONAL AND MISCELLANEOUS) INAMS ABOLITION ACT, 1954 [MYSORE ACT No, 1 OF 1955]
This Act brought out to provide for the abolition of personal inams and certain miscellaneous inams in the [Karnataka Area] except Bellary District. After vesting in Government, the only right of the landlord or tenant is to apply for grant of occupancy. When State grants occupancy, it confers fresh title, all prior rights being extinguished. "Inam" includes an inam village and a minor inam. "Inamdar" means a person holding in trust or owing for his own benefit an inam village or a minor inam or a share therein and includes the successors in interest of an inarndar; and Where an inamdar is a minor or of unsound mind or an idiot, his guardian, committee or other legal curator; where an inamdar is a joint Hindu family, such joint Hindu family; "Inam village" means an alienated village whether Sarvamanya, Jodi or Khayamgutta or a portion of such village; "Minor inam" means 'an alienated holding other than an inam village/ situated in an alienated village or in an unalienated village.
TYPES OF INAMS COVERED UNDER THE ACT
Personal inams: (including the Yelandur Jahgir but excluding any enfranchised inam in respect of which full land revenue assessment is payable) means a grant of a village, portion of a village, land or total or partial exemption of land revenue, entered in the register of inams, quit-rent register, alienation register, or any revenue account maintained by or under the authority of Government. In the case of personal inam, as personal inam, Brahmadaya inam, Agrahara inam, Shrotrium inam, Khayamgutta, Bhatamanya, Bharta Vrithi or Bramhadaya, Nanparvarsh inam, Raktakodigi or Netra Vattada inam, Ambiga inam, Anche Javan inam, Gollur inam, Palki inam, Sangitagar inam, Kaviswara inam, Fireworks inam/ Bhattaraju inam, Bombe or Bommalata inam, Killekyatara inam, Ghante Kodigi inam, Mondi inam, Budubudike inam, Punchangi inam and Pitteddala inam;
Khayamgutta villages; means a grant of a village, portion of a village, land or total or partial exemption of land revenue, entered in the register of inams, quit-rent register, alienation register, or any revenue account maintained by or under the authority of Government.
Kodagi or Bawadi Daswandam inams, means a grant of a village, portion of a village, land or total or partial exemption of land revenue, entered in the register of inams, quit-rent register, alienation register, or any revenue account maintained by or under the authority of Government. In the case of Kodagi or Bawadi Daswandam inam, as Kodgi inam or Bawadi Daswandam inam;
Miscellaneous service inams (including artisan inams, and excluding village service inams held by Shanbhogs and Patels, Thotis, Talaris and Nirgantis) means a grant of a village, portion of a village, land or total or partial exemption of land revenue, entered in the register of inams, quit-rent register, alienation register, or any revenue account maintained by or under the authority of Government. In the case of artisan inam, as Barber or Hajam inam, Blacksmith or Lohar inam, Washerman or Dhobi inam, Carpenter or Badagi inam, Nirganti or Kolavar or Munugu inam, potter or Kumbar inam, Cobbler or Chamber inam, Scavenger or Madigar inam. In the case of Miscellaneous Service inam, as Devadaya Service inarn, Bhuta inam, Uttar, Pujari inam, Nandadipa inam, Naivedya inarn, Mantrapushpa inam, Parayana inam, Huvina inam, Vyasa Puje inam, Rathotsava inam or Teru, Manya, Dadder inarn, Rakhavale inam, Tafe inam, Maha Purush inam, Karokal inam, Karadivadya inam, Jangam or Puravasaga inam, Lingadavira inam, Asadi inam, Potruju inam, Saraga inam, Dasari or Konlikar inam, Bhajantri inam, Sringanada inam, Karadivadya inam, Jangam or Puravaraga inam, Lingadavira inam, Asadi inam, Potruju inarn, Saraga inam Pindemanya, Sagavaii inam, Karagada inam, Kannadi inam, Gollur inam, Sweeper inam, Masalchi inam, Jain Basti inam, Masjid inam, Darga inam, Khayi inam, Bhairagi and Gosayi inam, Chuttram inam, Tope inam, Avenue inam, Despandya inam, Desamukhi inam, Desakulkarni inam, Nadiga inam, Nadagovidike inam, Setti inam, Chelvadi inam, Sayer Shanbog inam, Kote and Buraj inam, Sunnakallu inam, Pattari or Shroff inam, Medar inam, Kurubar inam, Kerebandi, Kerekona or Khulgri inam, Sunna kallu inam, and Gidekaval Hasargaval Kavalgar.
VESTING OF INAM IN THE STATE AND ITS CONSEQUENCES
SECTION 3:- When the notification under sub-section (4) of Section 1 in respect of any inam has been published in the Karnataka Gazette, then notwithstanding anything contained in any contract, grant or other instrument or in any other law for the time being in force, with effect on and from the date of vesting, and save as otherwise expressly provided in this Act/ the following consequences shall ensue, namely.—
a) the provisions of the Land Revenue Code relating to alienated holdings shall, except as respects minor inams to .. ; which this Act is not applicable, be deemed to have been repealed in their application to the inam; and the provisions of the Land Revenue Code and all other enactments applicable to unalienated villages shall apply to the said inam;
b) all rights, title and interest vesting in the inamdar including those in all communal lands, uncultivated lands, whether assessed or not, waste lands, pasture lands, forests, mines and minerals, quarries, rivers and streams, tanks and irrigation works, fisheries and ferries shall cease and be vested absolutely in the State of Karnataka/ free from all encumbrances;
c) the inamdar shall cease to have any interest in the inam other than the interests expressly saved by or under the provisions of this Act;
d) all rents and land revenue including cesses and royalties accruing in respect of lands comprised in such inam on or after the date of vesting shall be payable to the State and not to the inamdar and any payment made in contravention of this clause shall not be valid;
e) all arrears of revenue, whether as jodi, quit-rent, or khayarngutta, and cesses, remaining lawfully due on the date of vesting in respect of any such inarn shall after such date continue to be recoverable from the inamdar by whom they were payable and may, without prejudice to any other mode of recovery, be realised by the deduction of the amount of such arrears and cesses from the compensation money payable to such inamdar under this Act;
f) no such inam shall be liable to attachment or sale in execution of any decree or other process of any Court and any attachment existing on the date of vesting or any order for attachment passed before such date in respect of such inam, shall, subject to the provisions of Section 73 of the Transfer of Property Act, 1882, cease to be in force;
g) the Government may, after removing any obstruction that may be offered/ forthwith take possession of the inam and all accounts, registers, pattas, mutchalikas, maps, plans and other documents relating to the inam which the Government, may require for the administration thereof: Provided that the Government shall not disposses any person of any land in respect of which they consider that he is prima fade entitled to be registered as the occupant or as the holder of a minor inam [or to be continued as a tenant;]
h) the inamdar and any other person whose rights have vested in the State of Karnataka under clause (b) shall be entitled only to compensation from the Government as provided in this Act;
i) the relationship of landlord and tenant shall, as between the inamd ar and a kadim tenant or permanent tenant or quasi-permanent tenant, be extinguished;
j) the relationship of superior holder and inferior holder shall, as between the inamdar and the holder of a minor inam, be extinguished;
k) Kadim tenants, permanent tenants and quasi-permanent tenants in the inam and persons holding under them and holders of minor inams shall, as against the Government, be entitled only to such rights and privileges and be subject to such conditions as are provided for by or under this Act; and any other rights and privileges which may have accrued to them in the inam before the date of vesting against the inamdar shall cease and determine and shall not be enforceable against the Government or such inamdar.
