KARNATAKA LAND REFORMS ACT, 1961
Section1.
OMITED
Section2 Definitions
(A) In this Act, unless the context otherwise requires,
[(1) "Agriculture" includes
[(a) aquaculture;]
[(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;]
(3) "Agriculturist" means a person who cultivates land personally;
(4) "Amendment Act" means the Karnataka Land Reforms (Amendment) Act 1973;
(4A) "Appellate Authority" x x x x x;
(5) "Appointed Day" means the date appointed under sub-section (3) of Section 1;
77. Clause (5A) inserted by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974. [(5A) "Assistant Commissioner" means an Assistant Commissioner appointed under the Karnataka Land Revenue Act, 1964 and
11. Clause (6) omitted by Act No. 1 of 1974, w.e.f. 1-3-1974. [(6) "Basic Holding" x x x x x;]
22. Clause (7) substituted by Act No. 1 of 1974, w.e.f. 1-3-1974. [(7) "Ceiling Area" means the extent of land which a person or family is entitled to hold under Section 63;]
(8) "Co-operative Society" means a co-operative society as defined in the Karnataka Co-operative Societies Act, 1959;
(9) "Co-operative Farm" means a co-operative farm registered as provided in Section 91;
33. Clause (9-A) inserted by Act No. 6 of 1970 and shall be deemed to have come into force w.e.f. 15-1-1970. (9A) "Court" means the Court of Munsiff within the local limits of whose jurisdiction the land is situated;
(10) "To cultivate" with its grammatical variations and cognate expressions means to till or husband the land for the purpose of raising or improving agricultural produce whether by manual labour or by means of cattle or machinery, or to carry on any agricultural operation thereon; and the expression "uncultivated" shall be construed correspondingly;
Explanation. A person who takes up a contract to cut grass, or to gather the fruits or other produce of any land, shall not on that account only be deemed to cultivate such land;
(11) "To cultivate personally" means to cultivate land on one's own account
(i) by one's own labour; or
(ii) by the labour of any member of one's 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 one's family;
44. Explanation I substituted by Act No. 1 of 1974, w.e.f. 1-3-1974. [Explanation I.In the case of an educational, religious or charitable institution or society or trust/ of a public nature capable of holding property, formed for educational, religious or charitable purpose, the land shall be deemed to be cultivated personally if such land is cultivated by hired labour or by servants under the personal supervision of an employee or agent of such institution or society or trust;]
Explanation II.In the case of a joint family, the land shall be deemed to be cultivated personally, if it is cultivated by any member of such family;
55. Explanation III omitted by Act No. 1 of 1974, w.e.f. 1-3-1974. [Explanation III.x x x x x.]
11. Clause (12) substituted by Act No. 1 of 1974, w.e.f. 1-3-1974. [(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 art 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;]
22. Clause (12-A) inserted by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974. (12A) "Financial Institution" means,
(i) a banking company as defined in the Banking Regulation Act, 1949;
(ii) the State Bank of India constituted under the State Bank of India Act, 1955;
(iii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959;
(iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970;
(v) the Agricultural Refinance and Development Corporation constituted under the Agricultural Refinance Corporation Act, 1963;
(vi) the Karnataka State Agro-Industries Corporation, a company registered under the Companies Act, 1956;
(vii) the Agricultural Finance Corporation Limited, a company incorporated under the Companies Act, 1956; and
(viii) any other institution notified by the State Government as a financial institution for the purpose of this Act;]
33. Clause (13) omitted by Act No. 1 of 1974, w.e.f, 1-3-1974. [(13) "Family Holding" x x x x x;]
44. Clause (14) omitted by Act No. 31 of 1995, w.e.f. 20-10-1995. [(14) "Fragment" x x x x x;]
(15) "Improvement" means with reference to any land, any work which adds to the 55. Substituted for the words "letting value" by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974. [productivity] of the land and which is suitable thereto and consistent with the purpose for which it is held and which, if not executed on the land, is either executed
(a) the construction of tanks, wells, water channels, embankments and other works for the storage, supply or distribution of water for agricultural purposes;
(b) the construction of works for the drainage of land or for the protection of land from floods, or from erosion or other damage from water;
(c) the planting of trees or plantation crops and the reclaiming, clearing, enclosing, levelling or terracing of land;
(d) the erection of buildings on or in the vicinity of the land, elsewhere than in the municipal or urban area reasonably required for the convenient or profitable use or occupation of the holding; and
(e) the renewal or reconstruction of any of the foregoing works, or alteration therein or additions thereto, but does not include temporary wells and such water channels, embankments, levellings, enclosures or other works or petty alterations or repairs to such works, as are commonly made by cultivators of the locality in the ordinary course of agriculture; Explanation.A work which benefits several lands may be deemed to be an improvement with respect to each of such holdings;
(16) "Intermediary" means any person who, not being a landowner, 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;
(19) "Landless person" means a person who, holding no land whether as owner or tenant, earns his livelihood principally by manual labour on land, and intends to take to the profession of agriculture;
(20) "Landlord" means a person who has leased land to a tenant and includes a person entitled to receive rent from a tenant.
