Sl No 588
Circular Number RD 358 LRM 75
Date 12/15/75
Section Land Reforms
Subject Arable lands kept fallow – taking over by Government.
Body GOVERNMENT OF KARNATAKA
NO. RD 358 LRM 75 Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated:15th December 1975.
CIRCULAR
Sub: Arable lands kept fallow – taking over by Government.
- - -
It is the intention of Government that no arable land should be left fallow by farmers. This policy of the Government has already been enshrined in the existing provisions of the Land Grant Rules and the Land Reforms Act and Rules.
Under the Land Grant Rules, Government lands are granted to eligible agriculturists for cultivation with the condition that the grantee should being the land under cultivation within Deputy Commissioner may extend this time upto 5 years if he is satisfied that the grantee could not do so for bonafide reasons. For any contravention of the above condition, the grant is liable to be cancelled and the land resumed to Government free from all encumbrances.
Under the Land Reforms Act 1961 (as amended), Sections 84 and 85 empower the Assistant Commissioner having jurisdiction over any area to take over the lands which are left uncultivated for over two consecutive years and lease them to others for a period not exceeding 5 years.
Under Section 60 of the Karnataka Land Reforms Act, the lands whose occupancy rights have been registered in the name of a tenant should be resumed to Government and disposed of in accordance with the provision of Section 77 of the Land Reforms Act, if the tenant fails to cultivate the land personally for three consecutive years. There is a similar provision under Rule 26 of the Karnataka Land Reforms Rules in respect of the grantees of the surplus lands.
The above provisions are brought to the notice of all the Assistant Commissioners/Tahsildars and they are requested to take immediate action wherever necessary in accordance with the above provisions. They must ensure that no arable land is left fallow.
(B.M. Nagaraj)
Asst. Spl. Officer for L.R. & Ex-officio,
Under Secy. to Govt. Rev. Dept.
Arable lands kept fallow – taking over by Government. NEEDS IMPLEMENTATION TO INCREASE FOOD PRODUCTION
RECORDS WHICH THE VILLAGE ACCOUNTANT TO MAINTAIN
Following are the records which the Village Accountant is required to maintain: -
i) Register of Lands of Khetwar Patrika and its Abstract.
ii) Record of Rights, Tenancy and Crop Inspector Register (R.T.C) (Form 16).
iii) Khata (Ledger) (Form 24).
iv) Khirdi (Day Book) (Form 25).
v) Receipt Book (Form 36).
vi) Subsidiary Register showing the Demand and Collections of Land Revenue, Misc.Revenue. Cassess, etc.
vii) Monthly D.C.B. Statement.
viii) Register of Other Fixed Revenue.
ix) Takrar Taktha or Takrar Faisal Patrika.
x) Maintenance of Boundary Marks Register.
xi) Mutation Register (Record of Rights) (Form 12)
xii) Disputed Cases Register (Record of Rights) (Form 8)
xiii) Coercive Process Register.
xiv) Jamband Kammi-Jasthi-Goshwar, i.e. General Abstract of Lands and Revenue.
xv) Miscellaneous Papers :-
a) Register of grant of Certified Copies.
b) Fasal Goshwar (Crop Abstract).
c) Banjar Taktha (Government Waste Lands).
d) Kulwar Paki Patties under different items of Revenue.
e) Village Vital Statistics.
NORMS TO BE FOLLOWED IN RECEIVING AND DISPOSING OF REPRESENTATIONS BY REVENUE AUTHORITIES
i) All anonymous complaints should be rejected and destroyed. However, if the complaint is specific and gives details which are verifiable, the matter should be verified.
ii) Complaints in regard to matters which are not pending for more than 6 months, should not, normally, be entertained.
iii) Representation on cases where provisions is available for appeal or revision, cases of allegations of corruption which require action by palekayukta, cases pending in Court should not be entertained.
iv) The petition qualifies to be taken as a grievance, only after the petitioner has earlier sought relief from the local officer concerned and his request has not received adequate or any attention whatever.
v) The tendency to push down a paper to the next subordinate authority should be discouraged. Appropriate action on the representation received should be taken as far as possible, with reference to the information that is available in the office, where representation is received. In case the required information is not readily available, only such information as is required to dispose of the petition should be obtained from subordinate office within a fixed time.
Incorporation of conversion orders and Land Tribunal orders to RTC
Sl No 1801
Circular Number RD 28 MRR 2001
Date 07/17/2002
Section RTC
Subject Incorporation of conversion orders and Land Tribunal orders to Bhoomi - reg.
Body GOVERNMENT OF KARNATAKA
No. RD 28 MRR 2001 Karnataka Government Secretariat,
M.S.Building,
Bangalore, dated: 17th July 2002.
CIRCULAR
Sub: Incorporation of conversion orders and Land
Tribunal orders to Bhoomi – reg.
