KARNATAKA LAND REVENUE ACT, 1964
12 of 1964
STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 12 OF 1964 Karnataka Gazette, dated 9-8-1962 The laws relating to land and land revenue administration in the Mysore, Bombay, Hyderabad and Coorg areas have been codified in the respective Land Revenue Codes or Acts. But, in the Madras Area, the administration of land and land revenue is being carried on under the Board's Standing Orders and in accordance with about 23 enactments dealing with particular aspects of land and land revenue. Even though basically there are not material differences in principle among the several laws in force in the different areas of the State, it is desirable and administratively convenient to have a uniform law governing land and land revenue administration for the entire State of Karnataka. Hence this Bill.
An Act to consolidate and amend the law relating to land and the land revenue administration in the State of Karnataka. Whereas, it is expedient to consolidate and amend the law relating to land, the assessment and recovery of land revenue, the land revenue administration and other matters hereinafter appearing. Be it enacted by the Karnataka State Legislature in the Fourteenth Year of the Republic of India as follows
CHAPTER 1 Preliminary
Section1 Short title, extent and commencement
(1) This Act may be called the Karnataka Land Revenue Act, 1964.
(2) It shall extend to the whole of the State of Karnataka.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
Section2 Definitions
In this Act, unless the context otherwise requires.
(1) "Alienated" means transferred in so far as rights of the State Government to payment of the rent or revenue are concerned, wholly or partially, to the ownership of any person;
(2) "Building Site" means a plot of land held for building purposes, whether any building is actually erected thereupon or not, and includes the open ground or courtyard enclosed by, or adjacent to, any building erected thereupon;
(3) "Boundary Mark" means any erection, whether of earth, stone or other material and also any hedge, unploughed ridge, or strip of ground or other object, whether natural or artificial, set-up, employed or specified by a Survey Officer, or other Revenue Officer, having the authority in that behalf, in order to determine the boundary of any division of land;
(4) "Certified Copy" or "Certified Extract" means copy or extract, as the case may be, certified in the manner prescribed by Section 76 of the Indian Evidence Act, 1872 (Central Act 1 of 1872);
(5) "Chavadi" includes, in any village in which there is no chavadi, such place as the Deputy Commissioner may by notification direct to be the chavadi for the purpose of this Act;
(6) "City" includes any local area declared as a Municipal Corporation, a City Municipality or a Borough Municipality under any law for the time being in force;
(7) "Classification Value" means the relative valuation of 11.Substituted for the word "land" by Act No. 9 of 1965 and shall be deemed to have come into force w.e.f. 1-4-1965 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11- 2000. [any class of land] as recorded in the survey records having regard to its soil, water and other advantages;
22. Clause (8) substituted by Act No. 9 of 1965 and shall be deemed to have come into force w.e.f. 1-4-1965 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.
[(8) "Class of Land" means any of the following classes of land, namely, dry land, wet land, garden land or plantation land; Explanations. For purposes of this Act.
(a) "Dry Land" means.
(i) land classified as dry land under any law repealed by Section 202, or any law in force at any time before the commencement of this Act;
(ii) land in which wet crops cannot be grown except when irrigated by water obtained from any source of water which is the property of the State Government;
(b) "Wet Land" means land in which wet crops can be grown by use of rain water or water obtained from any source of water which is not the property of the State Government;
(c) "Garden Land" means land in which garden crops other than plantation crops can be grown, and shall consist of dry garden land and wet garden land; and
(i) "Dry Garden Land" means land classified as such under any law repealed by Section 202 or any law in force at any time before the commencement of this Act, or garden land in which wet garden crops cannot be grown except when irrigated by water obtained from any source of water which is the property of the State Government;
(ii) "Wet Garden Land" means land in which wet garden crops can be grown by use of rain water or water obtained from any source of water which is not the property of the State Government;
(d) "Plantation Land" means land in which a plantation crop, that is, cardamom, coffee, pepper, rubber or tea, can be grown.]
(9) "Estate" means any interest in land and the aggregate of such interests vested in a person or body of persons capable of holding the same;
(10) "Group" means all lands in a zone which, in the opinion of the State Government or an Officer authorised by it in this behalf, are sufficiently homogeneous in respect of the factors enumerated in Section 116 to admit of the application to them of the same standard rates for the purpose of the assessment of land revenue;
(11) "To Hold Land" or to be a "Land-Holder" or "Holder" of land means to be lawfully in possession of land, whether such possession is actual or not;
(12) "Holding" means a portion of land held by a holder;
(13) "Joint Holders" or "Joint Occupants" mean holders or occupants who hold land as co-sharers, whether as co-sharers in a family undivided according to Hindu law, or otherwise, and whose shares are not divided by metes and bounds; and where land is held by joint holders or joint occupants, "holder" or "occupant", as the case may be, means all of the joint holders or joint occupants;
(14) "Land" includes benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth, and also shares in, or charges on, the revenue or rent of villages or other defined areas;
(15) "Landlord" means a person who has leased land to a tenant and includes a person entitled to receive rent from a tenant;
(16) "Land Records" means records maintained under the provisions of or for the purposes of this Act;
(17) "Local Authority" means.
(i) in any municipal area, the Corporation, the Municipal Council, the Cantonment Board, the Sanitary Board or Notified Area Committee, as the case may be;
(ii) in any village, the Village Panchayat or the Town Panchayat constituted under the Karnataka Village Panchayats and Local Boards Act, 1959;
(18) "Notification" means a notification published in the Official Gazette;
(19) "Occupation" means possession, and "to occupy land" means to possess or take possession of land;
(20) "Occupant" means a holder in actual possession of unalienated land other than the tenant:
Provided that where the holder in actual possession is a tenant, the landlord or superior landlord, as the case may be, shall be deemed to be the occupant;
11. Explanation to clause (20) substituted by Act No. 9 of 1965 and shall be deemed to have come into force w.e.f. 1-4-1965 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11- 2000.
[Explanation. A ryotwari pattadar in the Madras Area and Bellary District, a pattadar or shikmidar in the Hyderabad Area and a holder or land-holder in the Coorg District shall be deemed to be an occupant of such land for purposes of this Act.]
(21) "Occupancy" means the portion of land held by an occupant;
(22) "Prescribed" means prescribed by rules made under this Act;
(23) "Rental Value" means the consideration (including premia, if any, or any sum of money paid or promised, or a share of crops or any other thing of value rendered periodically or on specified occasions) for which land is or could be leased for a period of one year for its most advantageous use;
(24) "Revenue Officer" means every Officer of any rank whatsoever appointed under or, employed for the purposes of this Act;
(25) "Revenue Year" means the year commencing on the first day of July;
(26) "Settlement" means the result of the operations conducted in a zone in order to determine the land revenue assessment;
(27) "Standard Rate" means with reference to any particular class of land in a group, the value of 22. Substituted for the words "six and one fourth per cent" by Act No. 9 of 1965, w.e.f. 21-4-1965 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11- 2000. [four per cent] of the average yield of crops per acre on land in that class of one hundred per cent classification value: 11. Proviso inserted by Act No. 9 of 1965, w.e.f. 21-4-1965 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11- 2000.
[Provided that with reference to any plantation land the standard rate shall be the value of one per cent of the average yield of crops per acre on the land in that class of one hundred per cent classification value;]
(28) "Superior Holder" means a land holder entitled to receive rent or land revenue from other land holders (hereinafter called 'inferior holders'), whether he is accountable or not for such land or land revenue or any part thereof, to the State Government:
Provided that where land has been granted free of rent or land revenue, subject to the right of resumption in certain specified contingencies by a Jahgirdar, Inamdar, or other such holder of an alienated land, whose name is authorisedly entered as such in the land records, such Jahgirdar, Inamdar or holder, shall, with reference to the grantee, be deemed to be the superior holder of the land so granted by him and the grantee, with reference to the grantor be deemed to be the inferior holder of such land;
(29) "Survey" includes all operations incidental to the determination, measurement and record of a boundary or boundaries or any part of a boundary and includes a re-survey;
(30) "Survey Mark" means any 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;
(31) "Survey Officer" means an Officer appointed under or in the manner provided by Section 18;
(32) "Survey Number" means a portion of land of which the area and assessment are separately entered under an indicative number in the land records; and "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;
(33) "Survey Settlement" includes a settlement made under the provisions of Chapter X;
(34) "Tenant" means a lessee, whether holding under an instrument or an oral agreement and includes.
(i) a person who is or is deemed to be a tenant under any law for the time being in force;
(ii) a mortgagee of a tenant's rights with possession; or
(iii) a lessee holding directly under the State Government or a Local Authority or body corporate;
(35) "Terms of Settlement" means the period for which the State Government has declared that a settlement shall remain in force;
(36) "Town" includes a Panchayat town or a town area under the Karnataka Village Panchayats and Local Boards Act, 1959;
(37) "Tribunal" means the Karnataka Revenue Appellate Tribunal constituted under Section 40;
(38) "Village" means a local area which is recognised in the land records as a village for purposes of revenue administration and includes a town or city and all the land comprised within the limits of a village, town or city;
(39) "Village Accountant" means a Village Accountant appointed, or deemed to be appointed, under Section 16;
(40) "Zone" means a local area comprising a taluk or group of taluks or portions thereof of one or more district, which, in the opinion of the State Government, or an Officer authorised by it in this behalf is contiguous and homogeneous in respect of.
(i) physical configuration;
(ii) climate and rainfall;
(iii) principal crops grown in the area; and
(iv) soil characteristics.
CHAPTER 2 Constitution and powers of the Revenue Officers
Section3 Chief Controlling Authority in revenue matters
The State Government shall be the Chief Controlling Authority in all matters connected with land and land revenue administration under this Act.
Section4 State to be divided into Divisions, Divisions into Districts and Districts to consist of Taluks comprising Circles and Villages
(1) The State Government may, by notification, determine the areas in the State which shall form a division and may, by notification, alter the limits of or abolish the division so formed.
(2) Each division shall be divided into such districts with such limits, as may, by notification, be determined by the State Government.
(3) Each district determined under sub-section (2) shall consist of such taluks and each taluk shall consist of such circles and each circle shall consist of such villages as may, by notification, be determined by the State Government.
(4) The State Government may, by notification, alter the limits of any district, taluk or circle and may create new, or abolish existing districts, taluks or circles.
(5) The divisions, districts, taluks, circles (by whatever name called) and villages as they exist immediately before the commencement of this Act, shall remain as they are for the purposes of this Act until altered by the State Government by notifications under sub-sections (1), (2), (3) and (4).
Section5 Power of State Government to alter limits of or to amalgamate or constitute Villages
The State Government may, subject to such conditions and in such manner as may be prescribed, alter or add to the limits of any village or amalgamate two or more villages or constitute a new village for the purpose of this Act.
Section6 Procedure for constitution, abolition, etc., of Divisions, Districts, Taluks, Circles or Villages
Before the publication of any notification under Section 4 or 5 declaring any area to be a division, district, taluk, circle or village or altering the limits of any division, district, taluk, circle or village, or abolishing any division, district, taluk, circle or village, the State Government shall 11. Inserted by Act No. 23 of 1976 and shall be deemed to have come into force w.e.f. 24-1-1976 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [except in cases where it considers not necessary so to do] publish in the Official Gazette and in such other manner as may be prescribed, a notice of the proposal inviting objections and shall take into consideration any objections to such proposal.
Section7 Appointment, duties and functions of Divisional Commissioners
(1) The State Government shall, by notification, appoint for each Division, a Divisional Commissioner.
(2) Subject to the control of the State Government, the Divisional Commissioner shall be the Chief Revenue Officer in the division and shall exercise powers of superintendence and control within the division over all Officers subordinate to him.
(3) The Divisional Commissioner shall exercise the powers and discharge the duties conferred and imposed on him by or under this Act or any other law for the time being in force. He shall also exercise such powers and discharge such duties as the State Government may confer or impose in this behalf for the purpose of carrying out the provisions of this Act or any other law for the time being in force.
Section8 Deputy Commissioner
(1)The State Government shall by notification, appoint for each district a Deputy Commissioner, who shall be subordinate to the Divisional Commissioner.
(2) The Deputy Commissioner shall in his district exercise all the powers and discharge all the duties conferred and imposed on him under this Act or under any law for the time being in force. He may also exercise
Section9 Special Deputy Commissioner
(1) Whenever the State Government considers that for any purpose it is expedient to appoint a Special Deputy Commissioner for any district, it may, by notification, appoint a Special Deputy Commissioner for such district, for such purpose and for such period as may be specified in such notification.
(2) The Special Deputy Commissioner shall exercise such powers and perform such duties as are exercised or performed by the Deputy Commissioner in the district or a part of the district under this Act, or any other law for the time being in force, as the State Government may direct.
(3) The Special Deputy Commissioner appointed under sub-section (1) shall be subordinate to the Divisional Commissioner. He shall also be subordinate to the Deputy Commissioner of the district, except in such matters as the State Government may, by general or special order, specify in this behalf.
Section10 Assistant Commissioners
(1) The State Government may, by notification, appoint to each district as many Assistant Commissioners as it may deem expedient; all such Assistant Commissioners and all other officers employed in the Revenue Administration of the district shall be subordinate to the Deputy Commissioner.
(2) The State Government, may place any Assistant Commissioner appointed under sub-section (1) to be in-charge of the revenue administration of1 11. The words "a part of a district comprising" omitted by ActNo. 7 of 1969, w.e.f. 17-4-1969 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [x x x x x] one or more taluks called a Revenue Sub-Division. Such Assistant Commissioner shall perform all the duties and exercise all the powers conferred upon the Assistant Commissioner by this Act or any other law for the time being in force. Such Assistant Commissioner shall also, subject to the provisions of Chapter V and to the orders of the State Government, if any, perform all the duties and exercise all the powers conferred upon the Deputy Commissioner by this Act or any other law for the time being in force.
(3) An Assistant Commissioner appointed under sub-section (1), but not placed in-charge of a Revenue Sub-Division under sub-section (2) shall, subject to the orders of the-State Government, exercise such powers and perform such duties as the Deputy Commissioner may assign to him.
Section11 Tahsildars
(1) The State Government shall, by notification, appoint to each taluk a Tahsildar who shall be the Chief Officer entrusted with the land revenue administration of the Taluk. He shall be subordinate to the Assistant Commissioner in-charge of the Taluk and where there is no such Assistant Commissioner, to the Deputy Commissioner of the District.
(2) The duties and powers of a Tahsildar shall be such as may be expressly imposed or conferred upon him by this Act or any other law for the time being in force or as may be imposed by or delegated to him by the Deputy Commissioner under the general or special orders of the State Government.
Section12 Special Tahsildars
(1) Whenever the State Government considers that for any purpose it is expedient to appoint a Special Tahsildar for any Taluk, it may by notification, appoint a Special Tahsildar for such Taluk for such purpose and for such period as may be specified in such notification.
(2) A Special Tahsildar shall exercise such powers and discharge such duties as are exercised or performed by the Tahsildar in a taluk or part of a taluk under this Act or any other law for the time being in force, as the State Government may direct.
(3) A Special Tahsildar shall be subordinate to the Assistant Commissioner in-charge of the Taluk and where there is no such Assistant Commissioner to the Deputy Commissioner of the district, a Special Tahsildar shall be subordinate to the Tahsildar in the Taluk except in such matters as the State Government may, by order specify in this behalf.
Section13 A Tahsildar or a Special Tahsildar may depute subordinates to perform certain of his duties
A Tahsildar or a Special Tahsildar may, subject to such orders as may be passed by the Divisional Commissioner, or the Deputy Commissioner, depute any of his subordinates to perform any portion of his ministerial duties:
Provided that all acts of his subordinates when so employed shall be liable to revision and confirmation by such Tahsildar or Special Tahsildar.
Section14 Officers to discharge duties during temporary vacancy
(1) If the Divisional Commissioner is disabled from performing his duties, or is on leave or for any reason vacates his office or dies, the Deputy Commissioner stationed at the headquarters of the Divisional Commissioner, shall unless other provision is made by the Government, succeed temporarily to his office and shall be deemed to be the Divisional Commissioner of the Division under this Act, until the Divisional Commissioner resumes charge of his Division, or until the Government appoints a successor to the former Divisional Commissioner, and such successor takes charge of his appointment.
(2) If the Deputy Commissioner is disabled from performing his duties or for any reason vacates his office or leaves his district or dies, the Special Deputy Commissioner, if any, or in his absence, the seniormost Assistant Commissioner at the district headquarters shall, unless other provision has been made by the State Government, succeed temporarily to his office, and shall be deemed to be the Deputy Commissioner under this Act, until the Deputy Commissioner resumes charge of his District, or until the State Government appoints a successor and such successor takes charge of his appointment.
(3) If the Assistant Commissioner of a Revenue Sub-Division is disabled from performing his duties or is on leave or for any reason vacates his office or dies, the Tahsildar stationed at the headquarters of the Assistant Commissioner shall, unless other provision is made by the Government, succeed temporarily to his office and shall be deemed to be the Assistant Commissioner of the Revenue Sub-Division under this Act, until the Assistant Commissioner resumes charge of his Revenue Sub-Division, or until the Government appoints a successor to the former Assistant Commissioner, and such successor takes charge of the appointment.
(4) If a Tahsildar is disabled from performing his duties or for any reason, vacates his office or leaves his taluk or dies, the Special Tahsildar, if any, or in his absence, the seniormost ministerial Officer in the Taluk Office shall succeed temporarily to the said Tahsildar's Office and shall be deemed to be the Tahsildar under this Act, until the Tahsildar resumes charge of his Taluk or until such time as a successor is duly appointed and takes charge of his appointment.