Explanation.An intermediary such as a permanent tenant or mulgenidar, mirasi tenant or khata kul who having taken land on lease from the land-owner has leased it to another person shall be deemed to be the landlord with reference to the person to whom the land is leased;
(21) "Land-owner" means an owner of land and includes a trustee or mortgagee with possession thereof;
11. Clauses (21-A) and (21-B) inserted by Act No. 1 of 1974, w,e.f. 1-3-1974. [(21A) "Land revenue" means all sums and payments received or claimable by or on behalf of the State Government from any person on account of land held by or vested in him as fixed at a settlement of land revenue current in the area in which the land is situated.
Explanation. In the case of any village in which settlement of land revenue has not been made, an amount equal to the land revenue assessment levied on the same extent of similar land in an adjoining village in which settlement of land revenue has been made shall be deemed to be the land revenue for purposes of this clause;
(21-B) "Limited owner" means any person entitled to a life estate in any land and includes persons deriving rights through him. Explanation. A person who has right to enjoy land during his lifetime shall be deemed to be a limited owner notwithstanding that he has no power to alienate the land;]
(22) "Notification" means a notification published in the official Gazette;
(23) "Permanent tenant" means a tenant 22. Inserted by Act No. 1 of 1974, w.e.f. 1-3-1974. [who cultivates land personally]
(a) the commencement or duration of whose tenancy cannot satisfactorily be proved by reason of antiquity of such tenancy; or
(b) whose name or the name of whose predecessor-in-title has been entered in the record of rights or in any public record or in any other revenue record as a permanent tenant; or
(c) who by custom, agreement or the decree or order of a court holds the land on lease permanently; or
(d) who holds land as mulgenidar, mirasdar or khata kul; and includes any person whose tenancy is under the provisions of any law presumed to be extensive with the duration of the tenure of the landlord.
33. Clause (24) omitted by Act No. 1 of 1974, w.e.f. 1-3-1974. [(24) "Person" x x x x x;]
(25) "Plantation crops" means cardamom 44. The word "cocoa" inserted by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974 and omitted by Act No. 1 of 1991, w.e.f. 5-2-1991. [x x x x x], coffee, pepper, rubber and tea;
(26) "Prescribed" means prescribed by rules made under this Act;
(27) "Protected tenant" means a tenant of any land if he has held it continuously and cultivated it personally for a period of not less than twelve years prior to the appointed day, and includes:
(i) in the Belgaum Area, a person who was recognised to be a protected tenant under S.4A of the Bombay Tenancy and Agricultural Lands Act, 1948, as in force in that area before the appointed day, and
(ii) in the Gulbarga Area, a person who was deemed to be a protected tenant under the Hyderabad Tenancy and Agricultural Lands Act, 1950 as in force in mat area before the appointed day;
Explanation.