THE MYSORE (RELIGIOUS AND CHARITABLE) INAMS ABOLITION ACT, 1955 [MYSORE ACT No. 18 OF 1955]
This Act to provides for the abolition of Religious and Charitable inams in the [Karnataka Area] except Bellary District. It applies to Religious inams including the Sringeri Jahgir; and Charitable inams. 'Religious inam', or 'charitable mam', means a grant of a village, portion of a village or land entered in the register of inams/ quit-rent register, alienation register, or any revenue account maintained by or under the authority of Government as Devadaya inam or Dharmadaya inam, as the case may be.
THE KARNATAKA VILLAGE OFFICES ABOLITION ACT, 1961 [KARNATAKA ACT NO. 14 OF 1961]
The definition of a 'village office' contained in the Act speaks not only of a village office to which there was before the commencement of the Constitution, an absolute family or hereditary right such as the village offices of the districts of Raichur, Bidar and Gulbarga which were in the erstwhile State of Hyderabad, but also of village offices to which the appointment was exercised primarily in favour of a person who belonged to particular family although he could not be so appointed if he did not have the prescribed eligibility. That is the meaning of the expression 'held hereditarily' occurring in the definition. The following offices in the State stand abolished:
(a) Posts of shanbhogs and patels of the old Mysore area; (b) kamams of Bellary and Kollegal; (c) shanbhogs in South Kanara; (d) stipendiary village accountants
appointed before the commencement of the Act in the old Mysore and Hyderabad
areas; (e) posts of all stipendiary patels in every part of the State; and (f) village servants or holders of inferior village offices.
Posts of talatis which replaced the posts of Kulkarnis in the old Bombay area, posts of village accountants in the North Kanara called Talati, and the posts of shanbhog in Coorg, not being hereditary are not abolished.
Under section 5 (3) :- The occupancy or the ryotwari patta of the land, as the case may be, re-granted under sub-section (1) shall not be transferable otherwise than by partition among members of Hindu Joint Family for a period of fifteen years from the date of regrant made on or after the date of commencement of the Karnataka Village Offices Abolition (Amendment) Act, 2003. Provided that such occupancy or the ryotwari patta in respect of land granted to the holder of a village office in an enfranchised inam shall be transferable with the previous sanction of the Deputy Commissioner which shall be granted on payment of an amount equal to fifteen times the amount of full assessment of the land.
Under Section 5(4) :- Any transfer of land in contravention of sub-section (3) shall be null and void and the land so transferred shall, as penalty, be forfeited to and vest in the State Government free from all encumbrances and any person in possession thereof shall be summarily evicted therefrom by the Deputy Commissioner and the land shall be disposed of in accordance with the law applicable to the disposal of unoccupied unalienated lands:
Provided that if the person who has transferred the land in contravention of sub-section (3) is not alive, while disposing of such land preference shall be given to the heirs of such person. Explanation.—For removal of doubts it is hereby declared that in subsection (3), and in this sub-section transfer includes creation of a lease.
Under Section 5(6) Notwithstanding anything contained in any law for the time being in force, any agreement for transfer of land resumed under clause (3) of Section 4, entered into prior to regrant thereof under sub-section (1), shall be null and void and any person in possession thereof in furtherance of such agreement shall be summarily evicted therefrom by the Deputy Commissioner.
Section 7. Eviction of unauthorised holders, etc.—(1) Where any land resumed under dause (3) of Section 4 is in the possession of an unauthorised holder such unauthorised holder shall be summarily evicted therefrom and the land shall be taken possession of by the Deputy Commissioner in accordance with law:
Provided that no such summary eviction shall be made except after giving the person affected a reasonable opportunity of making representation.
(2) Any order of eviction passed under sub-section (1) shall be final and shall not be questioned in any court of law and no injunction shall be granted by any court in respect of any proceeding taken or about to be taken by the Deputy Commissioner in pursuance of the power conferred by sub-section (1).
(3) The land from which an unauthorised holder is evicted under subsection (1) shall,
(a) if it was granted or continued in respect of or annexed to an inferior village office be regranted to the holder of such village office; and
(b) in other cases be disposed of in accordance with the law applicable to the disposal of unoccupied unalienated lands.
Section 7-A. Restriction on transfer, etc.—(1) No person shall transfer or acquire by transfer [for a period of fifteen years from the date of regrant made on or after the date of commencement (9-5-2003) of the Karnataka Village Offices Abolition (Amendment) Act, 2003 any land disposed or regranted under sub-section (4) of Section 5 or sub-section (3) of Section 7 and any transfer of such land in contravention thereof shall be null and void. The land so transferred shall vest in the State Government free from all encumbrances. The provisions of sub- section (5) of Section 5 shall mutatis mutandis apply to transfer of such land.
(2) Any person who acquires by transfer such land in contravention of sub-section (1) shall on conviction be punished with imprisonment which may extend to six months.
RELEVANT PROVISIONS OF LAND REFORMS ACT IN KARNATAKA
RELEVANT PROVISIONS OF THE KARNATAKA LAND REFORMS ACT, 1961
Section 2
Definitions : (A) In this Act, unless the context otherwise requires,-
(1) Agriclture includes-
(a) acquaculture,
(aa) horticulture,
(b) the raising of crops, grass or garden produce,
(c) dairy farming,
(d) poultry farming,
(e) breeding of livestock,
(f) grazing but does not include the cutting of wood only.
(2) Agricultural Labourer means a person whose principal means of livelihood is manual labour on land and includes an artisan whose principal means of livelihood is preparation of agricultural implements.
(11) To cultivate personally means to cultivate land on ones own account-
(i) by ones own labour; or
(ii) by the labour of any member of ones family or;
(iii) by hired labour or by servants on wages payable in cash or kind, but not in crop share, under the personal supervision of oneself or by member of ones family;
(12) Family means,-
(a) in the case of an individual who has a spouse or spouses, such individual, the spouse or spouses and their minor sons and unmarried daughters, if any;
(b) in the case of an individual who has no spouse, such individual and his or her minor sons and unmarried daughters;
(c) in the case of an individual who is a divorced person and who has not remarried, such individual and his minor sons and unmarried daughters, whether in his custody or not; and
(d) where an individual and his or her spouse are both dead, their minor sons and unmarried daughters.