Section15 Revenue Inspectors
(1) The Deputy Commissioner may, subject to the general orders of the Divisional Commissioner, appoint a Revenue Inspector for each Circle and he shall perfom all the duties of a Revenue Inspector prescribed in or under this Act or in or under any other law for the time being in force, and shall hold office and be governed by such rules as may be prescribed.
(2) Persons holding the office of Revenue Inspector for a circle (by whatever name called) immediately prior to the commencement of this Act shall be deemed to be Revenue Inspectors for such circle till another person is appointed under sub-section (1).
Section16 Village Accountant
(1) The Deputy Commissioner may, subject to the general orders of the State Government and the Divisional Commissioner, appoint a Village Accountant for a village or group of villages and he shall perform all the duties of a Village Accountant prescribed in or under this Act, or in or under any other law for the time being in force, and shall hold office under and be governed by such rules as may be prescribed.
(2) Persons holding the office of a Village Accountant for a village or group of villages immediately prior to the commencement of this Act shall be deemed to be Village Accountants for such village or group of villages till another person is appointed under sub-section (1).
Section17 Village Accountant to keep such records as he may be required to keep and prepare public records
(1) The State Government shall prescribe the registers, accounts and other records that shall be kept by the Village Accountant.
(2) The Village Accountant shall keep all such registers, accounts and other records as may be prescribed under sub-section (1) and he shall, whenever called upon by any superior Revenue Officer of the taluk or district, prepare all records connected with the affairs of the village, which are required either for the use of the Central or the State Government or the public, such as notices, reports, mahazars and depositions.
Section18 Survey Officers
(1) For purposes of survey, assessments and settlements of land revenue and the settlements of boundaries and connected matters provided for in this Act, the State Government may, by notification, appoint such Officers as it may deem necessary. Such Officers shall be designated 11. Substituted for the words and quotations "Commissioner for Survey, Settlement and Land Records" by Act No. 33 of 1975 and shall be deemed to have come into force w.e.f. 10-7-1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. ["Director of Survey Settlement and Land Records"], "Deputy Commissioner of Land Records", "Deputy Commissioner for Settlement", "Superintendent of Land Records" 22. Inserted by Act No. 7 of 1969 and shall be and shall be deemed always to have been inserted and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11- 2000. ["Superintendent for Settlement", "Assistant Superintendent for Settlement"] "Assistant Superintendent of Land Records", "Settlement Officers" and "Assistant Settlement Officers", or otherwise as the State Government may deem fit. Each such Officer shall be subordinate to such Officer or Officers as the State Government directs.
(2) Subject to the orders of the State Government, the Officers appointed under sub-section (1) shall have the power to take cognizance of all matters connected with survey and settlement and shall exercise all such powers and perform all such duties as may be prescribed by or under this Act or any other law for the time being in force.
Section18A Appointment of Licensed Surveyors
33. Section 18-A inserted by Act No. 14 of 1999, w.e.f. 30-4-1999.
[(1) The Director of Survey Settlement and Land Records may, for the purposes of the third proviso to Section 128 and of clause (c) of Section 131, issue, with the prior approval of the State Government and subject to such conditions and restrictions and in such manner as may be prescribed, a licence to
(2) The fee payable to a Licensed Surveyor shall be as may be prescribed.]
Section19 Other Officers
(1) The State Government may appoint such other Officers and invest them with such powers as may be necessary to give effect to the provisions of this Act.
(2) Such Officers shall discharge such duties and be subordinate to such Officers as the State Government may direct.
Section20 Combination of Officers
It shall be lawful for the State Government to appoint one and the same person, being otherwise competent according to law, to any two or more of the offices provided for in this Chapter or to confer upon an Officer of one denomination all or any of the powers or duties of any other Officer or Officers within certain local limits or otherwise as may seem expedient.
Section21 Seals
The State Government shall, by notification, specify the Revenue Officers, who shall use a seal and prescribe the size and description of the seal to be used by such Officers.
Section22 Demands for money, papers, etc., in the hands of a Revenue Officer or other person
(1) The Deputy Commissioner of a District or the Deputy Commissioner of Land Records or the Deputy Commissioner for Settlement or any Officer appointed by such Deputy Commissioner in this behalf, shall, in all cases in which the State Government may have a claim on any Revenue Officer or any person formerly employed as such in his District or department for public money or papers or other Government property, by order under his official seal and signature, require the money or the papers or property detained by such Revenue Officer or person to be delivered either immediately to the person delivering such order, or to such person at such date and at such place as the order may specify.
(2) If the Revenue Officer or other person against whom an order is made under sub-section (1) does not pay the money or deliver up the papers or the property as directed, or fails to assign sufficient cause for non-compliance with the demand made as aforesaid, the Deputy Commissioner of the District or the Deputy Commissioner of Land Records or the Deputy Commissioner for Settlement, as the case may be, may cause the Revenue Officer or the other person to be apprehended and may send him with a warrant in the form prescribed, to be confined in the civil jail till he discharges the sums or delivers up the papers or property demanded from him:
Provided that no person shall be detained in confinement by virtue of such warrant for a period exceeding ninety days.
Section23 Recovery of public money or property from Revenue Officers or other persons.
(1) The Deputy Commissioner of his own motion, if the Revenue Officer or other person is or was serving in his Department and District, and upon the application of the Deputy Commissioner of Land Records or the Deputy Commissioner for Settlement, if such Officer or person is or was serving in the Survey and Land Records Department in his District, may.
(a) take proceedings to recover any public moneys due by such Officer or person in the same manner and subject to the same rules as are applicable for the recovery of arrears of land revenue from a defaulter; and
(b) issue a search warrant for the purpose of recovering public papers or other property of the State Government, and exercise all such powers with respect thereto as may be lawfully exercised by a Magistrate under the provisions of Chapter VII of the Code of Criminal Procedure, 1898.
(2) It shall be the duty of all persons in possession of such public moneys, papers or other property of the State Government to make over the same forthwith to the Deputy Commissioner, and every person knowing where any such property is concealed shall be bound to give information of the same to the Deputy Commissioner.
(3) Whoever contravenes the provisions of sub-section (2) shall, on conviction, be punished with imprisonment which may extend to six months or with fine or with both.
CHAPTER 3 Procedure of Revenue Officers
Section24 Revenue Officers to be Revenue Courts
A Revenue Officer, not below the rank of a Tahsildar while exercising power under this Act, or any other law for the time being in force, to inquire into or to decide any question arising, for determination between the State Government and any person or between parties to any proceedings, shall be a Revenue Court.
Section25 Saving of inherent powers of a Revenue Court
Nothing in this Act, shall be deemed to limit or otherwise affect the inherent power of the Revenue Court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the Revenue Court.
Section26 Place for holding enquiries or hearing cases
Subject to the direction and control of the Officer to whom he is subordinate, and except for reasons to be recorded in writing, no Revenue Officer shall enquire into, or hear, any case at any place outside the local limits of his jurisdiction:
Provided that where the place of headquarters of a Revenue Officer is outside the local limits of his jurisdiction, he may enquire into, or hear, any case at such place without any such direction or control.
Section27 Power to transfer cases
(1) The Tribunal, on an application made to it in mis behalf or otherwise may, if it is of opinion that it is expedient for the ends of justice, order that any case or class of cases arising under this Act, or any other law for the time being in force, be transferred from any Divisional Commissioner to any other Divisional Commissioner.
(2) The Divisional Commissioner, on an application made to him in this behalf or otherwise, may, if he is of opinion that it is expedient for the ends of justice, order that any case or class of cases arising under mis Act, or any other law for the time being in force, be transferred from any Revenue Officer to any other Revenue Officer competent to deal with it in the same district or any other district in the same Division.
(3) The Deputy Commissioner may transfer any case or class of cases arising under mis Act or any other law for the time being in force, for inquiry or decision, from his own file or from the file of any other Revenue Officer subordinate to him, to the file of any other Revenue Officer subordinate to him and competent to deal with such cases or class of cases.
(4) A Deputy Commissioner may withdraw any case or class of cases arising under this Act or any other law for the time being in force, from the file of any Revenue Officer subordinate to him to his own file and deal with such case or class of cases himself.
Section28 Power to take evidence, summon persons to give evidence and produce documents.
(1) Every Revenue Officer not lower in rank man a Tahsildar or an Assistant Superintendent of Land Records in their respective departments, shall have the power to take evidence on oathand to summon any person whose attendance he considers necessary, either to be examined as a party, or to give evidence as a witness, or to produce documents, for the purpose of any inquiry which such Officer is legally empowered to make.
(2) Any person summoned under sub-section (1) shall be bound to attend either in person or by an authorised agent as directed in the summons:
Provided that exemptions under Sections 132 and 133 of the Code of Civil Procedure, 1908, shall be applicable to requisitions for attendance under mis section.
(3) Every person summoned under sub-section (1) either to be examined as a party or to give evidence as a witness shall be bound,
(i) to state the truth upon any subject respecting which he is examined or makes a statement; and
(ii) to produce such documents as may be required.
(4) Any person summoned merely to produce a document shall be deemed to have complied with the summons by causing the production of such document instead of attending personally to produce the same.
Section29 Contents of summons and the manner in which it has to be issued and served
(1) Every summons shall be in writing, in duplicate, and shall state the purpose for which it is issued and shall be signed by the Officer issuing it or by any subordinate Officer in the office authorised by him in this behalf and if such Officer have a seal, shall also bear his seal; it shall require the person summoned to appear before the Said Officer at the time and place stated in it and shall specify whether his attendance is required for the purpose of giving evidence or to produce documents or for both.
(2) Every summons shall be served by tendering or delivering a copy of it to the person summoned, or if he cannot be found, to some adult male member of his family residing with him; if there is no such adult member, the service may be effected by affixing a copy of the summons in some conspicuous part of the house where the person summoned ordinarily resides or last resided.
(3) If the ordinary residence of the person summoned be in any other District, the summons may be sent by post to the Deputy Commissioner of that District, who shall cause it to be served in accordance with sub-section (2).
(4) Notwithstanding anything contained in sub-section (2) or (3), a Revenue Court may either on its own motion or on the application of a party, either in the first instance or when summons last issued is returned unserved, direct the service of summons by registered post prepaid for acknowledgement. The postal acknowledgement purporting to contain the signature of the person summoned may be deemed to be prima fade proof of sufficient service of the summons on the persons summoned on the day on which it purports to have been signed by him. If the postal cover is returned unserved, any endorsement purporting to have been made thereon by the delivery peon or other employee or Officer of the Postal Department shall be prima facie evidence of the statements contained in such endorsement.
Section30 Mode of serving notices
(1) Every notice under this Act, unless it is otherwise expressly provided, shall be served by tendering or delivering a copy thereof, to the person on whom it has to be served or his agent, if he have any, or by affixing a copy thereof to some conspicuous place on the land, if any, to which such notice refers.
(2) If the person on whom the notice is to be served resides in any other district, the notice may be sent by post to the Deputy Commissioner of that District, who shall cause it to be served in accordance with sub-section (1).
(3) No notice served under this section shall be deemed void on account of any error in the name or designation of any person referred to therein, unless such error has caused substantial injustice.
Section31 Procedure for procuring attendance of witnesses
(1) In any formal or summary inquiry, if any party desires the attendance of witnesses, he shall follow the procedure prescribed by the Code of Civil Procedure, 1908, for purposes of applying for summonses for witnesses.
Section 32 Compelling attendance of witnesses and examination of witnesses on commission.
(1) If any person on whom a summons to attend as witness or to produce any document has been served, fails to comply with the summons, the Officer by whom the summons has been issued may.
(a) issue a bailable warrant of arrest;
(b) order him to furnish security for appearance; or
(c) impose upon him a fine not exceeding twenty rupees.
(2) Notwithstanding anything contained in sub-section (1), when the person whose evidence is required is unable from sickness or infirmity to attend or is a person exempted under Section 132 or Section 133 of the Code of Civil Procedure, 1908, from personal appearance before a Court, the Officer issuing the summons may, of his own motion, or on the application of the party whose evidence is desired, dispense with the appearance of such person, and direct such person to be examined on commission issued to a subordinate Officer deputed for the purpose.
Section33 Formal Inquiry
(1) In any formal inquiry prescribed for the determination of any question by or under this Act, or any law for the time being in force, the evidence shall be taken down in full, in writing in Kannada or English or in any such language as may be prescribed by the State Government for use in the District or part of the District, by the Officer conducting the inquiry and shall be signed by him.
(2) Where on account of physical disability or other reason to be recorded, the Officer conducting the inquiry docs not take down the evidence himself, he shall cause such evidence to be taken down in full in writing in his presence and hearing and under his personal superintendence and direction, and such record shall be signed by him.
(3) Every decision or order after a formal inquiry shall contain a full statement of the grounds on which it is made or passed and shall be written and signed by the Officer making the decision or passing the order, or from the dictation of such Officer, in which case, a certificate to that effect shall be made and signed by such Officer in his own hand.
Section 34 Summary Inquiry
When a summary inquiry is prescribed for determination of any question by or under this Act or any law for the time being in force, the Officer conducting such inquiry shall himself, as such inquiry proceeds, record in his own hand, in Kannada or in English or in any other language of the taluk or village as declared by State Government, the summary of the evidence and a minute of the proceedings containing the material averment made by the parties interested, the decision and the reasons for the same:
Provided that it shall at any time be lawful for the Officer, if he deems fit, to conduct an inquiry directed by this Act to be summary, under all or any of the provisions applicable to a formal inquiry.
Section 35 Formal and Summary Inquiry to be deemed judicial proceedings
A formal or a summary inquiry under this Act shall be deemed to be "judicial proceedings" within the meaning of Sections 193, 219 and 228 of the Indian Penal Code, and the Officer or any authority holding a formal or summary inquiry shall be deemed to be a Civil Court for the purposes of such inquiry.
Section 36 Hearing and decisions to be in public and after notice
(1) Every hearing whether in a formal or summary inquiry, shall be in public and the parties or their recognised agents shall have due notice to attend. Every order passed after hearing shall be signed and pronounced in open Court on a day of which due notice shall be given to the parties or their recognised agents:
Provided that when neither a party nor his recognised agent is present in Court when the order is pronounced, the substance of the order containing the decision shall be communicated by post to such party or his recognised agent,
(2) If any party to a case or proceeding, whether in a formal or summary inquiry does not appear on the date fixed for hearing, after due service of a notice or summons on him, the case or proceeding may be heard and determined in his absence, or may be dismissed for default, as the case may be.
(3) The party against whom any order is passed under sub-section (2) may apply within thirty days from the date of such order or knowledge of the order in case the notice or summons was not duly served, to have it set aside on the ground that he was prevented by any sufficient cause from appearing at the hearing and the Revenue Officer may, after a notice to the opposite party who was present on the date on which such order was passed and after making such inquiry as he considers necessary, set aside the order passed and decide the case on merits.
Section 37 Inquiries other than formal or summary
An inquiry which this Act does not require, either to be formal or summary, or which any Revenue Officer may, on any occasion, deem to be necessary to make in the execution of his lawful duties, shall be conducted according to such rules applicable thereto, whether general or special, as may have been prescribed by the State Government, and subject to such rules, according to the discretion of the Officer in such a way as may seem best calculated for the ascertainment of all essential facts and the furtherance of the public good.
Section 38 Power to enter upon any lands or premises for the purposes of measurements, etc.
Whenever necessary, for the purposes of measurement, fixing or inspecting boundaries, classification of soil, or assessment or for any other purpose connected with the lawful exercise of his office under the provisions of this Act, or of any other law for the time being in force, relating to land revenue, any Revenue Officer and, when under his observation and control, his servants and workmen, when so directed, may enter any land or premises, whether belonging to the State Government or to any other person:
Provided that no person shall enter into any building used as a dwelling house or upon any enclosed court or garden attached to a dwelling house, unless with the consent of the occupier thereof, without giving such occupier previous notice of not less than seven days and in making such entry, due regard shall be paid to the social and religious sentiments of the occupier.
Section 39 Manner of evicting any person wrongfully in possession of land
Whenever it is provided by this Act or any other law for the time being in force that the Deputy Commissioner may or shall evict any person wrongfully in possession of land or where any order to deliver possession of land has been passed against any person under this Act, such eviction shall be made or such order shall be executed, as the case may be, in the following manner, namely.
(i) by serving a notice on the person or persons in possession requiring them within such time as may appear reasonable after receipt of the said notice to vacate the land; and
(ii) if such notice is not obeyed, by removing or deputing a subordinate Officer to remove any person who may refuse to vacate the same; and
(iii) if the Officer removing any such person is resisted or obstructed by any person, the Deputy Commissioner or the Revenue Officer, as the case may be, shall hold a summary inquiry into the facts of the case and, if satisfied that the resistance or obstruction was without any just cause and that such resistance and obstruction still continues, may, without prejudice to any proceedings to which such person may be liable under any law for the time being in force for the punishment of such resistance or obstruction, take or cause to be taken, such steps and use or cause to be used, such force as may, in the opinion of such Officer, be reasonably necessary for securing compliance with the order.
CHAPTER 4 Constitution and Powers of the Karnataka Revenue Appellate Tribunal
Section 40 Constitution of the Revenue Appellate Tribunal
(1) The State Government shall, by notification, constitute for the State of Karnataka, an Appellate Tribunal called the Karnataka Revenue Appellate Tribunal.
(2) The Tribunal shall consist of the following six members appointed by the State Government, namely.
(a) a Chairman, who shall be an Officer of the rank of a Divisional Commissioner; and
(b) five members, three of whom shall be persons who are District Judges, and the others shall be Officers having experience in administration of revenue matters not below the rank of a Deputy Commissioner.