(i) If the tenant came to hold the land by inheritance or succession from another person or if he has held such land as a tenant and is an heir to such person, the period during which such other person held such land as a tenant shall be included in calculating the period of twelve years under this clause;
(ii) If the tenant holding the land held, as a tenant, at any time within the twelve years before the appointed day from the same landlord in the same village, any other land which he cultivated personally the period during which he held such other land shall be included in calculating the period of twelve years under this clause;
(iii) Where any land is held by two or more persons jointly as tenants all such persons shall, if any one of them cultivated and continues to cultivate such land personally be deemed to be protected tenants in respect of such land;
(iv) If a tenant had sublet a land on account of any temporary disability, he shall be deemed, for purposes of his acquiring rights of a protected tenant, to continue in possession and cultivate the land personally for the period of the sub-lease;
11. Clause (28) substituted by Act No. 1 of 1974, w.e.f. 1-3-1974 [(28) "Rent" means money paid or payable by a tenant on account of the use and occupation of the land held by him;]
22. Clauses (29), (29-A) and (29-B) substituted for Clause (29) by Act No. 1 of 1974, w.e.f. 1-3-1974. [(29) "Scheduled Bank" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934;
(29-A) "Scheduled Castes" means the Scheduled Castes specified in respect of the State of Karnataka or in respect of any area , thereof, in the Constitution (Scheduled Castes) Order, 1950;
(29-B) "Scheduled Tribes" means the Scheduled Tribes specified in respect of the State of Karnataka or in respect of any area thereof, in the Constitution (Scheduled Tribes) Order, 1950;]
11. Clause (30) substituted by Act No. 14 of 1965, w.e.f. 29-7-1965. [(30) "Seaman" means a person including a master, pilot or apprentice, employed or engaged as a member of the crew of a ship or sailing vessel to which the Merchant Shipping Act, 1958 (Central Act 44 of 1958) applies;]
(31) "Small holder" means a land owner owning land not exceeding 22. Substituted for the words "two basic holdings" by Act No. 1 of 1974, w.e.f. 1-3-1974. [two units] whose total net annual income including the income from such land does not exceed 33. Substituted for the words "four thousand and eight hundred rupees" by Act No. 1 of 1991, w.e.f. 5-2-1991. [ten thousand rupees;]
44. Clause (31-A) inserted by Act No. 14 of 1965, w.e.f. 29-7-1965. [(31A) "Soldier" means a person in the service of the Aimed Forces of the Union and 55. Inserted by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974. [for purposes of resumption of land and transfer of the resumed land] includes in the case of a soldier who has died 66. Substituted for the words "while engaged in operations for the defence of India" by Act No. 1 of 1991, w.e.f. 5-2-1991. [while in service as such soldier], the father, the mother, the spouse, the child and the grandchild who were dependent upon such soldier at the time of his death: Provided that if a question arises whether any person is a soldier or whether any soldier has died 77. Substituted for the words "while engaged in operations for the defence of India" by Act No. 1 of 1991, w.e.f. 5-2-1991. [while in service as such soldier], such question shall be decided by the State Government, and its decision shall be final;]
88.Clauses (32) and (32-A) substituted for Clause (32) by Act No. 1 of 1974, w.e.f. 1-3-1974. [(32) "Stridhana land" means any land held by any female member of a family in her own name;
(32-A) "Tahsildar" includes a Special Tahsildar empowered by the State Government to exercise all or any of the powers of the Tahsildar under this Act;]
(33) "Tenancy" means the relationship of landlord and tenant;
99.Clause (34) substituted by Act No. 14 of 1965, w.e.f. 29-7-1965. [(34) "Tenant" means an agriculturist 1010. Substituted for the words "who holds land on lease" by Act No. 1 of 1974, w.e.f. 1-3-1974. [who cultivates personally the land he holds on lease] from a landlord and includes
(i) a person who is deemed to be a tenant under Section 4;
(ii) a person who was protected from eviction from any land by the Karnataka Tenants (Temporary Protection from Eviction) Act, 1961;
1111.Item (ii-a) inserted by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974. [(ii-a) a person who cultivates personally any land on lease under a lease created contrary to the provisions of Section 5 and before the date of commencement of the Amendment Act;]
(iii) a person who is a permanent tenant; and
(iv) a person who is a protected tenant. Explanation.A person who takes up a contract to cut grass, or to gather the fruits or other produce of any land, shall not on that account only be deemed to be a tenant;]
11. Clauses (36) and (35-A) inserted by Act No. 1 of 1974, w.e.f. 1-3-1974. [(35) "Tribunal" means the Tribunal constituted under Section 48;
(35-A) "Unit" means 22. Substituted for the words "one acre" by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974. [one acre (40, 47 acres)] 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;]
(36) 33. Substituted for the words "unmarried woman" by Act No. 1 of 1974, w.e.f. 1-3-1974. ["Unmarried daughter"] means a 44. Substituted for the word woman" by Act No. 1 of 1974, w.e.f. 1-3-1974. [daughter] who has never been married;