It has been reported to Government that in many cases, conversion orders issued by revenue authorities are not being entered on Bhoomi and the citizens are being forced to move formal applications for making conversion entries on the Bhoomi system. Similarly as and when Land Tribunal orders are passed, same are not being entered on Bhoomi system.
The Deputy Commissioners are advised to immediately direct all their Tahsildars to incorporate conversion orders and Land Tribunal orders on to Bhoomi as and when they are passed by concerned authorities. Under no circumstances citizens should be forced to give applications for making conversion or Land Tribunal entries.
This Circular is also available at the Revenue Department Internet site
http://www.revdept.kar.nic.in.
(RAJEEV CHAWLA)
Additional Secretary to Government
Revenue Department (Land Reforms)
To,
All Deputy Commissioners.
LAND REFORMS ACT AND - Alienation of Agricultural lands
All lands held by or in possession of tenants as on 1-3-74 other than those held by them under leases permitted under Sec.5 of the Karnataka Land Reforms Act 1961 have stood transferred to and vested in Government from 1-3-1974. All right, title and interest vesting in the owners of such lands and other persons interested in such lands, have ceased; and these are vested absolutely in the State Government free from all encumbrances (Sec. 44). These lands will ultimately be given to the tenants under the procedure laid down for the registration of tenants as occupants. There is an interval between devestment of the ex-land-lord and the registration of the ex-tenant. It is clear that during this interval neither the ex-landlord nor the ex-tenant (or sub-tenant) in actual occupation of the land, has any right of transfer of such land.
There are various ways in which lands become vested in Government under the Land Reforms Law. For instance lands in excess of the ceiling come to Government after the fulfillment of the due procedure. Disposal of all such lands is provided for under Sec. 77.
If a tenant holding land from a date prior to 1-3-74 is not entitled to be registered as an occupant or his right to become occupant becomes in-effective, such land will be brought under the surplus land pool and disposed of under Sec.77 (Sec. 59). When a tenant registered as an occupant fails to cultivate the land personally for three consecutive years he is to be evicted and the land is to be disposed of under Sec. 77 (Sec. 60).
Where a tenant has become occupant of a land, under the Land Reforms Act, he is prohibited from transferring such land for a period of six years from the date of issue of certificate under Sec. 55 by the Tahsildar. If such tenant desires to give up personal cultivation of the land of which he has been registered as an occupant, within six years of registration, he has to surrender such land to Government and get refund of the amount paid therefore under Sec. 72.
All the above provisions which mainly relate to the lands under lease as on 1-3-1974 and which have vested of will vest in Government should be specifically brought to the notice of the landlords and tenants by publicity at village level through all possible local media including Village Panchayats, Block Development Offices, Agricultural Extension Centers etc.
Chapter V of the Land Reforms Act contains the various restrictions on the holding or transfer of agricultural lands. Those who are specifically barred from holding agricultural lands are indicated below-
1. Non-cultivating persons.
2. Institutions not covered by Sec. 63 (7)
3. Companies
4. Associations or other Bodies
5. Co-operative Societies other than Co-operative forms
Persons having more than Rs. 12,000/- annual assured income from sources other than agriculture are barred from acquiring land after 1-3-1974.
Sec. 80 specifically bars sales of agricultural lands to non-agriculturists. Where lands under self-occupation are within the ceiling area fixed under Section 66 they can be transferred to someone who is entitled to hold it or acquire it, under the provisions mentioned above. If the transferee is an agriculturist who is a self-cultivator he must be one holding less than the ceiling area. Even so the transfer can only take place provided the purchaser's holding after the purchase does not exceed the ceiling area. Even future acquisition of land by way of inheritance, bequest etc. by a person already holding land up to the ceiling limit on 1-3-1974 is prohibited by Section 64. Lands so acquired are to be declared and surrendered to Government.
The Assistant Commissioner of the Sub-division is the authority empowered to enquire into illegal transactions under the Land Reforms Act and make a declaration that any particular transaction is in contravention of the provisions of the provisions of the Act, on such declaration the transaction shall be null and void and the land in respect of which such transaction has taken place shall be forfeited to and vest in the State Government. No amount shall be payable therefore.
From 1-3-1974 restrictions on alienation of holdings by persons owning land in excess of the ceiling limit fixed under the Karnataka Land Reforms (Amendment) Act, 1973 have come into operator and any alienation which prima face appears to be in contravention of the Land Reforms Law has to be dealt with under Sec. 83.
Penalties for the various offences under the Law are provided in Sec. 125 of the said Act.
All the Village Accountants and the local Revenue Officers should be suitably educated by the Tahsildars on these provisions of the Land Reforms Act and they in turn should be asked to a devise the Agriculturists appropriately.