(3) If, by reason of any increase in the business of the Tribunal or by reason of arrears of work therein or otherwise, it appears to the State Government that the number of members of the Tribunal should be for the time being increased, the State Government may, by notification, appoint persons having the qualifications specified in clause (b) of sub-section (2) to be additional members of the Tribunal for such period as the State Government may specify.
(4) The Karnataka Revenue Appellate Tribunal constituted under the Karnataka Revenue Appellate Tribunal Act, 1957 {Karnataka Act 24 of 1957) and functioning as such immediately prior to the commencement of this Act shall continue to function as the Tribunal for the purposes of this Act, until a Tribunal is duly constituted in accordance with the provisions of this section.
Section 41 Conduct of business of the Tribunal
(1) The powers of the Tribunal in all matters relating to appeals, revisions and other proceedings, shall be exercised by a Bench of two members:
Provided that the Chairman of the Tribunal may, and if a Bench consisting of two members so thinks fit, shall, constitute a full Bench consisting of not less than three members for the hearing of any appeal, revision, reference or other proceeding:
Provided further that in every Bench there shall be a District Judge and an Officer having experience in administration of revenue matters.
(2) Notwithstanding anything contained in sub-section (1), a single member of the Tribunal may exercise the powers of the Tribunal in the following matters, namely.
(i) admission of an appeal or revision petition;
(ii) admission of an appeal or revision petition presented after the expiry of the period allowed by law;
(iii) stay orders pending disposal of an appeal, revision, reference or other proceeding;
(iv) any matter of an interlocutory character in appeals, revisions, references or other proceedings:
Provided that any person aggrieved by an order of rejection of an appeal or petition may apply for a revision of such order, when the matter shall be heard and disposed of by a Bench of two members.
(3) Where an appeal, revision, reference or application is heard by a Bench consisting of two or more members, the appeal revision, reference or application shall be decided in accordance with the opinion of such members or of the majority, if any, of such members:
Provided that where the Bench hearing an appeal, revision, reference or application is composed of two members, and the members composing the Bench differ in opinion on any point material for the decision of the case, they shall state such point, and the case shall men be heard upon that point only by another member of the Tribunal and such point shall be decided according to the opinion of the majority of the members, including those who first heard it.
Section42 Sittings of the Tribunal
(1) The headquarters of the Tribunal shall be at Bangalore.
(2) Notwithstanding anything contained in sub-section (1), Benches of the Tribunal may, from time to time and subject to such conditions as may be prescribed, have sittings at such places as the Chairman of the Tribunal may specify.
Section43 Powers of the Tribunal
(1) The Tribunal shall exercise such powers of appeal, reference or revision as are vested in it by or under this Act or any other law for the time being in force.
(2) All appellate and revisional powers vested in or exercisable under any law by the Tribunal constituted under the Karnataka Revenue Appellate Tribunal Act, 1957 (Karnataka Act 24 of 1957), before the commencement of this Act, shall stand transferred to and be exercisable by the Tribunal constituted under Section 40 and any reference in any law to the Karnataka Board of Revenue or to the Karnataka Revenue Appellate Tribunal shall be construed as a reference to the Tribunal constituted under Section 40.
(3) The State Government may, by notification, confer upon or entrust to the Tribunal any appellate or revisional power or function assigned to the State Government or other authority or Officer by or under any law for the time being in force, and the Tribunal shall be competent to exercise the powers or discharge the functions so conferred or entrusted.
Section44 Powers of review
(1) The Tribunal may either on its own motion or on the application of any party affected, review any order passed by itself and pass such orders in reference thereto as it deems necessary:
Provided that no such application made by any party thereto shall be entertained unless the Tribunal is satisfied that there has been discovery of new and important matter or evidence which after the exercise of due diligence was not within the knowledge of such party or could not be
produced by him at the time when the order was passed or that there has been some mistake or error apparent on the face of the record or that there has been any other sufficient reason:
Provided further that.
(i) no order shall be varied or reversed unless notice has been given to the parties affected; and
(ii) no order affecting any question of right between private persons shall be reviewed except on the application of the party affected.
(2) Every application under sub-section (1) for a review of the order shall be made within a period of ninety days from the date of the order.
(3) The provisions of Sections 4, 5 and 12 of the Limitation Act, 1963, shall apply to an application for review under this section.
Section45 Finality of the orders of the Tribunal
Notwithstanding anything contained in any law, but subject to the provisions of Section 44 every decision of the Tribunal shall be final and shall not be called in question in any Court.
Section46 Powers of the Tribunal to call for returns, etc.
The Tribunal may, in respect of matters subject to its appellate or revisional jurisdiction, do all or any of the following, namely.
(a) call for returns from the authorities subject to its jurisdiction;
(b) issue general directions and prescribe forms for regulating the practice and proceedings of such authorities:
Provided that such directions and forms shall not be inconsistent with the provisions of any law for the time being in force.
Section47 Proceedings of Tribunal to be judicial proceedings
Any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 and for the purpose of Section 196 of the Indian Penal Code and the Tribunal shall be deemed to be a Civil Court for all the purposes of Section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898).
Section48 Power to make regulations
(1) The Tribunal shall, after previous publication and with the previous sanction of the State Government, make regulations consistent with the provisions of this Act, and the rules made thereunder for regulating generally the practice and procedure of the Tribunal and the disposal of its business including regulations as to the time within which, in the absence of any express provision in the relevant enactment, appeals or applications to the Tribunal, may be filed and as to the costs of and incidental to any proceedings before the Tribunal.
(2) The regulations made under sub-section (1) shall be published in the Official Gazette.
CHAPTER 5 Appeal and Revision
Section49 Appeals from original orders
Save as otherwise expressly provided, an appeal shall lie from every original order passed under this Act or the rules made thereunder 11. Inserted by Act No. 33 of 1975 and shall be deemed to have come into force w.e.f. 10-7-1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [and from every order made in exercise of the powers conferred by Section 54 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908)].
(a) if such an order is passed by a Revenue Officer subordinate to the Assistant Commissioner 22. Inserted by Act No. 33 of 1975 and shall be deemed to have come into force w.e.f. 10-7-1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [whether or not invested 33. Inserted by Act No. 22 of 1976 and shall be deemed to have come into force w.e.f. 24-12-1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [or dele
(b) if such an order is passed by the Assistant Commissioner whether or not invested with the powers of the Deputy Commissioner, to the Deputy Commissioner;
11. Clauses (c) to (h) substituted for clauses (c) to (g) by Act No. 33 of 1975 and shall be deemed to have come into force w.e.f. 10-7-1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.
[(c) if such an order is passed by the Deputy Commissioner, to the Tribunal;
(d) if such an order is passed by the Divisional Commissioner, to the Tribunal;
(e) if such an order is passed by a Survey Officer below the rank of an Assistant Superintendent of Land Records or the Assistant Superintendent for settlement to the Assistant Superintendent of Land Records or the Assistant Superintendent for Settlement, as the case may be;
(f) if such an order is passed by a Survey Officer of the rank of an Assistant Superintendent of Land Records or Assistant Superintendent for Settlement, to the Deputy Commissioner of Land Records or the Deputy Commissioner for Settlement, as the case may be;
(g) if such an order is passed by the Deputy Commissioner of Land Records or the Deputy Commissioner for Settlement, to the Director of Survey, Settlement and Land Records;
(h) if such an order is passed by the Director of Survey, Settlement and Land Records, to the Tribunal.]
Section50 Second appeal
(1) A second appeal shall lie against any order passed in a first appeal under Section 49.
(a) if such an order is passed by the Assistant Commissioner, to the Deputy Commissioner;
11. Clauses (b) and (b-1) substituted for clauses (b) and (bb) by Act No. 33 of 1975 and shall be deemed to have come into force w.e.f. 10-7-1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [(b) if such an order is passed by the Deputy Commissioner, to the Tribunal;
(b-1) if such an order is passed by the Assistant Superintendent for Settlement or the Assistant Superintendent of Land Records, to the Director of Survey, Settlement and Land Records;]
(c) if such an order is passed by the Deputy Commissioner of Land Records or Deputy Commissioner for Settlement or by the 22. Substituted for the words "Commissioner of Survey" by Act No. 33 of 1975 and shall be deemed to have come into force w.e.f. 10-7-1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [Director of Survey], Settlement and Land Records to the Tribunal.
(2) An order passed on second appeal shall be final.
Section51 Limitation of appeals
No appeal shall lie
(a) in the case of a first appeal, after the expiry of sixty days from the date of the order appealed against; and
(b) in the case of a second appeal, after the expiry of ninety days from the date of the order appealed against.
Section52 Application of the Limitation Act
Save as otherwise provided in this Act, the provisions of Sections 4, 5 and 12 of the Limitation Act, 1963 (Central Act 36 of 1963) shall mutatis mutandis apply to all appeals under this Act.
Section53 Copy of the order to accompany petition or appeal
Every petition or appeal shall be accompanied by a certified copy of the order appealed from, unless the production of such copy is dispensed with by the Appellate Authority.
Section54 Powers of Appellate Authority
The Appellate Authority may, for reasons to be recorded in writing either annul, reverse, modify or confirm the order appealed from, or may direct the Officer making the order by himself or by any of his subordinate Officers, to make further inquiry or to take additional evidence on such points as the Appellate Authority may specify, or the Appellate Authority may itself make such inquiry or take such additional evidence:
Provided mat no additional evidence, whether oral or documentary shall be directed to be taken, unless.
(a) the Revenue Officer from whose order the appeal is preferred has refused to admit evidence which ought to have been admitted; or
(b) the Appellate Authority requires any document to be produced or any witness to be examined to enable it to pronounce orders; or
(c) for any substantial cause the Appellate Authority allows such evidence or document to be produced or witness to be examined:
Provided further that when additional evidence is allowed to be produced, by an Appellate Authority, such authority shall record the reason for its admission.
Section55 Stay of execution of orders
(1) A Revenue Officer who has passed an order or his successor in office, may at any time before the expiry of the period prescribed for appeal, direct the execution of such order to be stayed for such time as may be requisite for filing the appeal and obtaining a stay order from the Appellate Authority.
(2) The Appellate Authority may, at any time, direct that the execution of the order appealed from, be stayed for such time as it may think fit, or till the decision of the appeal, whichever is earlier and may on sufficient cause being shown, cancel or vary such order made directing stay.
(3) No order directing the stay of execution of any order shall be passed except in accordance with the provisions of this section.
Section56 Power of revision
(1) The Tribunal, any Revenue Officer not inferior in rank to an Assistant Commissioner, and any Survey Officer not inferior in rank to a Superintendent of Land Records or an Assistant Settlement Officer in their respective departments, may call for and examine the record of any inquiry or the proceedings of any subordinate Officer under this Act 11. Inserted by Act No. 33 of 1975 and shall be deemed !o have come into force w.e.f. 10-7-1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [or under Section 54 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908)] for the purpose of satisfying itself or himself, as the case may be, as to the legality or propriety of the proceedings of such Officer. 22. Proviso omitted by Act No. 33 of 1975 and shall be deemed to have come into force w.o.f. 10-7-1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [x x x x x.]
33. Explanation substituted by Act No. 33 of 1975 and shall be deemed to have come into force w.e.f. 10-7-1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.
[Explanation. For the purposes of this sub-section.
(i) Special Deputy Commissioner shall be deemed to be not subordinate to the Deputy Commissioner; and
(ii) all revenue officers shall be deemed to be subordinate to the Tribunal.]
44. Sub-section 1-A omitted by Act No. 33 of 1975 and shall be deemed to have come into force w.e.f. 10-7-1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.
[(1A) x x x x x.]
(2) If, in any case, it shall appear to the Tribunal 55. The words "the State Government" omitted by Act No. 22 of 2000 and shall be and shall be deemed to have been omitted w.e.f. 10-7-1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [x x x x x] or to such Officer aforesaid, that any decision or order or proceedings so called 11. The words "the State Government" omitted by Act No. 22 of 2000 and shall be and shall be deemed to have been omitted w.e.f. 10-7-1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [x x x x x] or such Officer may pass such order as may be deemed fit:
Provided that no order shall be modified, annulled, or reversed unless notice has been served on the parties interested and opportunity given to them of being heard.
22. Sub-section (3) substituted by Act No. 33 of 1975 and shall be deemed to have come into force w.e.f. 10-7-1975 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.
[(3) No application for revision under this section and no power of revision on such application shall be exercised against any order in respect of which an appeal under this Chapter has been preferred and no application for revision shall be entertained unless such application is presented within a period of four months from the date of such order:
Provided that any Revenue Officer or Survey Officer referred to in sub-section (1) may exercise power under this section in respect of any order against which no appeal has been preferred under this Chapter at any time within three years from the date of the order sought to be revised.
Explanation. In computing the period of limitation for the purpose of this sub-section, any period during which any proceeding under this section is stayed by an order or an injunction by any Court shall be excluded.]
Section57 Orders expressly made final under the Act
Whenever in this Act it is declared that an order of a Revenue Officer shall be final, such expression shall be deemed to mean that no appeal lies from such order. The Tribunal alone shall be competent to modify, annul or reverse any such order under the provisions of Section 56.
Section58 Amendment of orders
Clerical or arithmetical mistakes in orders arising therein from any accidental slip or omission may at any time be corrected by the Revenue Officer passing the order or by any of his successors in office, either on his own motion or on the application of any of the parties concerned:
Provided that no such correction shall be made without giving a reasonable opportunity to the parties to be heard.
Section59 Orders not reversible by reason of error or irregularity not occasioning failure of justice
No order passed by a Revenue Officer shall be reversed or altered in appeal or revision on account of an error, omission, or irregularity in the summons, notice, proclamation, warrant or order or any other proceedings under this Act, unless such error, omission or irregularity has, in fact, occasioned a failure of justice.
CHAPTER 6 Revenue Jurisdiction
Section60 Definitions
In this Chapter, unless the context other wise requires.
(a) "Land" includes the sites of villages, towns and cities, trees, growing crops and grass, fruit upon, and juice in, trees, rights of way, ferries and fisheries;
(b) "Land Revenue" means all sums and payments in money or in kind received or claimable by, or on behalf of Government from any person on account of land held by, or vested in, him, 11. Substituted for the words "and any tax" by Act No. 9 of 1965 and shall be deemed to have come into force w.e.f. 1-4-1964 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [and includes any tax], cess, rate or other impost payable under the provisions of any law for the time being in force.
Section61 Exclusive jurisdiction of Revenue Courts and bar of jurisdiction of Civil Courts.
(1) Save as otherwise provided in this Act, or any other law for the time being in force, a Revenue Court shall have jurisdiction to determine, decide or dispose of, any matter which it is, by or under this Act, empowered to determine, decide or dispose of and no Civil Court shall exercise jurisdiction as to any of such matters.
(2) Subject to the exceptions hereinafter specified, no Civil Court shall exercise jurisdiction as to any of the following matters namely.
(a) claims against the Government relating to any property appertainig to any office or for any service whatsoever;
(b) objections.
(i) to the amount or incidence of any assessment of land reveue under this Act; or
(ii) to the mode of assessment or levy, or to the principle on which such assessment or levy is fixed; or
(iii) to the validity or effect of the notification of survey or settlement;
(c) claims connected with or arising out of any proceedings for the realisation of land revenue or other demands recoverable as arrears of land revenue under this Act, or any other law for the time being in force;
(d) claims to set aside, on account of irregularity, mistake, or any other ground, except fraud, sales for arrears of land revenue;
(e) claims against the Government.
(i) to be entered in the revenue survey or settlement records or any land record as liable for the revenue or as superior holder, inferior holder, occupant, mortgagee, landlord or tenant;
(ii) to have any entry made in any record of a revenue survey or settlement; or
(iii) to have any such entry either omitted or amended;
(f) the distribution of land or allotment of land revenue on partition of any estate under this Act or any other law for the time being in force;
(g) claims against the Government
(i) to hold land wholly or partially free from payment of land revenue; or
(ii) to receive payments charged on or payable out of the land revenue; or
(iii) to set aside any cess or rate payable under the provisions of any law for the time being in force; or
(iv) respecting the occupation of waste or vacant land belonging to Government;
Section62 Savings of certain suits
Nothing in Section 61 shall be held to prevent the Civil Courts from entertaining any of the following suits, namely.
(a) suits against the State Government to contest the amount claimed or paid under protest, or recovered as land revenue on the ground that such amount is in excess of the amount authorised in that behalf by the State Government or that such amount had previous to such claim, payment or recovery been satisfied in whole or in part or that the plaintiff or the person whom he represents is not the person liable for such amount;
(b) suits between Private parties for the purpose of establishing any private right, although it may be affected by any entry in any land record;
(c) suite between private parties for possession of any land being a whole survey number or sub-division of a survey number or a part thereof.
Section63 Plaintiff to exhaust his right of appeal before instituting a suit or other proceeding against Government
No Civil Court shall entertain any suit or other proceeding against the State Government on account of any act or omission of the State Government or any Revenue Officer, unless the plaintiff first proves that previously to the institution of the suit or other proceeding, he has presented all such appeals allowed by the law for the time being in force as, within the period of limitation allowed for bringing such suit or proceeding, it was possible to present.
Section64 Power of Tribunal to refer questions for decision of High Court
(1) If, in any case which, but for the provision of this Chapter, might have been entertained and disposed of by a Civil Court, or in any appeal or other proceeding against the order passed in such case, there arises any question on which the Tribunal whether suo motu or on the application of the party interested, desires to have the decision of the High Court, the Tribunal may cause a statement of the question to be prepared and may refer such question for the decision of the High Court.