(16) Intermediary means any person who, not being a land-owner, has an interest in the land, and is entitled by reason of such interest, to possession thereof but has lawfully transferred such possession to others;
(17) Joint family means in the case of persons governed by Hindu Law, an undivided Hindu family, and in the case of other persons, a group or unit the members of which are by custom joint in estate or residence;
(18) Land means agricultural land, that is to say, land which is used or capable of being used for agricultural purposes or purposes subservient thereto and includes horticultural land, forest land, garden land, pasture land, plantation and tope but does not include house-site or land used exclusively for non agricultural purposes
(25) Plantation Crops means cardamom, coffee, pepper, rubber and tea
(35A) Unit means one acre (40.47 ares) of A Class land, the soil classification value of which is fifty paise (eight annas) and above or an extent equivalent thereto consisting of one or more classes of other land specified in Part A of Schedule I determined in accordance with the formula in Part B of the said Schedule.
Section 55. Issue of Certificate of Registration
(1) on receipt of the final orders passed under sub-section (4) or sub-section (5) of Section 48-A, subject to such rules as may be prescribed, the Tahsildar shall issue a certificate that the tenant has been registered as an occupant. The certificate shall be conclusive evidence of such registration.
(2) The Tahsildar shall forward a copy of the certificate issued under sub-section (1) to the concerned Sub-Registrar who shall, notwithstanding anything contained in the Registration Act, 1908 (Central Act 16 of 1908) or any other law, register the same.
Section 61. Restriction on transfer of land of which tenant has become occupant.
(1) Notwithstanding anything contained in any law, no land of which the occupancy has been granted to any person under this Chapter shall within fifteen years 1[from the date of the final order passed in the tribunal under sub-section (4) or sub-section (5) or sub-section (5-A) of section 48-A] be transferred by sale, gift, exchange, mortgage, lease or assignment; but the land may be partitioned among members of the holders joint family
(2) Notwithstanding anything contained in sub-section (1), it shall be lawful
(3) Any transfer or partition of land in contravention of sub-section (1) shall be invalid and such land shall vest in the State Government free from all encumbrances and shall be disposed in accordance with the provisions of Section 77.
Section 63. Ceiling on land.
(1) No person who is not a member of a family or who has no family shall, except as otherwise provided in this act, be entitled to hold, whether as land owner, landlord or tenant or as a mortgagee with possession or otherwise or partly in one capacity and partly in another, land in excess of the ceiling area.
(2) The ceiling area for a person who is not a member of a family or who has no family or for a family shall be ten units :
Provided that in the case of a family consisting of more than five members the ceiling area shall be ten units plus an additional extent of two units for every member in excess of five, so however that the ceiling area shall not exceed twenty units in the aggregate.
(2-A) The ceiling area for a person who is tenant under clause (b) of sub-section (2) of Section 5 shall be forty units.
(3) In the case of a family the ceiling area shall be applied to the aggregate of the lands held by all the members of the family, including the stridhana land.
(4) In calculating the extent of land held by a person who is not a member of a family but is a member of a joint family and also in calculating, the extent of land held by a member of a family who is also a member of a joint family, the share of such member in the lands held by a joint family shall be taken into account and aggregated with the lands, if any, held by him separately and for this purpose such share shall be deemed to be the extent of land which would be allotted to such person had there been a partition of the lands held by the joint family.
(5) In respect of lands owned or held under a private trust,-
(a) where the trust in revocable by the author of the trust, such lands shall be deemed to be held by such author or his successor in interest; and
(b) in other cases, such lands shall be deemed to be held by the beneficiaries of the trust in proportion to their respective interests in such trust or the income derived therefrom.
Explanation. - Where a trust is partly private and partly public this sub-section shall apply only to lands covered by that part of the assets of the trust which is relatable
(6) In calculating the extent of land held by a person who is not a member of a family or who has no family or by a member of a family, the share of such person or member in the lands held by a co-operative farm shall be taken into account.
(7) (a) No educational, religious or charitable
(b) If any question arises where the income from the land is solely appropriated for the institution, society or trust, it shall be decided by the prescribed authority. The decision of the prescribed authority shall be final. Where the prescribed authority decides that the income is not so appropriated, the land held by the institution, society or trust shall be deemed to be surplus land and the provisions of Sections 66 to 76 shall, so far as may be, apply to the surrender to and vesting in the State Government of such land. The provisions of this sub-section shall have effect notwithstanding anything in this Act.
(8) (a) No sugar factory shall hold land except solely for purpose of research or seed farm or both. Where land is held by a sugar factory for such purpose the ceiling area shall be fifty units.
(b) If any question arises whether any land held by a sugar factory is solely used for the purpose of research or seed farm or both, the decision of the prescribed authority shall be final and the land not held for the said purpose shall be deemed to be surplus land and the provisions of Sections 66 to 76 shall, so far as may be, apply to the surrender to and vesting in the State Government of such land. The provisions of this sub-section shall have effect notwithstanding anything contained in this Act.
(9) In the case of any person holding land cultivated by plantation crops, the ceiling area in respect of other land held by him shall be determined taking into consideration, the agricultural land referred to in item (ii) of the Explanation to Section 104.
(10) Notwithstanding anything in the preceding sub-section, if any person has,-
(i) after the 18th November, 1961 and before the 24th January,1971 transferred any land the extent of which if added to the other land retained by him could have been deemed to be surplus land before the date of commencement of the Amendment Act; or
(ii) after the 24th January, 1971 transferred any land, otherwise than by partition or by donation to the Karnataka Bhoodan Yagna Board established under the Karnataka Bhoodan Yagna Act, 1963 (Karnataka Act 34 of 1963) or by sale to the tenant of such land in conformity with any law for the time being in force, then in calculating the ceiling area which that person is entitled to hold, the area so transferred shall be taken into account and the land exceeding the ceiling area so calculated shall be deemed to be in excess of the ceiling area notwithstanding that the land remaining with him may not in fact be in excess of the ceiling area.
If by reason of such transfer the persons holding is less than the area so calculated to be in excess of the ceiling area, then all his lands shall be deemed to be surplus land and the provisions of Sections 66 to 76 shall, as far as may be, apply to the surrender to and vesting in the State Government of such excess land.
Explanation.- For purposes of this sub-section the land shall be deemed to have been transferred if, it has been transferred by act of parties whether by sale, gift, mortgage with possession, exchange, lease or any other kind of disposition made inter vivos.