Section55 Issue of Certificate of Registration
99. Section 65 renumbered as sub-section (1) by Act No. 1 of 1979, w.e.f. 1-1-1979.
[(1)] 1010. Substituted for the words "on payment of premium in lump sum or the first instalment thereof as the case may be" by Act No. 3 of 1982 and shall be deemed to have come into force w.e.f. 25-11-1980. [On receipt of the final orders passed under sub-section (4) or sub-section (5) of Section 48A, 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.] 1111. Proviso to Section 55(1) omitted by Act No. 3 of 1982 and shall be deemed to have come into force w.e.f. 25-11-1980. [x x x x x]
1212.Sub-section (2) inserted by Act No. 1 of 1979, w.e.f. 1-1-1979. [(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.]
Section61 Restriction on transfer of land of which tenant has become occupant
(1) Notwithstanding anything contained in any law, no land of which the occupancy 11. The words "or ryotwari patta" omitted by Act No. 14 of 1866, w.e.f. 29-7-1965, [x x x x x] has been granted to any person under this Chapter 22. The words and figures "or under Section 77" omitted by Act No. 1 of 1974, w.e.f. 1-3-1974. [x x x x x] shall within 33. Substituted for the words "six yean" by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974. [fifteen years] 44. Substituted for the words "from the date the certificate under Section 56 is issued" by Act No. 34 of 1998, w.e.f. 15-2-1969. [from the date of the final order passed by 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 holder's joint family 55. The words "subject to condition that no fragment shall be created by any such partition" omitted by Act No. 31 of 1995, w.e.f. 20-10-1995. [x x x x x]
.
66. Sub-section (2) substituted by Act No. 1 of 1974, w.e.f. 1-3-1974. [(2) Notwithstanding anything contained in sub-section {1), it shall be lawful for the occupant registered as such or his successor-in-title to take a loan and mortgage or create a charge on his interest in the land in favour of the State Government 77. Substituted for the words "a scheduled bank, a co-operative land development bank" by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974. [a financial institution, a co-operative land development bank, a co-operative society] or a company as defined in S.3 of the Companies Act, 1956 in which not less than fifty one 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 for development of land or improvement of agricultural practices; and without prejudice to any other remedy provided by any law, in the event of his making default in payment of such loan in accordance with the terms and conditions on which such loan was granted, it shall be lawful to cause his interest in the land to be attached and sold and the proceeds to be utilised in the payment of such loan.]
(3) Any transfer or partition of land in contravention of sub-section (1) shall be invalid 88. Added by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974. [and such land shall vest in the State Government free from all encumbrances and shall be disposed in accordance with the 99. Substituted for the words "rules relating to grant of Government lands" by Act No. 31 of 1995, w.e.f. 20-10-1996. [provisions of Section 77.]
CHAPTER 4 Celling on Land Holdings
Section63 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.
11. Sub-section (2-A) inserted by Act No. 31 of 1995, w.e.f. 20-10-1995. [(2A) 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 subsection shall apply only to lands covered by that part of the assets of the trust which is relatable to the private trust.
(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 institution or society or trust, of a public nature, capable of holding property, formed for an educational, religious or charitable purpose shall hold land except where the income from the land is appropriated solely for the institution or the society or the trust concerned. Where the land is so held by such institution, society or trust, the ceiling area shall be twenty units. (b) If any question arises whether 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 Section 66, Section 67, Section 68, Section 69, Section 70, Section 71, Section 72, Section 73, Section 74, Section 75 and Section 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 Section 66, Section 67, Section 68, Section 69, Section 70, Section 71, Section 72, Section 73, Section 74, Section 75 and Section 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 person's 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 Section 66, Section 67, Section 68, Section 69, Section 70, Section 71, Section 72, Section 73, Section 74, Section 75 and Section 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).]
Section64 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, 11. Substituted for the words and figured "any land is acquired or comea into the possession of any person after the appointed day, and in consequence thereof, the total extent of land held by such person either by himself or if he has a family or is a member of a joint family together with any other member of his family, or of the joint family, as the case may be exceeds the ceiling limit permissible under sub-section (1) of Section 63" by Act No. 1 of 1974, w.e.f. 1-3-1974. [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 such person or family exceeds the ceiling area permitted under Section 63], the excess land shall be deemed to be surplus land, and the provisions of Section 66, Section 67, Section 68, Section 69, Section 70, Section 71, Section 72, Section 73, Section 74, Section 75 and Section 76 shall, as far as may be, apply, to the surrender to and vesting in the State Government of such excess land.