(2) The High Court shall fix an early day for the hearing of the question referred, and cause notice of such day to be placed in the Court House. The parties to the case may appear and be heard by the High Court in person or by their Advocates.
(3) The High Court, when it has heard and considered the case, shall send a copy of its decision with the reasons therefor under the seal of the Court to the Tribunal and subject to any appeal that may be presented to the Supreme Court, the case shall be disposed of conformably to such decision.
(4) If the High Court considers that any statement referred to under sub-section (1) is imperfectly framed, the High Court may return it for amendment.
(5) The costs, if any, consequent on any such reference shall be deak with as the High Court in each case directs.
Section65 Power of Civil Court to refer questions of jurisdiction to High Court
(1) If, in any suit instituted or in any appeal presented in a Civil Court, the Judge doubts whether he is precluded by this Chapter from entertaining and disposing of the suit or appeal, he may refer the matter to the High Court.
(2) The High Court may order the Judge making the reference, either to proceed with the case or to return the plaint.
(3) The order of the High Court on any such reference shall subject to appeal, if any, to the Supreme Court, be final.
Section66 Composition of Bench
Every reference under Section 64 or Section 65 shall be heard by a Bench consisting of not less than two judges of the High Court.
CHAPTER 7 Land and Land Revenue Land
Section67 Public Roads, etc., and all lands which are not the property of others belong to the Government.
(1) All public roads, streets, lanes and paths, bridges, ditches, dikes and fences, on or beside the same, the bed of the sea and of harbours and creeks below high water mark and of rivers, streams, nallas, lakes and tanks and all canals and water-courses and all standing and flowing waters, and all lands wherever situated which are not the property of individuals or of aggregate of persons legally capable of holding property, and except in so far as any rights of such persons may be established, in or over the same, and except as may be otherwise provided in any law for the time being in force, are and are hereby declared to be with all rights in or over the same or appertaining thereto, the property of the State Government.
Explanation. In this section, "high-water mark" means the highest point reached by ordinary spring tides at any season of the year.
(2) Where any property or any right in or over any property is claimed by or on behalf of the State Government or by any person as against the State Government, it shall be lawful for the Deputy Commissioner or a Survey Officer not lower in rank than a Deputy Commissioner, after formal inquiry to pass an order deciding the claim.
(3) Any person aggrieved by an order made under sub-section (2) or in appeal or revision therefrom may institute a civil suit contesting the order within a period of one year from the date of such order and the final decision in the civil suit shall be binding on the parties.
Section68 Extinction of rights of public and individuals in or over any public road, street, lane or path not required for use of public
(1)Whenever it appears to the State Government that the whole or any part of any public road, street, lane, or path which is the property of the State Government, is not required for the use of the public, the State Government may, by notification, make a declaration to such effect, staring in such declaration that it is proposed that the rights of the public as well as of all persons in or over any such road, street, lane or path or part thereof, as the case may be, shall be extinguished. On the publication of such notification, the Deputy Commissioner, shall, as soon as possible cause public notice of such declaration to be given at convenient places on, or in the vicinity of, such road, street, lane or path, or part thereof, as the case may be. Such declaration and notice shall specify, as far as practicable, the situation and limits of such road, street, lane or path or part thereof, and shall invite objections to the aforesaid proposal.
(2) Any member of the public or any person having any interest or right, in addition to the right of public high-way, in or over such road, street, lane or path or part thereof, or having any other interest or right which is likely to be adversely affected by the proposal may, within ninety days after the issue of the notification, under sub-section(l), state to the Deputy Commissioner in writing his objections to the proposal, the nature of his interest or right and the manner in which it is likely to be adversely affected and the amount and particulars of his claim to compensation for such interest or right:
Provided that the Deputy Commissioner may allow any person to make such statement after the period of ninety days after the issue of the notification under sub-section (1), if he is satisfied that such person had sufficient cause for not making it within the said period.
(3) The Deputy Commissioner shall give every person who has made a statement to him under sub-section (2), an opportunity of being heard either in person or by pleader and shall, after hearing all such persons in such manner and after making such further enquiry, if any, as he thinks necessary, determine the amount of compensation, if any, which should, in his opinion, be given in any case in respect of any substantial loss or damage likely to be caused by the proposed extinction of the rights of the public as well as of persons as aforesaid. The provisions of Sections 9, 10 and 11 of the Land Acquisition Act, 1894 (Central Act I of 1894) shall, so far as may be, apply to the proceedings held by the Deputy Commissioner under this sub-section.
(4) The Deputy Commissioner shall submit to the State Government the record of the proceedings held by him with the report, containing his recommendations on the objections; if any, received by him stating the amount of compensation, if any, which, in his opinion, are payable to any person.
(5) If the State Government is satisfied after considering the record of the proceedings and the report, if any, made under sub-section (4) that the public road, street, lane or path, or part thereof, specified in the notification under sub-section (1) is not required for the use of the public, a declaration shall be published in the Official Gazette that all rights of the public as well as of all persons in or over such road, street, lane, or path, or part thereof, are extinguished; and all such rights shall thereupon be extinguished, and such road, street, lane or path, or part thereof, shall be at the disposal of the State Government with effect from the date of such declaration.
(6) The decision of the Deputy Commissioner, subject to such appeals or revision as are allowed under Chapter V, regarding the amount of compensation and the person to whom such compensation, if any, is payable, shall be final; and payment shall be made by the Deputy Commissioner to such persons accordingly.
Section69 Disposal of lands or other property belonging to State Government under Section 67
11. Section 69 substituted by Act No. 5 of 1970 and shall be deemed to have come into force w.e.f. 23-10-1969 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [Subject to such rules as may be made in this behalf, the State Government, the Divisional Commissioner, the Deputy Commissioner, the Assistant Commissioner in-charge of a Taluk or Taluks and the Tahsildar, may dispose of land or other property belonging to the State Government under Section 67 or otherwise, for purposes of agriculture, industry or any public utility and subject to the provisions of Chapter XII for the construction of buildings.]
Section70 Right to mines and mineral products to vest in Government.
11. Substituted for the words "Save as otherwise expressly provided under" by Act No. 20 of 1993 and shall be and shall be deemed always to have been substituted and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [Not-withstanding anything contained in] any law in force before the commencement of this Act or under the terms of any grant made or of any other instrument of transfer executed, by or on behalf of the Government for the time being, the right to mines, minerals and mineral products, shall vest absolutely in the State Government and the State Government shall, subject to the provisions of the Mines and Minerals (Regulation and Development) Act, 1957 (Central Act No. 67 of 1957), have all the powers necessary for the proper enjoyment or disposal of such rights.
Section71 Lands may be assigned for special purposes and when assigned, shall not be otherwise used without sanction of the Deputy Commissioner
Subject to the general orders of the State Government, Survey Officers, whilst survey operations are proceeding under this Act, and at any other time, the Deputy Commissioner, may set apart lands, which are the property of the State Government and not in the lawful occupation of any person or aggregate of persons in any village or portions of a village, for free pasturage for the village cattle, for forest reserves or for any other public purpose; and lands assigned specially for any such purpose shall not be otherwise used without the sanction of the Deputy Commissioner; and in the disposal of lands under Section 69 due regard shall be had to all such special assignments.
Section72 Regulation of use of pasturage
The right of grazing on free pasturage lands shall extend only to the cattle of the village or villages to which such lands belong or have been assigned, and shall be regulated by rules or orders made generally or in any particular instance, by the State Government. The decision of the Deputy Commissioner in any case of dispute as to the said right of grazing shall be final.
Section73 Recovery of value of natural product unauthorisedly removed from certain lands.
(1) Any person who shall unauthorisedly remove from any land which is set apart for a special purpose or from any land which is the property of Government, any natural product shall be liable to the State Government for the value thereof which shall be recoverable from him as an arrear of land revenue, in addition to any penalty to which he may be liable under this Act for such unauthorised removal; and notwithstanding any criminal proceedings which may be instituted against him in respect of such unauthorised removal.
(2) The decision of the Deputy Commissioner as to the value of any such natural product shall be final.
Section74 Right to trees in villages to which survey settlement has not been introduced
In any village or portions of a village to which survey settlement has not been introduced under this Act or under any of the Acts repealed by this Act, the right to all trees, except such as are reserved by the Government under any law for the time being in force, shall be deemed to vest in the occupant, if any, of the land upon which they may be standing, except when such trees are the property of the State Government.
Section75 Right to trees in villages, to which survey settlement has been introduced
(1) In any village or portions of a village if the original survey settlement has been completed before the commencement of this Act, the right of the State Government to all trees in any land, except trees reserved by the State Government or by any Survey Officer, whether by express order made at or about the time of such settlement or by notification made and published at or any time after such settlement shall be deemed to have been conceded to the occupant.
(2) In any village or portion of village, if the original survey settlement shall be completed after the passing of this Act, whether the work of such settlement was undertaken before or after the passing of this Act, the right of the State Government to all trees in any land shall be deemed to be conceded to the occupant of such land except in so far as any such rights may be reserved by the State Government at or about the time of such settlement or generally by notification made and published at any time previous to the completion of the survey settlement of such village or portion of a village.
(3) When permission to occupy land has been or shall hereafter be granted after the completion of the survey settlement of a village or portion of a village, in which such land is situate, the said permission shall be deemed to include the concession of the right of the State Government to all trees growing on that land which may not have been or which shall not hereafter be, expressly reserved at the time of granting such permission, or which may not have been reserved under any of the foregoing provisions of this section, at or about the time of the original survey settlement of the said village or portion of a village.
Section76 Trees and forests vesting in the Government
The right to all trees specially reserved under the provisions of Section 75 and to all trees, brush-wood, jungle or other natural product, wherever growing, except in so far as the same may be the property of any person or of aggregate of persons capable of holding property, vest in the State Government; and such trees, brush-wood, jungle or other natural product shall be preserved or disposed of in such manner as the State Government may from time to time direct.
Section77 Road-side trees
All road-side trees on lands held by any person which have been planted and reared by or under the orders of and at the expense of the State Government and all trees which have been planted and reared at the expense of any local authority by the side of any road, belonging to the State Government, vest in the State Government; but in the event of such trees dying, or being blown down, or being cut down by order of the Deputy Commissioner, the timber shall become the property of the holder of the land in which they were growing; and the usufruct including the loppings of such trees shall also vest in the said holder:
Provided that the trees shall not be lopped except under the orders of the Deputy Commissioner.
Section78 Recovery of value of trees, etc., unauthorisedly appropriated
(1) Any person who shall unauthorisedly fell and appropriate any tree or any portion thereof or remove from his holdings any other natural product, whether of the like description or not, which is the property of Government, shall be liable to the State Government for the value thereof, which shall be recoverable from him as an arrear of land revenue, in addition to any penalty to which he may be liable under the provisions of this Act, for the occupation of the land or otherwise; and notwithstanding any criminal proceedings which may be instituted against him in respect of the said appropriation of Government property.
(2) The decision of the Deputy Commissioner as to the value of any such tree or portion thereof or other natural product, shall be final.
Section79 Regulation of supply of firewood and timber for domestic or other purposes.
(1) In any village or land in which the rights of the State Government to the trees have been reserved under Section 75 subject to certain privileges of the villagers or of certain classes of persons to cut fire-wood or timber for domestic or other purposes and in any land which has been set apart under Section 71 for forest reserve subject to such privileges, and in all other cases in which such privileges exist in respect of any alienated land, the exercise of the said privileges shall be regulated by such rules as may be prescribed, or by orders to be made either generally or in any particular instance by the Deputy Commissioner or by such other Officer as the State Government may direct. In any case of dispute as to the mode or time of exercising such privileges, the decision of the Deputy Commissioner or of such Officer shall be final.
(2) Notwithstanding anything contained in sub-section (1) but subject to such general or special orders that may be issued by the State Government from time to time the previleges that are being enjoyed either by custom or under any order such as privileges in respect of Kumki lands, Bane lands and Kane lands in South Kanara District, Betta lands and Hadi lands in North Kanara District, Kan and Soppina Betta lands in Mysore Area, Jamma and Bane in Coorg District and 11. Substituted for the words "patashal wet lands" by Act No. 9 of 1965 and shall be deemed to have come into force w.e.f. 1-4-1964 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [motasthal wet lands] in Hyderabad Area shall continue.
Section80 All land liable to pay land revenue unless specially exempted
All land, whether applied to agricultural or other purposes and wherever situate, is liable to the payment of land revenue to the State Government according to the provisions of this Act, except such as may be wholly exempted under the provisions of any special contract with the Government or any provision of this Act or any other law for the time being in force: 11. Proviso inserted by Act No. 10 of 1985, w.e.f. 27-4-1985 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11- 2000.
[Provided that the State Government may, by notification or order and subject to such conditions if any, as may be specified therein, for reasons to be recorded in writing, exempt either prospectively or retrospectively any class of lands in any area or areas or any part thereof from the payment of land revenue.]
Section81 Alluvial land and its liability to land revenue
(1) Notwithstanding any law, custom or usage to the contrary all alluvial lands, newly formed islands, abandoned river-beds shall vest in the State Government but the holder or occupant of the bank or shore on which such alluvial land is formed, shall be entitled to the temporary use thereof, unless and until the area of the same exceeds one acre, in which case such land, island or river-bed shall be at the disposal of the Deputy Commissioner, subject to the provisions of Section 92.
(2) No land revenue shall be leviable in respect of any alluvial lands, newly formed islands or abandoned river-beds during the period of temporary use under sub-section (1).
Section82 Remission of assessment in cases of diluvion
Every holder of land paying land revenue in respect thereof shall be entitled, subject to such rules as may be prescribed, to a decrease of assessment, if any portion thereof, not being less than half an acre in extent, is lost by diluvion.
Section83 Manner of assessment, commutation of non-agricultural assessment and prohibition of use of land for certain purposes
(1) Save as otherwise provided by or under this Act, the land revenue leviable on any land under this Act, shall be assessed or shall be deemed to have been assessed, with reference to the use of the land for the purpose of agriculture.
(2) If any land held or used for any purpose other than agriculture be diverted or used for the purpose of agriculture, such land shall, notwithstanding that it was exempt from assessment or was assessed with reference to any purpose other than agriculture, be liable to the payment of land revenue at such rates and subject to such rules as may be prescribed in this behalf, as for land used for the purpose of agriculture.
(3) Land revenue leviable on any land and assessed or deemed to be assessed under any enactment or law in force before the commencement of this Act, with reference to the use of that land.
(a) for purpose of dwelling houses;
(b) for industrial or commercial purposes; or
(c) for any other non-agricultural purpose, shall, notwithstanding anything contained in mis Act, continue to be levied at such rate at which it was levied or was leviable as at the commencement of this Act, unless such assessment is commuted in accordance with the provisions of sub-section (4).
(4) Where in respect of any land used for any purpose other than agriculture, assessment payable annually was leviable or has been levied by or under any enactment or law in force before the commencement of this Act, such assessment may, in accordance with such rules as may be prescribed, be commuted by payment to the State Government of an amount equal to five times the amount of such annul assessment, and on such commutation such land shall be exempt from such annual assessment.
(5) The Deputy Commissioner or a Survey Officer may, subject to such rules as may be prescribed in this behalf, prohibit the use for certain purposes of any land liable to the payment of land revenue and may summarily evict any holder or other person who uses or attempts to use the same tor any such prohibited purpose.
Section84 Assessment by whom to be fixed
(1) On all lands which are not wholly exempt from the payment of land revenue and on which assessment has not been fixed under the provisions of Chapter X, the assessment of the amount to be paid as land revenue, shall, subject to such rules as may be made by the State Government in this behalf, be fixed by the Deputy Commissioner, for such period not exceeding the maximum prescribed as the State Government may, by general or special order, specify, and the amounts due according to such assessment shall be levied on all such lands:
Provided that in the case of lands partially exempt from land revenue, or the liability of which to the payment of land revenue is subject to special conditions or restrictions, regard shall be had in the fixing of the assessment and the levy of the revenue to all rights legally subsisting according to the nature of the said rights:
Provided further that where any land which was wholly or partially exempt from payment of land revenue has ceased to be so exempt, it shall be lawful for the Deputy Commissioner to fix the assessment of the amount to be paid as land revenue for such land, with effect from the date on which such land ceased to be so exempt or any subsequent date, as he may deem fit.
(2) After the expiry of the period for which the assessment of any land is fixed under sub-section (1), the Deputy Commissioner may from time to time revise the same in accordance with the rules made in this behalf by the State Government. The assessment so revised shall be fixed each time for such period not exceeding the maximum prescribed as the State Government may, by general or special order, specify.
Section85 Register of alienated lands
A register shall be kept by the Deputy Commissioner in such form as may, from time to time, be prescribed by the Government, of all lands the alienation of which has been established or recognised under the provisions of any law for the time being in force; and when it shall be shown to the satisfaction of the Deputy Commissioner, that a sannad granted in relation to any such alienated lands has been permanently lost or destroyed, he may, subject to the rules and the payment of such fees as may be prescribed, grant to any person whom he may deem entitled to the same, a certified extract from the said register which shall be endorsed by the Deputy Commissioner to the effect that it has been issued in lieu of the sannad said to have been lost or destroyed, and shall be deemed to be as valid a proof of title as the said sannad.
Section86 Settlement of assessment with whom to be made
The settlement of the assessment of each portion of land or survey number to the land revenue shall be made with the person who, under the provisions of this Act, is primarily responsible to the State Government for the same.
Section87 Land revenue to be a paramount charge on the land
(1) Arrears of land revenue due on account of the land by any land holder shall be a paramount charge on the holding and every part thereof, failure in payment of which shall make the occupancy or the holding together with all rights of the occupant or holder over all trees, crops, buildings and tilings attached to the land or permanently fastened to anything attached to the land, liable to forfeiture and an order in this behalf may be made by the Deputy Commissioner.