Section 64. Future acquisition of land. Where on account of transfer, gift, purchase, exchange, mortgage with possession, lease, surrender or any other kind of transfer inter vivos or by bequest or inheritance, partition or otherwise, any land is acquired or comes into possession of any person or family after the date of commencement of the Amendment Act and in consequence thereof the total extent of land held by suchperson or family exceeds the ceiling area permitted under Section 63, the excess land shall be deemed to be surplus land, and the provisions of Sections 66 to 76 shall, as far as may be, apply, to the surrender to and vesting in the State Government of such excess land.
Explanation. - In this section bequest includes -
(i) gift made in contemplation of death; and
(ii) gift to take effect after the happening of any event.
Section 74. Prohibition of alienation of holding. -On and from the date of commencement of the Amendment Act no person owning land in excess of the ceiling limit specified in Section 63 or 64 shall alienate his holding or any part thereof by way of sale, gift, exchange or otherwise until he has furnished a declaration under Section 66 and the extent of land if any, to be surrendered in respect of that holding has been determined and an order has been passed under Section 67 and any alienation made in contravention of this section shall be null and void.
Section 79-A. 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 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 inheritance 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.
Section 79-B. 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
(i) an educational, religious or charitable
(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.
Section 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 lawful
(i) who is not 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 Sections 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
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, to enable a person other than a person disentitled to acquire or hold land under Section 79-A or Section 79B who bonafide 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.
Section 81. Sections 79-A, 79-B and 80 not to apply in certain cases.- (1) Nothing in Section 79-A or Section 79-B or Section 80 shall apply to
(a) the sale, gift or mortgage of any land or interest therein in favour of the Government., 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 Nagarabhivru Pradhikaragala Adhiniyama, 1987 (Karnataka Act 34 of 1987)
(b) the mortgage of any land or interest therein in favour of -
(i) a co-operative society;
(ii) a financial institution
(iii) (iv)(v) [omitted]
(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 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 or 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.
Section 81-A. 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, 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 in such manner as may be prescribed, one copy of the declaration referred to in sub-section (1) to be 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.
Section 82. Reporting of illegal transactions.- Every village officer and every officer of the Revenue, Registration and Land Records Departments shall report to the prescribed authority every transaction in respect of any land in contravention of any of the provisions of this Act as they stood before and as they stand after the date of commencement of the Amendment Act which comes to the notice of such officer.
Section 104. Plantations.- The provisions of Section 38, Section 63 other than sub-section (9) thereof, Section 64, 79A, 79B and 80 shall not apply to plantations.
Section 107. Act not to apply to certain lands. (1) Subject to the provisions of Section 110, nothing in this Act, except Section 8, shall apply to lands;-
1. (a) Declaration is 81A necessary in cases where possession of agriculture land is transferred. Therefore it is not necessary to file declaration in case of deed of mortgage without possession, mortgage by Deposit of title deeds, a will deed and partition deed.
(b) Declaration form signed by the transferee can be filed by himself or by any person who is duly authorised by him through power of attorney but not by an advocate if he is not duly authorised through power of attorney but holds only a Vakalath [Clarification issued by Government RD 77 EST 67 dated 14-11-67]
(i) belonging to Government.
(ii) omitted
(iii) belonging to or held on lease by or from a local authority, an Agricultural Produce Marketing Committee constituted under the Karnataka Agricultural Produce Marketing Regulation Act, 1966 (Karnataka Act 27 of 1966), a University established by law in India, a research institution owned or controlled by the State Government or the Central Government or both an Agricultural Research Institution recognised by the State Government or the Central Government, the Karnataka Bhoodhan Yagna Board established under the Karnataka Bhoodhan Yagna Act, 1963 (Karnataka Act 34 of 1963);
(iv) given as a gallantry award;
(iv-a) granted by the State Government to a Research Institution affiliated to a University established by law in India
(v) used for such stud farms as are in existence on the 24th day of January, 1971 and approved by the State Government, subject to such rules as may be prescribed
(vi) used for the cultivation of linaloe;
(vii) held by the Coffee Board constituted under the Coffee Act, 1942 (Central Act 7 of 1942) for purposes of research, development or propaganda;
(viii) held by any corporation owned or controlled by the State Government or the Central Government or both
Provided that in the case of lands belonging to or held on lease from the Karnataka Bhoodhan Yagna Board, the exemption under this section shallnot be applicable if such lands were in the possession of tenants on the date of donation to the said Board:
Provided further that, notwithstanding anything contained in this sub-section, the extent of land leased to a local authority, a committee, a University, an institution, or a Board, referred to in clause III) shall count for the purpose of determining the surplus land to be surrendered by the owner thereof.
(2) Notwithstanding anything in sub-section (1), no person shall, after the date of commencement of the Amendment Act acquire in any manner for the cultivation of linaloe, land of an extent which together with the land cultivated by linaloe, if any, already held by him exceeds ten units.
(3) In respect of every acquisition contrary to sub-section (2), the provisions of Sections 66 to 76 shall mutatis mutandis apply.
Section 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 No.11 of 1963), the State Government may, by notification, exempt, any land in any area from the provisions of Sections 63, 79-A, 79-B 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 by 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.
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 No. 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, 79-A, 79-B or 80 for any specific purpose.
(2) Where any condition or restriction specified in the Notification under sub-section (1), has been contravened, the State Government, may, after holding an enquiry as it 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.
SCHEDULE I
PART A
[See Section 2(A)(35-A)
Classification of Lands
A Class
Lands having facilities for assured irrigation from such Government Canals and Government Tanks as are capable of supplying water for growing two crops of paddy or one crop of sugarcane in a year.
B Class
(i) Lands having facilities for assured irrigation from such Government Canals and Government Tanks as are capable of supplying water for growing only one crop of paddy in a year.
(ii) Lands irrigated by such lift irrigation projects constructed and maintained by the State Government as are capable of supplying water for growing two crops of paddy or one crop of sugarcane in a year.
C Class
(i) Lands irrigated from any Government sources of irrigation, including lift irrigation projects constructed and maintained by Government other than those coming under A Class and B Class.
(ii) Lands on which paddy crop can be raised or areca crop is grown with the help of rain water.
(iii) Lands irrigated by lifting water from a river or Government Canal or Government tank where the pumping installation or other device for lifting water is provided and maintained by the land owner.
OCCUPANCY RIGHTS CONFERRED ON TENANTS BY INAM LAW AND LRF DOES NOT ATTRACT PTCL ACT
WHETHER A TENANTED OCCUPANCY CONFERRED LAND ATTRACTS PTCL ACT - NO
UNDER MYSORE (PERSONAL AND MISCELLANEOUS) INAMS ABOLITION ACT, 1954, SECTION 5 — PERMANENT TENANTS ARE REGISTERED AS OCCUPANTS ON CERTAIN CONDITIONS. THE CONDITION DOES NOT INCLUDE ANY RESTRICTION ON ALIENATION.