22. Explanation substituted for the proviso by Act No. 1 of 1974, w.e.f. 1-3-1974. [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,]
Section74 Prohibition of alienation of holding
33. Substituted for the words, brackets and figures "on and from the date notified under sub-section (1) of Section 66" by Act No. 1 of 1074, w.e.f. 1-3-1974. [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, and Section 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 44. The words "by the Tahsildar" omitted by Act No. 3 of 1982 and shall be deemed to have come into force w.e.f. 1-3-1074. [x x x x x] and an order has been passed 55. The words "by him" omitted by Act No. 3 of 1982 and shall be deemed to have come into force w.e.f. 1-3-1974. [x x x x x] under Section 67 and any alienation made in contravention of this section shall be null and void.
CHAPTER 5 Restrictions on [holding or] transfer of Agricultural lands
Section79A Acquisition of land by certain persons prohibited
(1) On and from the commencement of the 88. Substituted for the words "Amendment Act" by Act No. 31 of 1095, w.e.f. 20-10-1095. [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 99. Substituted for the words "fifty thousand" by Act No. 31 of 1996, w.e.f. 20-10-1995. [two lakhs] from sources other than agricultural lands shall be entitled to acquire any land whether
(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 11. Substituted for the words "fifty thousand" by Act No. 31 of 1995, w.e.f. 20-10-1995. [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 22. Substituted for the words "fifty thousand" by Act No. 31 of 1995, w.e.f. 20-10-1995. [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 33. Substituted for the words "fifty thousand" by Act No. 31 of 1996, w.e.f. 20-10-1995. [two lakhs] for five consecutive years shall be deemed to have an average annual income of not less than rupees 44. Substituted for the words "fifty thousand" by Act No. 31 of 1995, w.e.f. 20-10-1996. [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 Tahsiidar 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, 11. Substituted for the words "only fifty per cent of such amount" by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974. [no amount] shall be paid.
Section79B 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 man 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, xxxxxxxxx
Section80 Transfer 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 22. Substituted for the word "valid" by Act No. 3 of 1982 and shall be deemed to have come into force w.e.f. 25-11-1980. [lawful] 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 Section 64; or
33. Items (iii) and (iv) substituted for item (iii) by Act No. 1 of 1974, w.e.f. 1-3-1974. [(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, 44. Substituted for the words "to enable persons by Act No. 1 of 1974, w.e.f. 1-3-1974. [to enable a person other than a person disentitled to acquire or hold land under Section 79A or Section 79B] 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.
55. Sub-section (2) inserted by Act No. 1 of 1974, w.e.f. 1-3-1974. [(2) Nothing in sub-section (1) shall apply to lands granted under Section 77
Section81 Sections 79-A, 79-B 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, 77. Inserted by Act No. 31 of 1991 shall be and shall be deemed to have been inserted, w.e.f. 1-1-1988. [the Karnataka Housing Board constituted under the Karnataka Housing Board Act, 1962 (Karnataka Karnataka Industrial Areas Development Act, 1966 (Karnataka Act No. 18 of 1966), the Karnataka Slum Clearance Board established under the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 (Karnataka Act No. 33 of 1974), the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 (Karnataka Act No. 12 of 1976), a Nagarabhivruddhi Pradhikara constituted under the Karnataka Nagarabhivruddhi Pradhikaragala Adhiniyama, 1987 (Karnataka Act No. 34 of 1987);]
(b) the mortgage erf any land or interest therein in favour of
(i) a co-operative society;
11. Item (ii) substituted by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974. [(ii) a financial institution;]
22. Items (iii), (iv) and (v) omitted by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974. [(iii) x x x x x;
(iv) x x x x x;
(v) x x x x x;]
(vi) any company as defined in S.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 33. Inserted by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974. [or the Central Government or both;]
(vii) any corporation, not being a company as defined in S.3 of the Companies Act, 1956 (Central Act 1 of 1956) established or constituted by the State Government 44. Inserted by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f, 1-3-1974. [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 or seed farm or sale in favour of the Coffee Board constituted under the Coffee Act, 1942 (Central Act No. 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 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.]