(2) On the making of an order of forfeiture under sub-section (1), the Deputy Commissioner may, subject to the provisions of Section 163, levy all sums in arrears, by sale of the occupancy or the holding or otherwise dispose of such occupancy or holding under rules made by the State Government in this behalf.
(3) Such occupancy or holding, when disposed of, whether by sale as aforesaid or otherwise under rules referred to in sub-section (2) except by restoration to the defaulter, shall, unless the Deputy Commissioner otherwise directs, be deemed to be freed from all tenures, rights, encumbrances and enquities theretofore created by the occupant or holder or any of his predecessors in title in favour of any person other than the Government or in any way subsisting against such occupant or holder, but so as not to affect the rights of kadim tenants or permanent tenants in alienated holdings in respect of such occupancy or holding,
Section88 Forfeited holdings may be taken possession of and otherwise disposed
The Deputy Commissioner may, in the event of the forfeiture of the holding through any default in payment or other failure occasioning such forfeiture under Section 87 or any law for the time being in force, take immediate possession of such holding and dispose of the same by placing it in the possession of the purchaser or other person entitled to hold it according to the provisions of this Act or any other law for the time being in force.
Section89 Receipts
(1) Every Revenue Officer receiving payment of land revenue shall, at the time when such payment is received by him, give in the prescribed form a written receipt for the same.
(2) Every superior holder who is entitled to receive direct from an inferior holder any sum due on account of the rent or land revenue shall, at the time when such sum is received by him, give in the prescribed form to such inferior holder a written receipt for the same.
Section90 Penalty for failure to grant receipts
Any person contravening the provisions of Section 89 shall, after summary enquiry before the Deputy Commissioner, be liable to pay as fine such amount as the Deputy Commissioner may specify, not exceeding three times the amount received for which a receipt was not duly granted.
CHAPTER 7A Construction of water course through land of another
11. Chapter VII-A and Sections 90-A, 90B and 90-C inserted by Act No. 20 of 1986, w.e.f. 10-5-1986 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.
Section90A Construction of water course through land belonging to other persons.
(1) If the State Government or a co-operative farm or any person (hereinafter in this chapter called the applicant), desires to construct a water course to take water for the purpose of agriculture from a source of water to which he or the State Government or such farm is entitled, but such water course is to be constructed through any land which belongs to, or is in possession of, another person (hereinafter in this Chapter called
Explanation. For the purposes of this Chapter "Co-operative farm" means a co-operative farm as defined in the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962) and "Neighbouring holder" shall include any person to whom the land belongs and all persons holding through or under him.
(2) On receipt of the application, if the Tahsildar after making an inquiry and after giving to the neighbouring holder and all other persons interested in the land an opportunity of stating any objection to the application, is satisfied that for ensuring the full and efficient use for agriculture of the land belonging to the applicant, it is necessary to construct the water course, he may by order in writing direct the neighbouring holder to permit the applicant to construct the water course subject to the following conditions, namely.
(a) the water course shall be constructed through such land in such direction and manner as is agreed upon by the parties or failing such agreement, as directed by the Tahsildar so as to cause as little damage to the land through which it is constructed, as may be possible;
(b) where the water course consists of pipes, the pipes shall be laid at a depth of not less than two feet from the surface of the land;
(c) where the water course is a water channel, the channel shall not exceed five feet in width;
(d) the applicant shall pay to the neighbouring holder.
(i) such compensation for any damage caused to such !and by reason of the construction of the water course injuriously affecting such land; and
(ii) such annual rent; as the Tahsildar may decide to be reasonable.
(e) the applicant shall maintain the water course in a good condition and a fit state of repairs;
(f) the applicant shall within the prescribed period execute an agreement in the prescribed form in favour of the neighbouring holder;
(g) such other conditions as may be prescribed or as the Tahsildar may think fit to impose.
(3) An order made under sub-section (2) shall direct how the amount of compensation shall be apportioned among the neighbouring holder and all other persons interested in the land.
(4) Any order made under sub-section (2) shall after the applicant executes an agreement as required under clause (f) of sub-section (2) be a complete authority to him or to any agent or other person employed by him for the purpose to enter upon the land specified in the order with assistants or workmen and to do all such work as may be necessary for the construction of the water course and for repairing or maintaining the same.
Section90B Failure to pay rent and to keep water course in good repair
If the applicant in whose favour an order under sub-section (2) of Section 90-A was made.
(a) fails to pay the amount of compensation or the amount of the rent, it shall be recovered as an arrear of land revenue on an application made to the Tahsildar by the person entitled thereto;
(b) fails to maintain the water course in good condition and fit state of repairs, he shall be liable to pay such compensation as may be determined by the Tahsildar for any damage caused on account of such failure.
Section90C Removal or discontinuance of water course
(1) If a person intends to remove or discontinue the water course constructed under the authority conferred on him under Section 90-A, he may do so after giving notice to the Tahsildar and the neighbouring holder.
(2) In the event of removal or discontinuance of such water course, the person taking the water shall fill in and restore the land to its original condition at his own cost with the least practicable delay. If he fails to do so, the neighbouring holder may apply to the Tahsildar who shall require such person to fill in and restore the land to its original condition.]
CHAPTER 8 Grant, Use and Relinquishment of Unalienated Land
Section91 Unoccupied land may be granted on conditions
Subject to such rules as may be made by the State Government in this behalf, the Deputy Commissioner may require the payment of a price for unalienated land or sell the same by auction and annex such conditions to the grant as he may deem fit before permission to occupy such land is given under Section 93. The price, if any, for such land shall include the price of the Government's right to all trees not specially reserved under the provisions of Section 75, and shall be recoverable as an arrear of land revenue.
Section92 Grant of Alluvial land vested in Government
(1) When it appears to the Deputy Commissioner mat any alluvial land, which vests under Section 81 in the State Government may, with due regard to the interests of the public revenue, be disposed of, he shall offer such land to the holder or occupant, if any, of the bank or shore on which such alluvial land has formed.
(2) The price of the land so offered shall not exceed three times the annual assessment thereof.
(3) If the said holder or occupant shall refuse the offer, the Deputy Commissioner may dispose of the land under Section 91 without any restrictions as to the price thereof.
Section93 Permission for taking up unoccupied land
(1) No person shall take up an unoccupied land which is not alienated unless he has obtained before entering upon such occupation, the permission in writing of the Tahsildar of the taluk in which such land is situated.
(2) Subject to the provisions of Section 91, and such rules as may be made by the State Government in this behalf, the Tahsildar may grant to any person desirous of taking up an unoccupied land the permission required under sub-section (1).
Section94 Penalties for unauthorised occupation of land
(1) Any person who shall unauthorisedly enter upon the occupation of any land set apart for any special purpose or any unoccupied land which has not been alienated and any person, who uses or occupies any such land to the use or occupation of which he is not entitled or has ceased to be entitled, shall pay twice such amount of assessment for every year of his unauthorised occupation, as would be leviable in the same village on the same extent of similar land used for the same purpose; and shall also be liable, at the discretion of the Deputy Commissioner, for every year of his unauthorised occupation, to a fine not exceeding five hundred rupees per acre, if such occupation has been for the purposes of cultivation, and not exceeding one thousand rupees per acre, if such occupation has been for any non-agricultural purpose.
11. Section 94-A inserted by Act No. 2 of 1991.
[(2) The Deputy Commissioner, in determining the amount of assessment and the fine under sub-section (1), shall count occupation for a portion of a year as whole year.]
(3) Notwithstanding anything contained in the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1961 (Karnataka Act 3 of 1962), the person unauthorisedly occupying any such land shall also be summarily evicted by the Deputy Commissioner and any crop including trees, raised in the land shall be liable to forfeiture, and any building or other construction erected thereon shall also, if not removed by him after such written notice as the Deputy Commissioner may deem reasonable, be liable to forfeiture or to summary removal.
(4) Forfeitures under this section shall be adjudged by the Deputy Commissioner and any property so forfeited shall be disposed of, as the Deputy Commissioner may direct and the cost of the removal of any encroachment under this section shall be recoverable as an arrear of land revenue.
Section94A Regularisation of certain cases of unauthorised occupation by constituting Committee etc.
11. Section 94-A inserted by Act No. 2 of 1991.
[(1) Subject to such rules as may be prescribed, the State Government shall, by notification, constitute for each taluk a committee consisting of such number of members 22. Substituted for the words "not exceeding three" by Act No. 21 of 1991. [not exceeding
(2) The Tahsildar of the concerned taluk shall be the Secretary of the Committee.
11. Sub-section (2-A) inserted by Act No. 33 of 1994 and shall be deemed to have come into force w.e.f. 6-7-1994 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.
[(2-A) The State Government may, if it is of the opinion that it is necessary, constitute one or more additional Committees for a taluk for the purpose of grant of land under sub-section (4) consisting of such number not exceeding five, as may be prescribed and the State Government shall nominate from among the members one of them as the Chairman and another as the Secretary of the Committee. When an additional Committee is constituted, the Deputy Commissioner shall determine the jurisdictions of the Committee and the additional Committee and transfer the pending applications to the respective Committee.]
(3) The 22. Substituted for the word "Committee" by Act No. 33 of 1994 and shall be deemed to have come into force w.e.f. 6-7- 1994 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [Committee or additional Committee] shall follow such procedure as may be prescribed.
(4) Nothing in Section 94 shall prevent the committee constituted under sub-section (1), 33. Inserted by Act No. 33 of 1994 and shall be deemed to have come into force w.e.f. 6-7-1994 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [or additional Committee constituted under sub-section (2-A)] but subject to such rules as may be prescribed, if any, to grant to the person liable to be evicted under that section the land which he had unauthorisedly occupied prior to the fourteenth day of April, 1990 (hereinafter referred to as the said date) or any portion thereof, if he satisfies the prescribed conditions (including the extent of the land held and unauthorised ly occupied by him) and makes within a period of six months from the date of commencement of the Karnataka Land Revenue (Amendment) Act, 1990 (hereinafter referred to as the Amendment Act), an application for such grant in such form along with such fees, as may be prescribed and on payment of the amount payable under sub-section (5):
Provided that the land so granted together with the land already held by such person, shall not exceed two hectares of 'D' class of land or its equivalent thereto:
Provided further that no land shall be granted in the areas lying within the limits of Cities and City Municipalities specified in column (2) of the Table below and within the distance from such limits specified in the corresponding entries in column (3) thereof:
TABLE
Sl. No.
Places
Distances
(1)
(2)
(3)
1.
Bangalore City under the Karnataka Municipal Corporations Act, 1976.
18 Kms.
2.
The Cities of Belgaum, Gulbarga, Hubli-Dharwad,
Mangalore and Mysore respectively under the provisions of Karnataka Municipal Corporation Act, 1976.
10 Kms.
3.
All City Municipalities [having more than fifty thousand population and constituted] under the Karnataka Municipalities Act, 1964.
5 Kms.
22. Third proviso inserted by Act No. 33 of 1994 and shall be deemed to have come into force w.e.f. 6-7-1994 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [Provided also that a person who has unauthorisedly occupied the land, falling within the distance of five kilometres from the limits of the city municipality having less than fifty thousand population, prior to the. 14th day of April, 1990, shall make an application for such grant, within three months from the date of commencement of the Karnataka Land Revenue (Amendment) Act, 1994:]
Provided that nothing in this section shall apply to Forest lands, Plantation lands or lands referred to in sub-section (2) of Section 79.
Explanation. For the purpose of this Section, 'D' class of land means 'D' class of land or an extent equivalent thereto consisting of one or more classes of land, as specified and determined in accordance with the formula in Schedule I to the Karnataka Land Reforms Act, 1961.
(5) The amount payable for the grant of land under sub-section (1), 33. Inserted by Act No. 33 of 1994 and shall be deemed to have come into force w.e.f. 6-7-1994 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [sub-section (2-A)] shall be such as may be prescribed.
(6) Notwithstanding anything contained in the preceding sub-section. 44. Clause (a) substituted by Act No. 33 of 1994 and shall be deemed to have come into force w.e.f. 6-7-1994 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.
[(a) The Tahsildar concerned shall issue the order of grant of land, on the recommendations of the Committee or additional Committee, as the case may be, if any and issue the saguvali chit. The amount payable, if any, shall be paid in three equal instalments of which the first one shall be paid before the expiry of
11. Clause (b) omitted by Act No. 33 of 1994 and shall be deemed to have come into force w.e.f. 6-7-1994 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [(b) x x x x x;]
(c) the trees, if any, standing on the land granted and the granite in such land shall continue to belong to the Government, which may at its discretion be disposed off by it, in such manner as it may deem fit.]
Section94B Grant of land in certain cases
11. Substituted for the words "within one year from the date of commencement of the Karnataka Land Revenue (Amendment) Act, 1997" by Act No. 15 of 2000, w.e.f. 27-4-2000
[(1) Notwithstanding anything contained in this Act, if the Deputy Commissioner or other Officer authorised by the State Government in this behalf is satisfied after holding such enquiry as he deems fit, that a person.
(i) has, prior to the fourteenth day of April, 1990, un-authorisedly oc- cupied any land including land referred to in sub-section (2) of Section 79 from which he is liable to be evicted under Section 94; and
(ii) being eligible to grant of such land under Section 94-A has failed to apply for such grant under sub-section (4) of the said section within the period specified therein: and Provided that nothing in this clause shall apply to a person who has become eligible for grant of land by virtue of the Karnataka Land Revenue (Amendment) Act, 1997;-
(iii) has continued to be in actual possession of such land on the date of commencement of the Karnataka Land Revenue (Amend- ment) Act, 1997. 1. Section 94-B inserted by Act No. 22 of 1998, w.e.f. 1-11-1998 vide Notification No. RD 38 LGP 98-1, dated 13-10-1998 he may 11. Substituted for the words "within one year from the date of commencement of the Karnataka Land Revenue (Amendment) Act, 1997" by Act No. 15 of 2000, w.e.f. 27-4-2000 [[within three years from the date of commencement of the Kar- nataka Land Revenue (Amendment) Act, 2000] and subject to such rules, as may be prescribed make recommendations to the Committee or the Addi- tional Committee, as the case may be, constituted under Section 94-A and such committee may on receipt of the recommendation grant the land to such person: Provided that if an application made under Section 94-A by any other person for grant of the same land is pending consideration under that section the committee, or the Additional Committee, as the case may be, shall consider the claim of such other person before granting the land under mis sub-section: Provided further that where prior approval of the Central Government under Section 2 of the Forest Conservation Act, 1980 (Central Act 69 of 1980) is required for grant of any land under this section, such grant shall not be made without such prior approval.
(2) The provisions of the first proviso, Second Proviso, including the table and the explanation in sub-section (4) and of sub-sections (5) and (6) of Section 94-A shall apply mutatis mutandis in respect of the grant of land made under sub-section (1).
(3) Nothing in this section shall apply to forest land except any land referred to in sub-section (2) of Section 79 which is classified as forest land.]
Section94C Grant of land in case of construction of dwelling house in occupied land
22. Section 94-C inserted by Act No. 26 of 1999, w.e.f. 1-1-2000 by Notification No. RD 57 LPG 98(P-I), dated 31-12-1999
[Notwithstanding anything contained in this Act and except as hereinafter provided in mis section the prescribed authority, if satisfied after holding such enquiry as it deems fit that any person is in unauthorised occupation of any land belonging to the Government and has constructed a dwelling house on such land, since prior to the Fourteenth day of April, 1998 may on an application made to it by such person within such period in such form along with such fee and on payment of such amount, as may be prescribed grant in such manner and subject to such restrictions and conditions as may be prescribed such land to the extent covered by the house to be specified in the order of grant:
Provided that nothing in this section shall apply to forest land:
Provided further that nothing in mis section shall apply to any unauthorised construction made on Government land and in respect of which application are made under the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991.]
Section95 Uses of agricultural land and the procedure for use of agricultural land for other purpose
(1) Subject to any law for the time being in
(2) If any occupant of land assessed or held for the purpose of agriculture wishes to divert such land or any part thereof to any other purpose, he shall 11. Inserted by Act No. 2 of 1991, w.e.f. 20-3-1991 by Notification No. RD 43 LPG 91, dated 19-3-1991. [notwithstanding anything contained in any law for the time being in force] apply for permission to the Deputy Commissioner who may, subject to the provisions of this section and the rules made under this Act, refuse permission or grant it on such conditions as he may think fit: 22. Proviso inserted by Act No. 2 of 1991, w.e.f. 20-3-1991 by Notification No. RD 43 LPG 91, dated 19-3-1991.
[Provided that the Deputy Commissioner shall not refuse permission for diversion of such land included in the Outline Development Plan or the Comprehensive Development Plan published under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), if such diversion is in accordance with the purpose of land use specified in respect of the land in such plan:] 33. Proviso inserted by Act No. 20 of 1983 and shall be deemed to have come into force w.e.f. 8-6-1983 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.
[44. Substituted for the words "Provided that" by Act No. 2 of 1991, w.e.f. 20-3-1991 by Notification No. RD 43 LPG 91, dated 19-3-1991. [Provided further that] in Dakshina Kannada District, subject to any law for the time being in force regarding erectkm of buildings or the construction of wells or tanks, an occupant of 55. Substituted for the words and brackets "dry (punja) land" by Act No. 2 of 1991, w.e.f. 20-3-1991 by Notification No. RD 43 LPG 91, dated 19-3-1991. [dry {punja) land, wet land or garden land] who is not.