1. Granted land — Definition of — Only Government land granted to person belonging to any Scheduled Caste or Scheduled Tribe, under provisions of any enactment, is to be considered as "granted land"
2. Tenanted inam land that stood vested in State Government consequent upon abolition of inams, does not become "granted land" when occupancy right in respect of land is conferred on tenant thereof, merely because tenant happened to be person belonging to Scheduled Caste or Scheduled Tribe — Vesting of tenanted inam land in State Government is not absolute but is subject to vested right of tenant to got occupancy conferred on him and conferment of occupancy right on tenant by Special Deputy Commissioner does not amount to making grant of land — Alienation of inam land by tenant after fitting occupancy right conferred on him is not hit by prohibition contained in Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.
3. Hon,ble Justice D.V. Shylendra Kumar, Held in a case of M. Munikenchappa v The Special Deputy Commissioner, Bangalore District, Bangalore and Others, Reported in 2004(3) Kar. L.J. 579.: The land in question was the subject-matter of the- order of the Special Deputy Commissioner exercising his jurisdiction under Section 5 of the Act. An order of this nature is one passed for recognizing a pre-existing right of a person who is already in possession. The Special Deputy Commissioner virtually functions as a Tribunal for such purposes, In respect of lands for which occupancy rights are conferred such a land cannot be construed as a 'granted land' under the provisions of Section 3(l)(b) of the Act. The subject land which was also the subject-matter of the order dated 3-2-1962 passed by the Special Deputy Commissioner and in exercise of his powers under Section 5 of the Inams Abolition Act, cannot be construed as a 'granted land' within the meaning of this phrase occurring in Section 3(l)(b) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.
UNDER SIMILAR CIRCUMSTANCES A CASE BEFORE FULL BENCH OF HIGH COURT OF KARNATAKA WAS DECIDED BY HON’BLE JUSTICES N.K. JAIN, H. RANGAVITTALACHAR AND V.G, SABHAHIT, HAS PASSED A SIMILAR JUDGEMENT RELATED TO TENANTED LANDS. In Mohammed Jaffar and Another V State of Karnataka and Others, Reported in 2003(1) Kar. L.J. 337 (FB).
1. Tenanted land that stood vested in State Government as on 1-3-1974 under Land Reforms Act, does not become "granted land" when occupancy in respect of such land is conferred on tenant, merely because tenant happens to be person belonging to Scheduled Caste or Scheduled Tribe — Vesting of tenanted land in State Government is not absolute but is subject to vested right of tenant to get occupancy conferred on him — Conferment of occupancy right on tenant by Land Tribunal does not amount to making grant of land — Alienation of land in respect of which occupancy was conferred on erstwhile tenant, held, is not hit by prohibitions contained in Act of 1978.
2. A bare reading of Section 3(l)(b) of the PTCL Act makes it clear that the land should be granted by the Government and such land is to be granted to a person belonging to Scheduled Castes or the Scheduled Tribes under the relevant law including agrarian reforms. Once the land is held to be a granted land, the restriction contained in Section 4 regarding the apprehension of transfer of land would apply. . . . Section 44 of the KLR Act deals with vesting of the land in the Government. Therefore, the land which is not granted by the State Government cannot prima facie be hit by the provisions of the PTCL Act.
3. All the lands held by or in possession of the tenants vest with the State Government free from all encumbrances and the State Government is entitled to take possession of the said properties. However, as per Section 44(e) the Government is not entitled to take possession of the tenanted land and the permanent tenants, protected tenants and other tenants holding the land are entitled to such right or privileges and subject to such conditions provided under Act. In view of Section 44 of the KLR Act, it is clear that conferment of occupancy right by the Land Tribunal, and not by the Government, is only a declaration or pre-existing right which has been conferred on the tenant under Section 45 and vesting of the land is subject to right that is conferred on the tenant for conferment of occupancy right- Section 45 of the KLR Act gives a right to a person who is a tenant on the land to get the occupancy right conferred in his favour and Sections 48 and 48-A deals with the constitution of the Tribunals and enquiry by the Tribunal. The occupancy right will be conferred by the Land Tribunal and not by the Government under Section 48-A of the KLR Act on a tenant who was cultivating the land personally on 1-3-1974. Therefore, what is conferred on the tenant who was personally cultivating the land on 1-3-1974 is the declaration of his occupancy right of land on 1-3-1974, by the Tribunal. The preamble to the KLR Act clearly shows that the Act is enacted to confer ownership on the tenants and wherefore, it is clear that the conferment of occupancy right on the tenant who was personally cultivating the land on 1-3-1974 is conferment of ownership on the tenant as per the preamble to the Act and the same is subject to certain restrictions which are imposed in the certificate of registration issued under Section 55 of the Act in Form 10.
4. Conferment of occupancy right is only declaration of the fact that the tenant who was personally cultivating the land on 1-3-1974 and the land which has vested with the Government, the tenant js declared as the occupant of the said land subject to the restrictions contained in the certificate of registration and if the tenant proves that he has been personally cultivating the land on 1-3-1974 he cannot be denied conferment of occupancy right. .... Under the circumstances, it is clear that occupancy right cannot at all fall within the ambit of 'granted land' as defined under the PTCL Act. The vesting of land in the Government is subject to vested right of a tenant to get occupancy right and for determination of right and conferment of occupancy by Land Tribunal, a Statutory Authority established under the Land Reforms Act, is the Competent Authority to determine the same on a tenant who was personally cultivating the land on 1-3-1974.
5. In view of this, the occupancy right, which has been granted by the Land Tribunal, cannot be construed as "granted land" as defined under the PTCL Act. The land in respect of which the occupancy right has conferred under Section 48-A of the KLR Act would not fall within the ambit of 'granted land' as defined under Section 3(1 }(b) of the PTCL Act.
UNDER MYSORE (PERSONAL AND MISCELLANEOUS) INAMS ABOLITION ACT, 1954, SECTION 5 — PERMANENT TENANTS ARE REGISTERED AS OCCUPANTS ON CERTAIN CONDITIONS. THE CONDITION DOES NOT INCLUDE ANY RESTRICTION ON ALIENATION.
1. Granted land — Definition of — Only Government land granted to person belonging to any Scheduled Caste or Scheduled Tribe, under provisions of any enactment, is to be considered as "granted land"
2. Tenanted inam land that stood vested in State Government consequent upon abolition of inams, does not become "granted land" when occupancy right in respect of land is conferred on tenant thereof, merely because tenant happened to be person belonging to Scheduled Caste or Scheduled Tribe — Vesting of tenanted inam land in State Government is not absolute but is subject to vested right of tenant to got occupancy conferred on him and conferment of occupancy right on tenant by Special Deputy Commissioner does not amount to making grant of land — Alienation of inam land by tenant after fitting occupancy right conferred on him is not hit by prohibition contained in Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.