Section81A 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, 22. Substituted for the word "mortgage" by Act No. 38 of 1966 and shall be and shall always be deemed to have been inserted w.e.f 29-9-1966. [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 33. Substituted for the words "land held by him" by Act No. 1 of 1974, w.e.f. 1-3-1974. [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.]
Section82 Reporting of illegal transactions
Every village officer and every officer of the Revenue, Registration and Land Records Departments shall report to the 44. The words "courts or other" omitted by Act No. 1 of 1974, w.e.f. 1-3-1974. [x x x x x] prescribed authority 55. The words "as the case may be" omitted by Act No. 23 of 1977 and shall be deemed to have come into force w.e.f. 1-3-1974. [x x x x x] every transaction in respect of any land in contravention of any of the provisions of mis Act 66. Inserted by Act No. 1 of 1974, w.e.f. 1-3-1974. [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.
Section83.
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Section84.
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Section85.
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Section86.
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Section87.
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Section88.
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Section89.
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Section90.
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Section91.
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Section92.
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Section93.
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Section94.
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Section95.
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Section96.
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Section97.
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Section98.
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Section99.
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Section100.
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Section101.
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Section102.
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Section103.
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Section104 Plantations
22. Substituted for the words "The provisions of by Act No. 1 of 1979, w.e.f. 1-1-1979. [The provisions of Section 38,] Section 63 other than sub-section (9), thereof, Section 64, Section 79A, Section 79B and Section 80 shall not apply to plantations.
Explanation. In this section 'plantation' means land used by a person principally for the cultivation of plantation crop and includes
(i) any land used by such person for any purpose ancillary to the cultivation of such crop or for preparation of the same for the market, and
(ii) agricultural land interspersed with the boundaries of the area cultivated with such crop by such person, not exceeding such extent as may be determined by the prescribed authority as necessary for the protection and efficient management of such cultivation.] xxxxxxxxx
Section105.
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Section106.
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Section107 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,
(i) belonging to Government;
44. Clause (ii) omitted by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974. [(ii) x x x x x];
(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, 55. Inserted by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974. [a research institution owned or controlled by the State Government or the Central Government or both] 66. Inserted by Act No. 1 of 1991, w.e.f. 5-2-1991. [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;
77. Clause (iv-a) inserted by Act No. 3 of 1982 and shall be deemed to have come into force w.e.f. 1-3-1974. [(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, 88. Inserted by Act No. 3 of 1982 and shall be deemed to have come into force w.e.f. 1-3-1974. [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;
11. Clause (viii) inserted by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974. [{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 shall not be applicable if such lands were in the possession of tenants on the date of donation to the said Board: 2
22. Further proviso inserted by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974. [Provided further that, notwithstanding anything contained in this subsection, 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 Section 66, Section 67, Section 68, Section 69, Section 70, Section 72, Section 73, Section 74, Section 74 and Section 76 shall mutatis mutandis apply.] xxxxxxxxx
Section108.
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Section109 Certain lands to be exempt from certain provisions
44. Sub-sections (1) and (1-A) substituted for sub- section (1) by Act No. 31 of 1995, w.e.f. 20-10-1995. [(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 Section 63, Section 79A, Section 79B, or Section 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.
(1-A) Notwithstanding anything contained in sub-section (1), the State Government may in public interest and for reasons to be recorded in writing, 11. Clause (viii) inserted by Act No. 1 of 1979 and shall be deemed to have come into force w.e.f. 1-3-1974. [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 Section 63, Section 79A, Section 79B or Section 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 1 SCHEDULE
SCHEDULE SCHEDULE 1
PART A
[See Section 2(A)(35-A)]
1. Classification of Lands
A Class
Lands having facilities for assured irrigation from such Government Canals and Government Tanks as are [x x x x x] 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 [x x x x x] 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 [x x x x x] 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.
D Class
Lands classified as dry but not having any irrigation facilities from a Government source.
PART B
Formula for determining equivalent extent of different classes
One acre of A Class land having soil classification value above 8 annas = 1.3 acres of A Class land having soil classification value below 8 annas = 1.5 acres of B Class land having soil classification value above 8 annas = 2.0 acres of B Class land having soil classification value below 8 annas = 2.5 acres of C Class land having soil classification value above 8 annas = 3.0 acres of C Class land having soil classification value below 8 annas = 5.4 acres of D Class land |