(a) a person registered or liable to be registered as on occupant of such land such land under Section 48-A of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962); or
(b) a grantee of such land under Section 77 of the said Act, may, without obtaining the permission required under this sub-section and notwithstanding anything contained therein, divert such land or part thereof to any other purpose after sending a prior notice in that behalf, in the prescribed form to the Tahsildar and paying in the prescribed manner, the fine prescribed under sub-section (7).
(3) Permission to divert may be refused by the Deputy Commissioner on the ground 66. Substituted for the words "that the diversion is likely to cause a public nuisance" by Act No. 2 of 1991, w.e.f. 20-3-1991 by Notification No. RD 43 LPG 91, dated 19-3-1991. [that the diversion is likely to defeat the provisions of any law for the time being in force or that it is likely to cause a public nuisance] or that it is not in the interests of the general public or that
11. Sub-sections (3-A) and (3-B) inserted by Act No. 23 of 1984, w.e.f. 28-4-1984 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.
[(3-A) The State Government may, with a view to protecting and improving the environment by notification declare as Green Belt any area lying within the limits of or within the prescribed distance from the limits of the Cities under the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) of City Municipalities, Town Municipalities and Notified Areas constituted or deemed to be constituted under the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964) and different distances may be so prescribed for each such City, City Municipality, Town Municipality or Notified Area.
(3-B) Notwithstanding anything contained in this section, no permission shall be granted to divert any land or part thereof assessed or held for the purpose of agriculture lying within the limits of the Green Belt to any other purpose.]
(4) Conditions may be imposed on diversion in order to secure the health, safety and convenience, and in the case of land which is to be used as building sites, in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of occupiers or are suitable to the locality and do not contravene the provisions of any law relating to town and country planning or the erection of buildings.
(5) Where the Deputy Commissioner fails to inform the applicant of his decision on the application made under sub-section (2) within a period of four months, from the date of receipt of the application, the permission applied for shall be deemed to have been granted.
(6) Unless the Deputy Commissioner shall, in any particular instance otherwise direct, no application under sub-section (2) shall be recognised unless it is made by the occupant.
22. Sub-section (6-A) inserted by Act No. 42 of 1981 and shall be deemed to have come into force w.e.f, 2-10-1980 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.
[(6-A) In Dakshina Kannada District, Kodagu District, and Kollegal Taluk of Mysore District, where any land assessed or held for purposes of agriculture has been diverted or used for any other purposes, before the date of commencement of the Karnataka Land Revenue (Amendment) Act, 1981, the land so used together with the land appurtenant to any building (other than a farm house) therein, not exceeding three times the built area of such building, shall with effect from such date be deemed to have been permitted to be used for purposes other than agriculture.]
33. Sub-section (7). substituted by Act No. 42 of 1981 and shall be deemed to have come into force w.e.f. 2-10-1980 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.
[(7) When any land assessed or held for the purpose of agriculture is permitted under sub-section (2) 44. Inserted by Act No. 20 of 1983 and shall be deemed to have come into force w.e.f. 8-6- 1983 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [or is diverted under the 55. Substituted for the word "proviso" by Act No. 2 of 1991. [provisos]
Explanation. For the purpose of this section, "occupant" includes a mulgeni tenant or a permanent tenant.]
Section96 Penalty for using agricultural land for other purpose without permission
(1) If any land assessed or held for the purpose of agriculture be diverted or used for any other purpose without the permission of the Deputy Commissioner, or before the expiry of the period prescribed in sub-section (5) of Section 95, the Deputy Commissioner may summarily evict the occupant and the person responsible for the diversion from the land so diverted and any building or other construction erected thereon shall also, if not removed after such written notice as the Deputy Commissioner may deem reasonable, be liable to forfeiture or to summary removal. The occupant and the person responsible for the diversion shall also beliable to pay, such penalty not exceeding one thousand rupees as the Deputy Commissioner may, subject, to the rules made by the State Government in this behalf, direct.
(2) If any land assessed or held for the purpose of agriculture has been diverted for any other purpose in contravention of an order passed or of a condition imposed under Section 95, the Deputy Commissioner may serve a notice on the person responsible for such contravention directing him, within a reasonable period to be stated in the notice, to use the land for its original purpose or to observe the condition; and such notice may require such person to remove any structure, to fill up any excavation or to take such other steps as may be required in order that the land may be used for its original purpose, or that the condition may be satisfied. Subject to the orders of the State Government, the Deputy Commissioner may also impose on such person a penalty not exceeding one thousand rupees for such contravention and a further penalty not exceeding Twenty-five rupees for each day during which such contravention continues.
(3) If any person served with a notice under sub-section (2) fails within the period stated in the notice to take steps ordered by the Deputy Commissioner under that sub-section, the Deputy Commissioner may himself take such steps or cause them to be taken; and any cost incurred in so doing shall be recoverable from such person in the same manner as an arrear of land revenue.
11. Sub-section (4) inserted by Act No. 10 of 1985 and shall be deemed to have come into force w.e.f. 8-6-1984 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.
[(4) Notwithstanding anything contained in this section, when any land assessed or held for the purpose of agriculture has been diverted or used for any other purpose without the permission of the Deputy Commissioner or before the expiry of the period prescribed in sub-section (5) of Section 95 or in contravention of an order passed or of a condition imposed under Section 95, the Deputy Commissioner may, subject to such rules as may be prescribed and subject to any law for the time being in force regarding erection of buildings or construction of wells and tanks, and subject to prescribed terms and conditions, compound such diversion or use, on payment of the prescribed amount, which may be different areas or for different contraventions or for different purposes for which diversion or use is made.]
Section97 Diversion of non-agricultural land held for a specific purpose
The provisions of Sections 95 and 96 shall mutatis mutandis be applicable in respect of the diversion or use of any land held free of assessment on condition of being used for a specific non-agricultural purpose to any other non-agricultural purpose.
Section98 Permission may be granted on terms
Nothing in Sections 95 and 96 shall prevent the granting of the permission aforesaid in special cases on such terms and conditions as may be agreed to between the Deputy Commissioner and the occupant, in accordance with and subject to the terms and conditions specified in the rules made in this behalf by the State Government.
Section99 Rights of occupants
An occupant is entitled to the use and occupation of his land for the period, if any, to which his tenure is limited, or if the period is unlimited, or a survey settlement has been extended to the land in perpetuity, conditional on the payment of the amount due on account of the land revenue for the same, according to the provisions of this Act or of any rules made thereunder, or of any other law for the time being in force, and on the fulfilment of any other terms or conditions lawfully annexed to his tenure:
Provided that nothing in this or any other section shall make it, or shall be deemed ever to have made it unlawful for the Deputy Commissioner at any time to grant permission to any person to occupy any unalienated unoccupied land, for such period and on such conditions as he may prescribe, subject to rules made by the State Government in this behalf, and in any such case, the occupancy shall, whether a survey settlement has been extended to the land or not, be held only for the period and subject to the conditions so prescribed.
Section100 Occupancy not transferable without sanction of prescribed authority nor liable to process of a Civil Court
In any case, where an occupancy is not transferable without the previous sanction of the prescribed authority and such sanction has not been granted to a transfer which has been made or ordered by a Civil Court or on which the Court's decree or order is founded.
(a) such occupancy shall not be liable to the process of any Court and such transfer shall be null and void; and
(b) the Court, on receipt of a certificate under the hand and seal of the Deputy Commissioner, to the effect that any such occupancy is not transferable without the previous sanction of the prescribed authority and that such sanction has not been granted, shall remove the attachment or other process placed on or set aside any sale of or affecting such occupancy.
Section101 Occupancy right transferable and heritable
Subject to the provisions contained in Section 87, and to any conditions lawfully annexed to the tenure and save as otherwise prescribed by law, an occupancy shall be deemed to be a heritable and transferable property.
Section102 Relinquishment
An occupant may relinquish his land, that is, resign it in favour of the State Government, but subject to any rights, tenures, encumbrances or equities lawfully subsisting in favour of any person (other than the State Government or the occupant), by giving notice in writing to the Tahsildar of the Taluk in which the land is situate, before the 31st March in any year or before such other date as may from time to time be prescribed in this behalf, by the State Government, and such relinquishment shall have effect from the close of the current year:
Provided that no portion of land which is less in extent than the whole survey number or sub-division of a survey number may be relinquished except with the previous approval of the Deputy Commissioner.
Section103 Right of way to relinquished or forfeited land or to land used for purpose of agriculture.
(1) If any land is relinquished or forfeited under the provisions of this Act, and the way to such land lies through other land, the right of way through such other land shall continue to the future holder of the land relinquished or forfeited.
(2) If any right of way to a land used for purposes of agriculture and duly entered in any map or land record maintained under mis Act, is wrongfully obstructed or interfered with, any person aggrieved thereby may apply to the Deputy Commissioner for removal of such obstruction or interference. The Deputy Commissioner may, after a summary enquiry, order the obstruction to be removed, or the interference to be stopped and may for enforcing such order take such action as may be necessary.
(3) The order of the Deputy Commissioner under sub-section (2) shall, subject to the decision in a civil suit, be final.
Section104 Summary eviction of person unauthorisedly occupying land
Notwithstanding anything contained in the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1961 (Karnataka Act 3 of 1962) any person unauthorisedly occupying or wrongfully in possession of any land which is not transferable by virtue of any condition lawfully annexed to the tenure, under the provisions of Section 91, Section 98, or Section 99 may be summarily evicted by the Deputy Commissioner and any crop including trees raised in the land shall be liable to forfeiture and any building or other construction erected thereon shall also, if not removed by him after written notice, as the Deputy Commissioner may deem reasonable, be liable to forfeiture or summary removal.
Section105 To prevent forfeiture of occupancy certain persons other than occupant may pay land revenue
(1) In order to prevent the forfeiture of an occupancy under the provisions of Section 87, or of any other law for the time being in force through non-payment of land revenue due on account thereof by the occupant, it shall be lawful for any person interested to pay on behalf of such occupant, all sums due on account of land revenue and the Deputy Commissioner shall, on due tender thereof, receive the same.
(2) If it appears to the Deputy Commissioner that an occupant or holder has failed to pay land revenue due and has thus incurred forfeiture with a view to injure or defraud, other persons interested in the continuance of the occupancy or holding, or that a sale of the occupancy or holding, will seriously prejudice such other persons interested, the Deputy Commissioner may order the forfeiture of only the interest of the defaulting occupant or holder and sell or dispose of the same:
Provided that the other persons interested undertake to pay any balance that may still remain due after such sale or disposal of only the defaulter's interest in the occupancy or holding and furnish sufficient security for the performance of such undertaking.
(3) Nothing authorised or done under the provisions of this section shall affect the right of the parties interested as the same may be established in any suit between such parties in a Court of competent jurisdiction.
CHAPTER 9 Revenue Survey, Division of Survey Numbers and Partition of Estates
Section106 Revenue Survey may be introduced by State Government into any part of the State
(1) The State Government may, direct the survey of any land in any part of the State, with a view to the settlement of the land revenue and to the record and preservation of rights connected therewith, or for any other similar purpose and such survey shall be called a revenue survey. Such survey shall extend to the lands of any village, town or city generally, or to such land only as the State Government may direct; and subject to the orders of the State Government, the Officers conducting any such survey may exclude from the survey settlement, any land to which it may not seem expedient that such settlement should be applied.
(2) The control of every revenue survey under sub-section (1) shall vest in, and be exercised by the State Government.
Section107 Power of Survey Officer to require assistance from land holders
A Survey Officer deputed to conduct or take part in any revenue survey under Section 106 may, by special order or by general notice to be published in the prescribed manner, or by summons, require the attendance of holders of lands and of all persons interested therein to assist in the measurement or classification of the lands to which the revenue survey extends and when hired labour is employed for purposes incidental to the revenue survey, such Survey Officer may assess and apportion the cost thereof, with all contingent expenses on the land surveyed, and such costs and expenses shall be collected as land revenue due on such lands.
Section108 Minimum extent of a survey number
(1) No survey number comprising land used for the purposes of agriculture only shall be made of less extent than a minimum to be fixed from time to time for the several classes of land in each district by the 11. Substituted for the word "Commissioner" by Act No. 42 of 1981 and shall be deemed to have come into force w.e.f. 2-10-1980 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [Director] of Survey, Settlement and Land Records, with the sanction of the State Government:
Provided that.
(a) survey numbers, which have already been made of less extent than the minimum so fixed, or which may be so made under the authority of the 22. Substituted for the word "Commissioner" by Act No. 42 of 1981 and shall be deemed to have come into force w.e.f. 2-10-1980 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [Director] of Survey, Settlement and Land Records given either generally or in any particular instance in this behalf and any survey number separately recognised in the land records shall be deemed to have been made under lawful authority, whatever be its extent; and
(b) when any portion of cultivable land is permitted to be used under the provisions of Section 95 or Section 98 for any non- agricultural purpose, or when any portion of land is specially assigned under Section 71, or when any assessment is levied on
Section109 Division of Survey Numbers into Sub-Divisions
Subject to the provisions of any law in force for the Prevention of Fragmentation and Consolidation of Holdings in the State.
(1) Survey numbers may from time to time and at any time be divided into so many sub-divisions as may be required in view of the lawful acquisition of rights in land or for any other reason;
(2) The division of survey numbers into sub-divisions and the fixing of the assessment of the sub-divisions shall be carried out and from time to time revised in accordance with such rules as may be made by the State Government in this behalf:
Provided that the total of the assessment of any survey number or sub-division shall not be enhanced during any term for which such assessment may have been fixed under the provisions of this Act, unless such assessment is liable to alteration under Section 83.
(3) The area and assessment of such sub-division shall be entered in such land records as the State Government may prescribe in this behalf.
Section110 Provisions applicable on relinquishment or forfeiture of a sub-division
Subject to the provisions of any law in force for the Prevention of Fragmentation and Consolidation of Holdings in the State, if any sub-division of a survey number is relinquished under Section 102, or is forfeited for default in payment of land revenue, the Deputy Commissioner shall offer such sub-division at such prices as he may consider reasonable to the occupants of the other sub-division of the same survey number adjacent thereto in such order as, in his discretion, he may think fit; in the event of all such occupants refusing the same, it shall be disposed of as the Deputy Commissioner shall deem fit.
Section111 Recovery of expenses of partition
When any estate paying land revenue to the State Government is to be partitioned under the decree or order of a Court or otherwise, expenses properly incurred in making such partition, shall be recovered as a land revenue demand in such proportions as the Deputy Commissioner may think fit, from the shares at whose request the partition is made, or from the persons interested in the partition.
Section112 The State Government may direct a fresh survey
The State Government may at any time direct a fresh survey or any operation subsidiary thereto:
Provided that when a general classification of the soil of any area has been made and approved by the State Government as final, no such classification shall be again made with a view to the revision of assessment of such area.
Section113 Preparation of statistical and fiscal records
It shall be the duty of the Survey Officer or the Settlement Officer on the occasion of making or revising a settlement of land revenue, to prepare a register to be called the "Settlement Register" showing the area and assessment of each survey number, with any other particulars that may be prescribed and also other records in accordance with such orders as may from time to time be made in this behalf by the State Government.
CHAPTER 10 Assessments and Settlement of Land Revenue of Agricultural Land
Section114 Government may direct an original or revision settlement of land revenue of any land.
(1) The State Government may at any time direct a settlement, hereinafter referred to as an original settlement of the land revenue of any land whether a revenue survey of such land has been made under Section 106 or not.
(2) The State Government may also direct at any time a fresh settlement, hereinafter referred to as a revision settlement, of the land revenue of such land:
Provided that no enhancement of assessment shall take effect before the expiration of the settlement for the time being in force.
Section114A Revision of settlement of land revenue in certain cases
11. Section 114-A inserted by Act No. 7 of 1969, w.e.f. 17-4-1969 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [Notwithstanding anything contained in this Act or in any other law.
(a) if at any time after the introduction of a settlement of land revenue under Section 122, the State Government, for reasons to be recorded in writing, is of the opinion that in any zone, the settlement of land revenue requires modification, it may, by order, direct the revision of settlement of land revenue in such zone, and the provisions of this Chapter relating to a revision settlement of land revenue shall be applicable to such revision of settlement;
(b) the land revenue settled by such settlement shall, if so directed by the State Government, with the approval of both Houses of the State Legislature, be leviable and payable from the date on which the settlement of land revenue which was directed to be revised under this section was introduced; and
(c) where a settlement of land revenue is directed to be revised under clause (a), the land revenue on the lands in the zone concerned shall, pending such revision, be leviable and payable at the same rates as were in force prior to the introduction of such settlement, and after the revision of settlement of land revenue comes into force, the difference if any, between the amount of land revenue paid pending the revision, and the amount of land revenue payable for the period in accordance with the revised settlement of land revenue, shall be paid or refunded, as the case may be.]
Section115 The term of settlement
A settlement shall remain in force for a period of thirty years:
Provided that, when, in the opinion of the State Government, a revision settlement is inexpedient, or when the introduction of such settlement has for any cause been delayed, the State Government may extend the term of the settlement for the time being in force for such period as it may think fit.
Section116 Assessment how determined
(1) The land revenue assessment on all lands in respect of which a settlement has been directed under sub-section (1) or sub-section (2) of Section 114 and which are not wholly exempt from the payment of land revenue shall, subject to the limitations contained in the first proviso to sub-section (1) of Section 84 be determined by dividing the land to be settled into groups and fixing the standard rates for each group.
(2) The groups shall ordinarily be formed on a consideration of the following factors, namely.
(i) physical configuration;
(ii) climate and rainfall;
(iii) yield of principal crops and their prices:
Provided that, if deemed necessary, the following factors may also be taken into consideration for forming groups, namely.