3. Hon,ble Justice D.V. Shylendra Kumar, Held in a case of M. Munikenchappa v The Special Deputy Commissioner, Bangalore District, Bangalore and Others, Reported in 2004(3) Kar. L.J. 579.: The land in question was the subject-matter of the- order of the Special Deputy Commissioner exercising his jurisdiction under Section 5 of the Act. An order of this nature is one passed for recognizing a pre-existing right of a person who is already in possession. The Special Deputy Commissioner virtually functions as a Tribunal for such purposes, In respect of lands for which occupancy rights are conferred such a land cannot be construed as a 'granted land' under the provisions of Section 3(l)(b) of the Act. The subject land which was also the subject-matter of the order dated 3-2-1962 passed by the Special Deputy Commissioner and in exercise of his powers under Section 5 of the Inams Abolition Act, cannot be construed as a 'granted land' within the meaning of this phrase occurring in Section 3(l)(b) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.
UNDER SIMILAR CIRCUMSTANCES A CASE BEFORE FULL BENCH OF HIGH COURT OF KARNATAKA WAS DECIDED BY HON’BLE JUSTICES N.K. JAIN, H. RANGAVITTALACHAR AND V.G, SABHAHIT, HAS PASSED A SIMILAR JUDGEMENT RELATED TO TENANTED LANDS. In Mohammed Jaffar and Another V State of Karnataka and Others, Reported in 2003(1) Kar. L.J. 337 (FB).
1. Tenanted land that stood vested in State Government as on 1-3-1974 under Land Reforms Act, does not become "granted land" when occupancy in respect of such land is conferred on tenant, merely because tenant happens to be person belonging to Scheduled Caste or Scheduled Tribe — Vesting of tenanted land in State Government is not absolute but is subject to vested right of tenant to get occupancy conferred on him — Conferment of occupancy right on tenant by Land Tribunal does not amount to making grant of land — Alienation of land in respect of which occupancy was conferred on erstwhile tenant, held, is not hit by prohibitions contained in Act of 1978.
2. A bare reading of Section 3(l)(b) of the PTCL Act makes it clear that the land should be granted by the Government and such land is to be granted to a person belonging to Scheduled Castes or the Scheduled Tribes under the relevant law including agrarian reforms. Once the land is held to be a granted land, the restriction contained in Section 4 regarding the apprehension of transfer of land would apply. . . . Section 44 of the KLR Act deals with vesting of the land in the Government. Therefore, the land which is not granted by the State Government cannot prima facie be hit by the provisions of the PTCL Act.
3. All the lands held by or in possession of the tenants vest with the State Government free from all encumbrances and the State Government is entitled to take possession of the said properties. However, as per Section 44(e) the Government is not entitled to take possession of the tenanted land and the permanent tenants, protected tenants and other tenants holding the land are entitled to such right or privileges and subject to such conditions provided under Act. In view of Section 44 of the KLR Act, it is clear that conferment of occupancy right by the Land Tribunal, and not by the Government, is only a declaration or pre-existing right which has been conferred on the tenant under Section 45 and vesting of the land is subject to right that is conferred on the tenant for conferment of occupancy right- Section 45 of the KLR Act gives a right to a person who is a tenant on the land to get the occupancy right conferred in his favour and Sections 48 and 48-A deals with the constitution of the Tribunals and enquiry by the Tribunal. The occupancy right will be conferred by the Land Tribunal and not by the Government under Section 48-A of the KLR Act on a tenant who was cultivating the land personally on 1-3-1974. Therefore, what is conferred on the tenant who was personally cultivating the land on 1-3-1974 is the declaration of his occupancy right of land on 1-3-1974, by the Tribunal. The preamble to the KLR Act clearly shows that the Act is enacted to confer ownership on the tenants and wherefore, it is clear that the conferment of occupancy right on the tenant who was personally cultivating the land on 1-3-1974 is conferment of ownership on the tenant as per the preamble to the Act and the same is subject to certain restrictions which are imposed in the certificate of registration issued under Section 55 of the Act in Form 10.
4. Conferment of occupancy right is only declaration of the fact that the tenant who was personally cultivating the land on 1-3-1974 and the land which has vested with the Government, the tenant js declared as the occupant of the said land subject to the restrictions contained in the certificate of registration and if the tenant proves that he has been personally cultivating the land on 1-3-1974 he cannot be denied conferment of occupancy right. .... Under the circumstances, it is clear that occupancy right cannot at all fall within the ambit of 'granted land' as defined under the PTCL Act. The vesting of land in the Government is subject to vested right of a tenant to get occupancy right and for determination of right and conferment of occupancy by Land Tribunal, a Statutory Authority established under the Land Reforms Act, is the Competent Authority to determine the same on a tenant who was personally cultivating the land on 1-3-1974.
5. In view of this, the occupancy right, which has been granted by the Land Tribunal, cannot be construed as "granted land" as defined under the PTCL Act. The land in respect of which the occupancy right has conferred under Section 48-A of the KLR Act would not fall within the ambit of 'granted land' as defined under Section 3(1 }(b) of the PTCL Act.
WHETHER A TENANTED OCCUPANCY CONFERRED LAND ATTRACTS PTCL ACT - NO
WHETHER A TENANTED OCCUPANCY CONFERRED LAND ATTRACTS PTCL ACT - NO
UNDER MYSORE (PERSONAL AND MISCELLANEOUS) INAMS ABOLITION ACT, 1954, SECTION 5 — PERMANENT TENANTS ARE REGISTERED AS OCCUPANTS ON CERTAIN CONDITIONS. THE CONDITION DOES NOT INCLUDE ANY RESTRICTION ON ALIENATION.
1. Granted land — Definition of — Only Government land granted to person belonging to any Scheduled Caste or Scheduled Tribe, under provisions of any enactment, is to be considered as "granted land"
2. Tenanted inam land that stood vested in State Government consequent upon abolition of inams, does not become "granted land" when occupancy right in respect of land is conferred on tenant thereof, merely because tenant happened to be person belonging to Scheduled Caste or Scheduled Tribe — Vesting of tenanted inam land in State Government is not absolute but is subject to vested right of tenant to got occupancy conferred on him and conferment of occupancy right on tenant by Special Deputy Commissioner does not amount to making grant of land — Alienation of inam land by tenant after fitting occupancy right conferred on him is not hit by prohibition contained in Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.