(a) Marketing facilities;
(b) Communications;
(c) Standard of husbandry;
(d) Population and supply of labour;
(e) Agricultural resources;
(f) Variation in the area of occupied and cultivated lands during the previous thirty years;
(g) Wages;
(h) Ordinary expenses of cultivating principal crops including the wages of the cultivator for his labour in cultivating the lands;
(i) Sales of lands used for purpose of agriculture.
(3) The land revenue assessment of individual survey numbers and sub-divisions shall be based on their classification value in the manner prescribed.
Section117 Increase in average yield due to improvements by holders not to be taken into account
If during thirty years immediately preceding the date on which the settlement for the time being in force expires, any improvements that have been effected in any land by or at the expense of the holder thereof, the increase in the average yield of crops of such land due to the said improvements shall not be taken into account in fixing the revised assessment thereof.
Section118 Procedure to be followed by the Settlement Officer in making a settlement
In making a settlement the Settlement Officer shall proceed as follows.
(1) he shall hold enquiry in the manner prescribed;
(2) he shall divide the lands to be settled into groups;
(3) he shall ascertain in the prescribed manner the average yield of crops of lands for the purposes of the settlement;
(4) he shall then fix standard rates for each class of land in each group, on a consideration of the relevant factors, as provided in sub-section (2) of Section 116;
(5) he shall submit to the Deputy Commissioner a report hereinafter called the Settlement Report, containing his proposals for the settlement.
Section119 Publication of the Settlement Report
(1) After the Deputy Commissioner receives the Settlement Report submitted under Section 118 he shall cause such report to be published in the prescribed manner.
(2) The Deputy Commissioner shall also publish or cause to be published in each village concerned in Kannada and in such language of the area, if any, may be directed in this behalf by the State Government, a notice stating for each class of land in the village, the existing standard rate and the extent of any increase or decrease proposed therein by the Settlement Officer. The notice shall also state that any person may submit to the Deputy Commissioner his objections in writing to the proposals contained in the Settlement Report within three months from the date of such notice.
Section120 Deputy Commissioner to submit to Government the Settlement Report with statement of objections, etc., and his opinion thereon
After taking into consideration such objections as may have been received by him, and after giving an opportunity to be heard to such objectors as desire to be heard the Deputy Commissioner shall forward to the State Government through the Commissioner of Survey, Settlement and Land Records, the Settlement Report with the statement of objections and his remarks thereon.
Section121 Settlement Report to be approved by State Legislature
(1) The Settlement Report, together with the objections, if any, received thereon shall be laid before each House of the State Legislature, and after both Houses approve the Report with or without any modification by a resolution moved in this behalf, the State Government shall pass orders in conformity with such resolution:
Provided that 11. Substituted for the words "no increase in the standard rates proposed in the Settlement Report shall be made" by Act No. 9 of 1965 and shall be deemed to have come into force w.e.f. 1-1-1964 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [no order modifying the Settlement Report which has the effect of increasing the standard rates proposed in respect of any class of land in such Report, shall be made by the State Government] unless a fresh notice as provided in Section 119 has been published in each village affected by such rates, and after considering the objections, if any, received, such rates are approved by a resolution moved in this behalf by both Houses of the State Legislature.
(2) The orders passed by the State Government under sub-section (1) shall be final and shall not be called in question in any Court.
Section122 Introduction of Settlement
After the State Government has passed orders under Section 121 and notice of the same has been given in the prescribed manner, the settlement shall be deemed to have been introduced and the land revenue according to such settlement shall be levied from 22. Substituted for the words "such date ae the State Government may direct" by Act No. 9 of 1965 and shall be deemed to have come into force w.e.f. 1-4-1964 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [such date, which may be prospective or retrospective, as the State Government may, by notification, specify]: 33. Proviso substituted by Act No. 9 of 1965 and shall be deemed to have come into force w.e.f. 1-4-1964 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.
[Provided that where the settlement is introduced during the course of any revenue year, the retrospective date so specified shall not be any date other than the date of commencement of that revenue year.]
Section122A Notice of assessment to occupants
11. Sections 122-A and 122-B inserted by Act No. 7 of 1969, w.e.f. 17-4-1969 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.
[(1) As soon as may be after the settlement is introduced under Section 122, the assessment of land revenue on each survey number or sub-division shall be determined by the Superintendent for Settlement or the Assistant Superintendent for Settlement or such other officer as the Commissioner for Survey, Settlement and Land Records may appoint, and the occupant of the land liable to pay the land revenue shall be served with a notice specifying the extent of land, the class of such land, the standard rate applicable and the land revenue payable thereon.
(2) After service of a notice under sub-section (1), the land revenue as specified in such notice shall, subject to any modification made under Section 122-B, be levied, on the survey number or sub-division.
Section122B Determination of assessment of lands
(1) The Deputy Commissioner.
(i) may suo motu at any time, and
(ii) shall, on the application of any person aggrieved by the land revenue assessed within a period of thirty days from the date of service of the notice under Section 122-A, if he is satisfied after such enquiry as he deems fit that the assessment of land revenue on any land or the land, as the case may be, is contrary to law or is otherwise incorrect, as regards the extent of land, the class of such land, the standard rate applicable and the land revenue payable, pass such orders, as he deems just:
Provided that no order prejudicial to the occupant shall be made under this sub-section unless the applicant or any other person interested has been given a reasonable opportunity of being heard.
(2) Any person aggrieved by an order of the Deputy Commissioner under sub-section (1), may, within sixty days from the date of such order, appeal to the Divisional Commissioner, and the decision of the Divisional Commissioner thereon shall be final.]
Section123 Determination of assessment of lands wholly exempt from payment of land revenue
Nothing in this Chapter shall be deemed to prevent the Settlement Officer from determining and registering the proper full assessment on lands wholly exempt from the payment of land revenue.
Section124 The fixing of assessment under Act limited to ordinary land revenue.
The fixing of the assessment under the provisions of this Act shall be limited to the assessment of the ordinary land revenue and such fixation shall not preclude the levy of any rate for the use of water or of any cess, which may be imposed under 11. Substituted for the words ''any law for the time in force" by Act No. 9 of 1965 and shall be deemed to have come into force w.e.f. 1-4-1964 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [any law for the time being in force.] 22. Explanation inserted by Act No. 9 of 1965 and shall be deemed to have come into force w.e.f. 1-4-1964 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.
[Explanation. "Ordinary land revenue" means the land revenue payable in respect of any land when not advantage by the use of water from a source of water which is the property of the State Government, accrues to such land.]
Section125 Power of State Government to direct assessment for irrigation facilities
Notwithstanding anything contained in this Chapter, the State Government may 33. Substituted for the words, figures and brackets "direct at the time of passing order under sub-section (1) of Section 121" by Act No. 9 of 1965 and shall be deemed to have come into force w.e.f. 1-4-1964 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [at any time direct] that any land in respect of which a settlement is made under this Chapter, shall be liable to be assessed to additional land revenue during the term of the settlement for additional advantages accruing to it from water received on account of irrigation works or improvements in existing irrigation works completed after the State Government has directed the settlement under Section 114, and not effected by or at the expense of the holder of the land. Such land revenue shall be leviable only when no water rate in respect of such additional advantage is levied under the Karnataka Irrigation (Levy of Betterment Contribution and Water Rate) Act, 1957 (Karnataka Act 28 of 1957):
Provided that the State Government shall, before making such direction publish a notice in this behalf in the village concerned in Kannada and in such language of the village, if any, as may be directed by the State Government in this behalf, and shall consider the objections, if any, received to the proposal contained therein and no such direction shall be made until after the expiry of the period of six months from the date of publication of such notice.
Section126 Continuance of certain survey and settlement operations
Notwithstanding anything contained in this Chapter or in any enactment or law repealed by Section 202.
(1) all survey or settlement operations commenced before and continuing at the commencement of this Act shall be deemed to have been commenced and to be continuing under the provisions of this Act, and
(2) all assessments fixed and settlements of land revenue heretofore made and introduced and in force on the date of the commencement of this Act, shall be deemed to have been made and introduced in accordance with the provisions of this Chapter and shall, notwithstanding anything.
CHAPTER 11 Record of Rights
Section127 Record of Rights
(1) A Record of Rights shall be prepared in the prescribed manner in respect of every village and such record shall include the following particulars.
(a) the names of persons who are holders, occupants, owners, mortgagees, landlords or tenants of the land or assignees of the rent or revenue thereof;
(b) the nature and extent of the respective interest of such persons and the conditions or liabilities (if any) attaching thereto;
(c) the rent or revenue (if any) payable by or to any of such persons; and
(d) such other particulars as may be prescribed.
(2) The Record of Rights shall be maintained by such Officers in such areas as may be prescribed and different Officers may be prescribed for different areas.
(3) When the preparation of the Record of Rights referred to in sub-section (1) is completed in respect of any village, the fact of such completion shall be notified in the Official Gazette and in such manner as may be prescribed,
Section128 Acquisitions of rights to be reported
(1) Any person acquiring by succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, landlord or tenant of the land or assignee of the rent or revenue thereof, shall report orally or in writing his acquisition of such right to the Prescribed Officer of the village within three months from the date of such acquisition, and the said Officer shall at once give a written acknowledgment of the receipt of the report to the person making it:
Provided that where the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the Prescribed Officer:
Provided further that any person acquiring a right by virtue of a registered document shall be exempted from the obligation to report to the Prescribed Officer. 11. Third proviso inserted by Act No. 14 of 1999, w.e.f. 30-4-1999.
[Provided also that any person reporting under this sub-section the acquisition by him of a right in partition in respect of the land shall annex with the report a sketch showing the metes and bounds and other prescribed particulars of such land and such person shall get the sketch prepared by a Licensed Surveyor.]
Explanation I. The rights mentioned above include a mortgage without possession but do not include an easement or a charge not amounting
Explanation II. A person in whose favour a mortgage is discharged or extinguished or a lease determined acquires a right within the meaning of this section.
(2) Notwithstanding anything contained in sub-section (1), the State Government may, by notification, appoint any Revenue Officer to whom a report under sub-section (1) may be made, in which case such Officer shall give a written acknowledgment of the receipt of such report to the person making it, and forward the report to the Prescribed Officer of the village concerned.
(3) If any person makes a report under sub-section (1) or sub-section (2).
(a) after the period of three months but within the period of one year from the date of acquisition of the right, the report shall be received on payment of a penalty of two rupees;
(b) after a period of one year from the date of such acquisition, the report shall be received on payment of a penalty of not less man two rupees but not exceeding ten rupees, as may be ordered.
(i) by the Tahsildar, in case the report is made under subsection (1) to the Prescribed Officer; or
(ii) by the Revenue Officer, in case the report is made to such Officer under sub-section (2).
(4) No document by virtue of which any person acquires a right in any land as holder, occupant, owner, mortgagee, landlord or tenant or assignee of the rent or revenue thereunder, shall be registered under the Indian Registration Act, 1908 (Central Act 12 of 1908), unless the person liable to pay the registration fee also pays to the Registering Authority such fees as may be prescribed for making the necessary entries in the Record of Rights and registers referred to in Section 129; and on the registration of such a document, the Registering Authority shall make a report of the acquisition of the right to the Prescribed Officer.
Section129 Registration of Mutations and Register of Disputed Cases
(1) The Prescribed Officer shall enter in the Register of Mutations every report made to him under sub-section (1) of Section 128 or received by him under sub-section (2) or sub-section (4) of the said section.
(2) Whenever a Prescribed Officer makes an entry in the Register" of Mutations, he shall at the same time post up a complete copy of the entry in a conspicuous place in the chavadi and shall give written intimation to all persons appearing from the Record of Rights or Register of Mutations to be interested in the mutation, and to any other person whom he has reason to believe to be interested therein.
(3) Should any objection to any entry made under sub-section (1) in the Register of Mutations be made either orally or in writing to the Prescribed Officer, it shall be the duty of the Prescribed Officer to enter the particulars of the objection in a Register of Disputed Cases.
(4) The objections entered in the Register of Disputed Cases and such other objections as may be made during the enquiry shall be enquired into and disposed of by such Officer and in such manner as may be prescribed. Orders disposing of such objections shall be recorded in the Register of Mutations by such Officer.
(5) The Officer holding an enquiry under sub-section (4) shall have all the powers under Chapter III, that a Revenue Officer has in making a formal or summary enquiry under this Act.
(6) Entries in the Register of Mutations shall be tested and if found correct or after correction, as the case may be, shall be certified by such Officer as may be prescribed.
(7) The transfer of entries from the Registers of Mutations to the Record of Rights shall be effected in the prescribed manner, provided that an entry in the Register of Mutations shall not be transferred to the Record of Rights until such entry has been duly certified.
Section129A Patta Book
11. Section 129-A inserted by Act No. 23 of 1982, w.e.f. 15-7-1982 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000.
[(1) Every holder of agricultural land (including a tenant if he is primarily liable to pay land revenue therefor), shall be supplied by the prescribed officer with a patta book containing a copy of the record of rights pertaining to such land.
(2) The patta book shall also contain information regarding the payment of land revenue in respect of the land and other State Government dues of the holder or, as the case may be, the tenant, and information as respects the cultivation of the land and the areas of crops sown in it as shown in the village records and such other matters as may be prescribed.
(3) The patta book shall be prepared, issued and maintained in accordance with the rules made by the State Government in that behalf. Such rules may provide for fees to be charged for preparing, issuing and maintaining the book.]
Section130 Obligation to furnish information
(1) Any person whose rights, interests or liabilities are required to be or have been entered in any record or register, under this Chapter shall be bound, on the requisition of any Officer engaged in compiling or revising the record or register, to furnish or produce for his inspection within thirty days from the date of such requisition, all such information or documents needed for the correct compilation or revision thereof, as may be within his knowledge or in his possession or power.
(2) An Officer to whom any information is furnished or before whom any document is produced in accordance with a requisition under sub-section (1) shall at once give a written acknowledgement thereof to the person furnishing or producing the same 22. Inserted by Act No. 23 of 1982, w.e.f. 15-7-1982 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000. [or may return the same immediately after keeping a copy of it, if necessary] of and shall endorse on any such document a note under his signature, stating the fact of its production and the date thereof.
(3) Any person who fails to furnish information or produce the document required by sub-section (1) within the period specified in the said sub-section shall be liable to pay a penalty not exceeding twenty-five rupees, as may be fixed by the Deputy Commissioner and the amount payable as penalty shall be recoverable as an arrear of land revenue:
Provided that no penalty shall be imposed under this sub-section without giving to the person concerned a reasonable opportunity to be heard.
Section131 Requisition of assistance in preparing Maps
Subject to rules made in this behalf by the State Government.
(a) any Revenue Officer or Prescribed Officer may for the purpose of preparing or revising any map or plan required for or in connection with any record or register under this Chapter, exercise any of the powers of a Survey Officer under Section 107, except the power of assessing the cost of hired labour; and
(b) where the preparation or revision of such map is made on the application of any person, any Revenue Officer of a rank not lower than that of an Assistant Commissioner or of a Survey Officer may assess the cost of the preparation or revision of such map or plan and all contingent expenses including the cost of clerical labour and supervision, and such costs shall be recoverable from such person as an arrear of land revenue.
11. Clause (c) inserted by Act No. 14 of 1999, w.e.f. 30-4-1999.
[(c) any person while reporting acquisition by him of a right in accordance with the third proviso to sub-section (1) of Section 128 or any person alienating any land that is part of the survey or sub-number shall get a sketch of the said property prepared by a licensed surveyor, for the purpose of presenting the deed before the registering authority.]
Section132 Certified copies of records to be annexed to plaint or application.
(1) The plaintiff or applicant in every suit or application, as hereinafter defined relating to land situated in any area to which this Chapter applies, shall annex to the plaint or application a certified copy of any entry in the Record of Rights or Register of Mutations relevant to such land.
(2) If the plaintiff or applicant fails so to do for any cause which the Court deems sufficient, he shall produce such certified copy within a reasonable time to be fixed by the Court and if such certified copy is not so annexed or produced, the plaint or application shall be rejected, but the rejection thereof shall not of its own force preclude the presentation of a fresh plaint in respect of the same cause of action or of a fresh application in respect of the same subject matter with a certified copy annexed.
(3) After the disposal of any case in which a certified copy of any such entry has been recorded, the Court shall communicate to the Deputy Commissioner any error appearing in such entry and any alteration therein
Provided that, in the case of an appellate or revisional decree or order passed by the High Court or the Supreme Court, the communication shall be made by the original court from which the appeal lay or the record was called for.
(4) In this section.
(a) "suit" means a suit to which the provisions of the Code of Civil Procedure apply;
(b) "application" means an application.
(i) for the execution of a decree or order in a suit;
(ii) for the filing of an agreement stating a case for the opinion of the Court under the Code of Civil Procedure, 1908;
(iii) for the filing of an agreement to refer to arbitration under Section 20 of the Arbitration Act, 1940 (Central Act 10 of 1940);
(iv) for the filing of an award under Section 14 of the said Arbitration Act;
(v) of any other kind to which the State Government may, by notification, direct that this section shall apply;
(c) an application shall be deemed to relate to land, if the decree or other matter with respect to which an application is made, relates to land;
(d) a suit, decree or other matter relating to land shall, without prejudice, to the generality of the expression, be deemed to include a suit, decree or other matter relating to rent or tenancy of land.
Section133 Presumption regarding entries in the records
An entry in the Record of Rights and a certified entry in the Register of Mutations 11. Inserted by Act No. 23 of 1982, w.e.f. 15-7-1982 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000 [or in a Patta Book] shall be presumed to be true until the contrary is proved or a new entry is lawfully substituted therefor.