3. Hon,ble Justice D.V. Shylendra Kumar, Held in a case of M. Munikenchappa v The Special Deputy Commissioner, Bangalore District, Bangalore and Others, Reported in 2004(3) Kar. L.J. 579.: The land in question was the subject-matter of the- order of the Special Deputy Commissioner exercising his jurisdiction under Section 5 of the Act. An order of this nature is one passed for recognizing a pre-existing right of a person who is already in possession. The Special Deputy Commissioner virtually functions as a Tribunal for such purposes, In respect of lands for which occupancy rights are conferred such a land cannot be construed as a 'granted land' under the provisions of Section 3(l)(b) of the Act. The subject land which was also the subject-matter of the order dated 3-2-1962 passed by the Special Deputy Commissioner and in exercise of his powers under Section 5 of the Inams Abolition Act, cannot be construed as a 'granted land' within the meaning of this phrase occurring in Section 3(l)(b) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.
UNDER SIMILAR CIRCUMSTANCES A CASE BEFORE FULL BENCH OF HIGH COURT OF KARNATAKA WAS DECIDED BY HON’BLE JUSTICES N.K. JAIN, H. RANGAVITTALACHAR AND V.G, SABHAHIT, HAS PASSED A SIMILAR JUDGEMENT RELATED TO TENANTED LANDS. In Mohammed Jaffar and Another V State of Karnataka and Others, Reported in 2003(1) Kar. L.J. 337 (FB).
1. Tenanted land that stood vested in State Government as on 1-3-1974 under Land Reforms Act, does not become "granted land" when occupancy in respect of such land is conferred on tenant, merely because tenant happens to be person belonging to Scheduled Caste or Scheduled Tribe — Vesting of tenanted land in State Government is not absolute but is subject to vested right of tenant to get occupancy conferred on him — Conferment of occupancy right on tenant by Land Tribunal does not amount to making grant of land — Alienation of land in respect of which occupancy was conferred on erstwhile tenant, held, is not hit by prohibitions contained in Act of 1978.
2. A bare reading of Section 3(l)(b) of the PTCL Act makes it clear that the land should be granted by the Government and such land is to be granted to a person belonging to Scheduled Castes or the Scheduled Tribes under the relevant law including agrarian reforms. Once the land is held to be a granted land, the restriction contained in Section 4 regarding the apprehension of transfer of land would apply. . . . Section 44 of the KLR Act deals with vesting of the land in the Government. Therefore, the land which is not granted by the State Government cannot prima facie be hit by the provisions of the PTCL Act.
3. All the lands held by or in possession of the tenants vest with the State Government free from all encumbrances and the State Government is entitled to take possession of the said properties. However, as per Section 44(e) the Government is not entitled to take possession of the tenanted land and the permanent tenants, protected tenants and other tenants holding the land are entitled to such right or privileges and subject to such conditions provided under Act. In view of Section 44 of the KLR Act, it is clear that conferment of occupancy right by the Land Tribunal, and not by the Government, is only a declaration or pre-existing right which has been conferred on the tenant under Section 45 and vesting of the land is subject to right that is conferred on the tenant for conferment of occupancy right- Section 45 of the KLR Act gives a right to a person who is a tenant on the land to get the occupancy right conferred in his favour and Sections 48 and 48-A deals with the constitution of the Tribunals and enquiry by the Tribunal. The occupancy right will be conferred by the Land Tribunal and not by the Government under Section 48-A of the KLR Act on a tenant who was cultivating the land personally on 1-3-1974. Therefore, what is conferred on the tenant who was personally cultivating the land on 1-3-1974 is the declaration of his occupancy right of land on 1-3-1974, by the Tribunal. The preamble to the KLR Act clearly shows that the Act is enacted to confer ownership on the tenants and wherefore, it is clear that the conferment of occupancy right on the tenant who was personally cultivating the land on 1-3-1974 is conferment of ownership on the tenant as per the preamble to the Act and the same is subject to certain restrictions which are imposed in the certificate of registration issued under Section 55 of the Act in Form 10.
4. Conferment of occupancy right is only declaration of the fact that the tenant who was personally cultivating the land on 1-3-1974 and the land which has vested with the Government, the tenant js declared as the occupant of the said land subject to the restrictions contained in the certificate of registration and if the tenant proves that he has been personally cultivating the land on 1-3-1974 he cannot be denied conferment of occupancy right. .... Under the circumstances, it is clear that occupancy right cannot at all fall within the ambit of 'granted land' as defined under the PTCL Act. The vesting of land in the Government is subject to vested right of a tenant to get occupancy right and for determination of right and conferment of occupancy by Land Tribunal, a Statutory Authority established under the Land Reforms Act, is the Competent Authority to determine the same on a tenant who was personally cultivating the land on 1-3-1974.
5. In view of this, the occupancy right, which has been granted by the Land Tribunal, cannot be construed as "granted land" as defined under the PTCL Act. The land in respect of which the occupancy right has conferred under Section 48-A of the KLR Act would not fall within the ambit of 'granted land' as defined under Section 3(1 }(b) of the PTCL Act.
UNDER MYSORE (PERSONAL AND MISCELLANEOUS) INAMS ABOLITION ACT, 1954, SECTION 5 — PERMANENT TENANTS ARE REGISTERED AS OCCUPANTS ON CERTAIN CONDITIONS. THE CONDITION DOES NOT INCLUDE ANY RESTRICTION ON ALIENATION.
1. Granted land — Definition of — Only Government land granted to person belonging to any Scheduled Caste or Scheduled Tribe, under provisions of any enactment, is to be considered as "granted land"
2. Tenanted inam land that stood vested in State Government consequent upon abolition of inams, does not become "granted land" when occupancy right in respect of land is conferred on tenant thereof, merely because tenant happened to be person belonging to Scheduled Caste or Scheduled Tribe — Vesting of tenanted inam land in State Government is not absolute but is subject to vested right of tenant to got occupancy conferred on him and conferment of occupancy right on tenant by Special Deputy Commissioner does not amount to making grant of land — Alienation of inam land by tenant after fitting occupancy right conferred on him is not hit by prohibition contained in Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.
3. Hon,ble Justice D.V. Shylendra Kumar, Held in a case of M. Munikenchappa v The Special Deputy Commissioner, Bangalore District, Bangalore and Others, Reported in 2004(3) Kar. L.J. 579.: The land in question was the subject-matter of the- order of the Special Deputy Commissioner exercising his jurisdiction under Section 5 of the Act. An order of this nature is one passed for recognizing a pre-existing right of a person who is already in possession. The Special Deputy Commissioner virtually functions as a Tribunal for such purposes, In respect of lands for which occupancy rights are conferred such a land cannot be construed as a 'granted land' under the provisions of Section 3(l)(b) of the Act. The subject land which was also the subject-matter of the order dated 3-2-1962 passed by the Special Deputy Commissioner and in exercise of his powers under Section 5 of the Inams Abolition Act, cannot be construed as a 'granted land' within the meaning of this phrase occurring in Section 3(l)(b) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.
UNDER SIMILAR CIRCUMSTANCES A CASE BEFORE FULL BENCH OF HIGH COURT OF KARNATAKA WAS DECIDED BY HON’BLE JUSTICES N.K. JAIN, H. RANGAVITTALACHAR AND V.G, SABHAHIT, HAS PASSED A SIMILAR JUDGEMENT RELATED TO TENANTED LANDS. In Mohammed Jaffar and Another V State of Karnataka and Others, Reported in 2003(1) Kar. L.J. 337 (FB).
1. Tenanted land that stood vested in State Government as on 1-3-1974 under Land Reforms Act, does not become "granted land" when occupancy in respect of such land is conferred on tenant, merely because tenant happens to be person belonging to Scheduled Caste or Scheduled Tribe — Vesting of tenanted land in State Government is not absolute but is subject to vested right of tenant to get occupancy conferred on him — Conferment of occupancy right on tenant by Land Tribunal does not amount to making grant of land — Alienation of land in respect of which occupancy was conferred on erstwhile tenant, held, is not hit by prohibitions contained in Act of 1978.
2. A bare reading of Section 3(l)(b) of the PTCL Act makes it clear that the land should be granted by the Government and such land is to be granted to a person belonging to Scheduled Castes or the Scheduled Tribes under the relevant law including agrarian reforms. Once the land is held to be a granted land, the restriction contained in Section 4 regarding the apprehension of transfer of land would apply. . . . Section 44 of the KLR Act deals with vesting of the land in the Government. Therefore, the land which is not granted by the State Government cannot prima facie be hit by the provisions of the PTCL Act.
3. All the lands held by or in possession of the tenants vest with the State Government free from all encumbrances and the State Government is entitled to take possession of the said properties. However, as per Section 44(e) the Government is not entitled to take possession of the tenanted land and the permanent tenants, protected tenants and other tenants holding the land are entitled to such right or privileges and subject to such conditions provided under Act. In view of Section 44 of the KLR Act, it is clear that conferment of occupancy right by the Land Tribunal, and not by the Government, is only a declaration or pre-existing right which has been conferred on the tenant under Section 45 and vesting of the land is subject to right that is conferred on the tenant for conferment of occupancy right- Section 45 of the KLR Act gives a right to a person who is a tenant on the land to get the occupancy right conferred in his favour and Sections 48 and 48-A deals with the constitution of the Tribunals and enquiry by the Tribunal. The occupancy right will be conferred by the Land Tribunal and not by the Government under Section 48-A of the KLR Act on a tenant who was cultivating the land personally on 1-3-1974. Therefore, what is conferred on the tenant who was personally cultivating the land on 1-3-1974 is the declaration of his occupancy right of land on 1-3-1974, by the Tribunal. The preamble to the KLR Act clearly shows that the Act is enacted to confer ownership on the tenants and wherefore, it is clear that the conferment of occupancy right on the tenant who was personally cultivating the land on 1-3-1974 is conferment of ownership on the tenant as per the preamble to the Act and the same is subject to certain restrictions which are imposed in the certificate of registration issued under Section 55 of the Act in Form 10.
4. Conferment of occupancy right is only declaration of the fact that the tenant who was personally cultivating the land on 1-3-1974 and the land which has vested with the Government, the tenant js declared as the occupant of the said land subject to the restrictions contained in the certificate of registration and if the tenant proves that he has been personally cultivating the land on 1-3-1974 he cannot be denied conferment of occupancy right. .... Under the circumstances, it is clear that occupancy right cannot at all fall within the ambit of 'granted land' as defined under the PTCL Act. The vesting of land in the Government is subject to vested right of a tenant to get occupancy right and for determination of right and conferment of occupancy by Land Tribunal, a Statutory Authority established under the Land Reforms Act, is the Competent Authority to determine the same on a tenant who was personally cultivating the land on 1-3-1974.
5. In view of this, the occupancy right, which has been granted by the Land Tribunal, cannot be construed as "granted land" as defined under the PTCL Act. The land in respect of which the occupancy right has conferred under Section 48-A of the KLR Act would not fall within the ambit of 'granted land' as defined under Section 3(1 }(b) of the PTCL Act.
TIPS TO FRAME LEASE / RENTAL DEEDS
TIPS TO FRAME LEASE OR RENTAL AGREEMENT.
NAMES OF ALL TENANTS
Every adult who lives in the rental unit, including both members of a married or unmarried couple, should be named as tenants and sign the lease or rental agreement. This makes each tenant legally responsible for all terms, including for the full amount of the rent and the proper use of the property. This means that you can legally seek the entire rent from any one of the tenants should the others skip out or be unable to pay; and if one tenant violates an important term of the tenancy, you can terminate the tenancy for all tenants on that lease or rental agreement.
LIMITS ON OCCUPANCY
Your agreement should clearly specify that the rental unit is the residence of only the tenants who have signed the lease and their minor children. This guarantees your right to determine who lives in your property -- ideally, people whom you have screened and approved -- and to limit the number of occupants. The value of this clause is that it gives you grounds to evict a tenant who moves in a friend or relative, or sublets the unit, without your permission.
TERM OF THE TENANCY
Every rental document should state whether it is a rental agreement or a fixed-term lease. Rental agreements usually run from month-to-month and self-renew unless terminated by the landlord or tenant. Leases, on the other hand, typically last for certain years. Your choice will depend on how long you want the tenant to stay and how much flexibility you want in your arrangement.
FOR MORE CLICK HERE-ಹೆಚ್ಹಿನ ವಿವರಗಳಿಗೆ ಇಲ್ಲಿ ಪ್ರವೇಶಿಸಿ
NAMES OF ALL TENANTS
Every adult who lives in the rental unit, including both members of a married or unmarried couple, should be named as tenants and sign the lease or rental agreement. This makes each tenant legally responsible for all terms, including for the full amount of the rent and the proper use of the property. This means that you can legally seek the entire rent from any one of the tenants should the others skip out or be unable to pay; and if one tenant violates an important term of the tenancy, you can terminate the tenancy for all tenants on that lease or rental agreement.
LIMITS ON OCCUPANCY
Your agreement should clearly specify that the rental unit is the residence of only the tenants who have signed the lease and their minor children. This guarantees your right to determine who lives in your property -- ideally, people whom you have screened and approved -- and to limit the number of occupants. The value of this clause is that it gives you grounds to evict a tenant who moves in a friend or relative, or sublets the unit, without your permission.
TERM OF THE TENANCY
Every rental document should state whether it is a rental agreement or a fixed-term lease. Rental agreements usually run from month-to-month and self-renew unless terminated by the landlord or tenant. Leases, on the other hand, typically last for certain years. Your choice will depend on how long you want the tenant to stay and how much flexibility you want in your arrangement.
FOR MORE CLICK HERE-ಹೆಚ್ಹಿನ ವಿವರಗಳಿಗೆ ಇಲ್ಲಿ ಪ್ರವೇಶಿಸಿ
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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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.
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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