Section134 Certified copies
Applications for certified copies of entries in the Record of Rights or the Register of Mutations may be made to and such copies may be given by the Prescribed Officers.
Section135 Bar of suits
No suit shall lie against the State Government or any Officer of the State Government in respect of a claim to have an entry made in any record or register that is maintained under this Chapter or to have any such entry omitted or amended:
Provided that if any person is aggrieved as to any right of which he is in possession, by an entry made in any record or register maintained under this Chapter, he may institute a suit against any person denying or interested to deny his title to such right, for a declaration of his right under Chapter VI of the Specific Relief Act, 1877; and the entry in the record or register shall be amended in accordance with any such declaration.
Section136 Appeal and Revision
(1) The provisions of Chapter V shall not apply to any decision or order under this Chapter.
(2) Any person affected by an order made under sub-section (4) or an entry certified under sub-section (6) of Section 129 may, within a period of sixty days from the date of communication of the order or the knowledge of the entry certified, appeal to such Officer as may be prescribed by the State Government in this behalf and his decision shall be final.
(3) The Deputy Commissioner may, on his own motion or on application of a party, call for and examine any records made under Section 127 and Section 129 and pass such orders as he may deem fit:
Provided that no order shall be passed except after hearing the party who would be adversely affected by such order.
CHAPTER 12 Boundaries and Boundary Marks
Section137 Determination of village boundaries, etc.
The boundaries of villages, survey numbers, sub-divisions of survey numbers or holdings shall be fixed and all disputes relating thereto shall be determined, by Survey Officers or by such other Officers as may be appointed by the State Government for the purpose in accordance with the provisions of this Chapter and the Rules, if any, made in this behalf.
Section138 Settlement of village boundaries by agreement
When in any two or more adjoining villages one or more Panchayats are established under the Karnataka Village Panchayats and Local Boards Act, 1959, and such Panchayat or Panchayats agree to any given line of boundary as the boundary common to their respective villages, the Officer determining the boundary shall record such agreement and get it duly signed by the Chairman, Vice-Chairman or the members of the Panchayats concerned, as the case may be. The Officer determining the boundary shall then mark off the boundary in the manner agreed upon. Any village boundary so marked off shall be deemed to be finally settled.
Section139 Procedure in case of disagreement or dispute
(1) If in any two or more adjoining villages, one or more Panchayats are established under the Karnataka Village Panchayats and Local Boards Act, 1959, and such Panchayat or Panchayats do not agree to fix the boundaries of their respective villages in the manner prescribed in Section 138, or if there be any pending dispute regarding the boundary, the Officer determining the boundary shall make a survey and plan of the ground in dispute, showing the land claimed by the contending parties and all particulars relating thereto and shall, after a formal inquiry into the claims of the said parties decide the boundary of the respective villages.
(2) If the Officer deciding the boundary is the Deputy Commissioner of Land Records, his decision, and in any other case, subject to an appeal to the Deputy Commissioner of Land Records, the decision of the Officer deciding the boundary under sub-section (1) shall be final.
Section140 Determination of boundaries of lands forming a survey number or a holding
(1) At the time of a survey, the boundary of a survey number, a sub-division of a survey number or a holding.
(a) if undisputed, shall be recorded and marked as pointed out by the holder or person in occupation; and
(b) if disputed, or if the holder or person in occupation be not present, shall be fixed by the Survey Officer, in accordance with the land records relating to the land and after making such inquiry as he considers necessary.
(2) If any dispute arises concerning the boundary of a holding which has not been surveyed, or if at any time after the completion of a survey, a dispute arises concerning the boundary of a survey number, a sub-division of a survey number, or a holding, the Deputy Commissioner shall decide the dispute having due regard to the land records, if they afford satisfactory evidence of the boundary previously fixed, and if not, after such inquiry as he considers necessary.
Section141 Settlement of boundary dispute by arbitration
(1) If the several parties concerned in a boundary dispute agree to submit the settlement thereof to arbitration and make an. application to that effect in writing, the Officer whose duty it would otherwise be to determine the boundary, shall require the said parties to nominate a sole arbitrator or an arbitration committee of three persons, within the specified time, and if within a period to be fixed by the said Officer, the sole arbitrator or the arbitration committee so nominated or a majority of the members thereof arrive at a decision such decision, when confirmed by the said Officer, or if the said Officer be a Survey Officer lower in rank than a Deputy Commissioner of Land Records, by the Deputy Commissioner of Land Records, shall be final:
Provided that the said Officer, or the Deputy Commissioner of Land Records, shall have the power to remit the award or any of the matters referred to arbitration, to the reconsideration of the arbitrator or the committee, as the case may be, for any of the causes set forth in Section 16 of the Arbitration Act, 1940 (Central Act 10 of 1940).
(2) If the sole arbitrator or the arbitration committee fail to effect a settlement of the dispute within the time specified, the Officer aforesaid or if the Officer is a Survey Officer lower in rank than a Deputy Commissioner of Land Records, the Deputy Commissioner of Land Records may either extend the time or settle the dispute as otherwise provided in this Act.
Section142 Effect of the settlement of a boundary
(1) The settlement of a boundary under this Chapter shall be determinative.
(a) of the proper position of the boundary line or boundary marks; and
(b) of the rights of the landholders on either side of the boundary fixed in respect of the land adjudged to appertain or not to appertain, to their respective holdings.
(2) Where a boundary has been so fixed, the Deputy Commissioner may at any time summarily evict any landholder, who is wrongfully in possession of any land which has been adjudged in the settlement of a boundary, not to appertain to his holding or to the holding of any person through or under whom he claims.
Section143 Construction and repair of boundary marks
(1) Any Survey Officer authorised by a Deputy Commissioner of Land Records or a Deputy Commissioner for settlement, as the case may be, may specify or cause to be constructed, laid out, maintained or repaired, boundary marks of villages or survey numbers or sub-divisions of survey numbers, whether cultivated or uncultivated and assess all charges incurred thereby, on the holders or others having an interest therein.
(2) Such Officer aforesaid may require land-holders to construct, layout, maintain, or repair, their boundary marks by a written order which shall be affixed in the chavadi or other public place in the village to which the lands under survey belong, directing the holders of survey numbers or sub-divisions of survey numbers to construct, layout, maintain or repair, within a specified time, boundary marks on their respective survey numbers or sub-divisions
(3) On the failure of the landholders to comply with the requisition made under sub-section (2), the Survey Officer shall construct, layout or repair the boundary marks and assess all charges incurred thereby on the holders or others having an interest therein.
(4) A general order, issued in the manner specified under sub-section (2) shall be held to be good and sufficient notice to each and every person having any interest in any survey number or sub-division within the limits of the lands to which the survey extends.
Section144 Description of boundary marks
The boundary marks shall be of such description and shall be constructed, laid out, maintained or repaired, in such manner and shall be of such dimension and materials as may, subject to rules made by the State Government in this behalf, be determined by the Deputy Commissioner of Land Records or any other Officer appointed for the purpose.
Section145 Responsibility for the maintenance of boundary marks
Every landholder shall be responsible for the maintenance and good repair of the boundary marks of his holding, and for any charges reasonably incurred on account of the same by the Revenue Officers in case of alteration, removal or disrepair. It shall be the duty of the village accountant and Officers and servants of the Panchayat to prevent the destruction or unauthorised alteration of the village boundary marks.
Section146 Deputy Commissioner to have charge of boundary marks after introduction of the survey settlement
After the introduction of survey settlement in a district, the charge of the boundary marks shall devolve on the Deputy Commissioner and it shall be his duty to take measures for their construction laying out, maintenance and repair, and for this purpose, the powers conferred on Survey Officers by Sections 142 and 143, shall vest in him.
Section147 Penalty for injuring boundary marks
(1) Any person wilfully erasing, removing or injuring a boundary mark, or unauthorisedly constructing a boundary mark, shall, after a summary inquiry before the Deputy Commissioner, or before a Survey Officer holding a Gazetted rank, be liable to a fine not exceeding fifty rupees for each mark so erased, removed, injured or unauthorisedly constructed.
(2) The fine imposed under sub-section (1) shall be recovered as an arrear of land revenue and out of it an amount not exceeding one half may be awarded by the Officer imposing the fine to the informer, if any.
CHAPTER 13 Survey and settlement of lands and of boundary disputes within the sites of villages and the limits of Towns and Cities
Section148 Limits of sites of villages, towns and cities, how to be fixed and assignment of building sites
(1) The Deputy Commissioner or a Survey Officer, when directed by a notification by the State Government, may determine what lands are included within the site of any village, town or city, and fix, from time to time, vary the limits of the same, respect being had to all subsisting rights of landholders.
(2) The Deputy Commissioner or the Survey Officer acting under sub-section (1) may set apart for building sites within the limits of any village, town or city, fixed under the said sub-section, any lands which may be the property of the State Government and not in the lawful occupation of any person or aggregate of persons, provided that no land hitherto used for purposes of agriculture only shall be set apart for building sites, except with the previous sanction of the State Government.
(3) Lands already set apart for building sites within the limits of any village, town or city in accordance with any law for the time being in force prior to the commencement of this Act, shall be deemed to have been so set apart under mis section.
Section149 Disposal of building sites
The Deputy Commissioner may dispose of lands set apart for building sites under Section 148 other than such lands as are vested in the Local Authority having jurisdiction over the village, town or city, in such manner as may be directed by rules made by the State Government in this behalf.
Section150 Existing exemptions to be continued in certain cases
The existing exemptions from payment of land revenue or non-agricultural assessment on land situate within the sites of villages and the limits of towns and cities shall be continued.
(i) if such lands, being other than lands used for purposes of agriculture, have been held wholly or partially exempt from payment of land revenue or non-agricultural assessment under any law, or order of Competent Authority, or any contract or grant from the State Government, prior to the commencement of this Act;
(ii) if such lands, being ordinarily used for the purposes of agriculture, have been held exempt from payment of land revenue or non-agricultural assessment prior to the commencement of this Act, having been excepted from survey settlement, introduced before this Act on the ground of such lands being 'hittals' attached to buildings or of its being deemed inexpedient to apply a survey settlement to them.
Section151 Right to exemption to be determined by the Deputy Commissioner
(1) Claims to exemptions under Section 150 shall be determined by the Deputy Commissioner, after a summary inquiry and his decision subject to decision in a civil suit shall be final.
(2) Any suit instituted in a Civil Court to set aside any order passed by the Deputy Commissioner under sub-section (1) in respect of any land situate within the site of a village or the limits of a town or city shall be dismissed, (although limitation has not been set up as defence) if it has not been instituted within one year from the date of the order.
Section152 Survey of lands and their boundaries within sites of villages or the limits of cities and towns how to be conducted
If the State Government shall at any time deem it expedient to direct a survey of any land or any boundary of such land, within the site of any village or the limits of any city or town, under the provisions of Section 106 or a fresh survey thereon under the provisions of Section 112, such survey shall be conducted and all its operations shall be regulated according to the provisions of Chapters IX and XII of this Act, due regard being had to all existing exemptions from payment of land revenue continued by Section 150:
Provided that nothing contained in Section 107, Section 138 or Section 139 thereof shall be considered applicable to any such survey in any city, town or village containing more than five thousand inhabitants.
Section153 Procedure in certain cases of survey under Section 152 and charge of a survey fee
(1) When a survey is ordered under Section 152 to any area within the limits of any city or town containing more than five thousand inhabitants.
 (a) the Survey Officer shall publish a notification in the prescribed manner, inviting all persons having any interest in the land or in the boundaries of which the survey has been ordered, to attend either in person or by agent at a specified place and time and from time to time thereafter, when called upon, for the purpose of pointing out boundaries and supplying information in connection therewith;
(b) each holder of a building site within such area shall be liable to pay a survey fee assessed on the area of such land by the Deputy Commissioner in the prescribed manner; provided that no survey fee shall be payable.
(i) by the State Government; or
(ii) in respect of buildings and lands exclusively occupied for public worship or for charitable purposes, which under any law relating to a Local Authority having jurisdiction over the area are exempt from the levy of a tax on lands and buildings.
(2) Any survey fee assessed in accordance with sub-section (1) shall be payable within three months from the date of service of a notice by the Deputy Commissioner upon the person liable therefor, after the completion of the survey of the area within the limits of the city or town or of such part thereof as the notice shall refer to. Such survey fee shall be recoverable as an arrear of land revenue.
Section154 Certificate to be granted without extra charge
(1) Every holder of a building site within the area of any town or city to which a survey is ordered under Section 152, shall be entitled, after payment of the survey fee in accordance with sub-section (2) of Section 153 to receive from the Deputy Commissioner without extra charge a certificate, in the form prescribed or to the like effect, specifying the plan and description, the extent and conditions of his holding:
Provided that if such holder does not apply for the certificate at the time of payment of the survey fee or thereafter within three months from the date of the notice by the Deputy Commissioner under Section 153, the Deputy Commissioner may require him to pay an additional fee not exceeding one rupee for each certificate.
(2) Every such certificate shall be executed on behalf of the State Government by such Officer as may from time to time be empowered to execute the same.
Section155 Duties of Local Authority for protecting boundary or survey marks
It shall be the duty of every Local Authority.
(a) to prevent the destruction, injury, removal or alteration of any boundary or survey mark within the limits of its jurisdiction; and
(b) when such Local Authority becomes aware that any such mark has been destroyed, injured, removed or altered, to report the fact to the Prescribed Officer.
Section156 Contributions payable by Local Authority
When the survey of any land or boundary directed under Section 152, within the limits of any city or town has been completed in accordance with the provisions of this Act, the expenses incurred in connection with such survey shall, in such proportion as may be fixed by the State Government, be payable by the Local Authority concerned to the State Government.
CHAPTER 14 Realisation of Land Revenue and Other Public Demands
Section157 Liability for revenue
(1) In the case of unalienated land, the occupant, and in the case of an alienated land, the superior holder, shall be primarily liable to the State Government for the payment of the land revenue, including all arrears of land revenue due in respect of the land. Joint occupants and joint holders who are primarily liable under this section, shall be jointly and severally liable.
(2) In the case of default by any person who is primarily liable under this section, the land revenue including arrears as aforesaid shall be recoverable from any person in possession of the land:
Provided mat where such person is a tenant, the amount recoverable from him shall not exceed the demands for the year in which the recovery is made:
Provided further that when the land revenue is recovered under this section from any person who is not primarily liable for the same, such person shall be allowed credit for any payment which he may have duly made to the person who is primarily liable, and shall be entitled to credit, for the amount recovered from him in account with the person who is primarily liable.
Section158 Claim of State Government to have precedence over all others.
(1) The claim of the State Government to any moneys recoverable under the provisions of this Chapter shall have precedence over any other debt, demand or claim whatsoever whether in respect of mortgage, judgment-decree, execution or attachment, or otherwise howsoever, against any land or the holder thereof.
(2) In all cases, the land revenue for the current revenue year, of land for agricultural purposes, if not otherwise discharged, shall be recoverable, in preference to all other claims, from the crop of such land.
Section159 Land revenue when becomes due and payable
(1) The land revenue leviable on account of a revenue year shall become due on the first day of that year and it shall be payable at such times, in such instalments, to such persons and at such places, as may be prescribed.
(2) The payment of land revenue to the person prescribed under sub-section (1) may be made in cash or in any prescribed manner.
(3) Any period elapsing between the first day of the revenue year and any date prescribed under sub-section (1) for the payment of land revenue shall be deemed to be a period of grace and shall not affect the provisions of sub-section (1).
Section160 Arrear of land revenue and defaulter
(1) Any instalment of land revenue or part thereof which is not paid on the date prescribed for payment under Section 159 shall become an arrear of land revenue and the person responsible for the payment shall become a defaulter.
(2) A statement of account, certified by the Deputy Commissioner or by the Assistant Commissioner shall, for the purpose of this Chapter be conclusive evidence of the existence of the arrear of land revenue, of its amount and of the person who is the defaulter:
Provided that nothing in this sub-section shall prejudice the rights of such person to make payment under protest and to question the correctness of the accounts in separate proceedings before the Deputy Commissioner or the Assistant Commissioner, as the case may be.
Section161 Process for recovery of arrears
An arrear of land revenue may after serving a written notice of demand on the defaulter under Section 162 be recovered by any one or more of the following processes, namely.
(a) by forfeiture of the occupancy or alienated holding in respect of which the arrear is due, under Section 163;
(b) by distraint and sale of the defaulter's moveable property including the produce of the land under Section 164;
(c) by attachment and sale of the defaulter's immoveable property under Sections 165 to 168;
(d) in the case of alienated holdings consisting of entire villages or shares of villages, by attachment of the said villages or shares of villages and taking them under Government management, under Sections 183 to 187.
Section162 Notice of demand
(1) A notice of demand may be issued on or after the day following that on which the arrear became payable.
(2) The form and contents of the notice of demand, the cost recoverable for such notice from the defaulter as an arrear of land revenue, and the Officers by whom such notices shall be issued shall be such as may be prescribed.
Section163 Forfeiture of occupancy or alienated holding
(1) The Deputy Commissioner may declare the occupancy or alienated holding in respect of which an arrear of land revenue is due, to be forfeited to the State Government, and sell or otherwise dispose of the same under the provisions of Sections 87 and 88 and credit the proceeds, if any, to the defaulter's account:
Provided that the Deputy Commissioner shall not declare any such occupancy or alienated holding to be forfeited.
(a) unless previously thereto he shall have issued a proclamation and written notices of the intended declaration in the manner prescribed under Section 168 for effecting sales of immoveable property; and
(b) until after the expiration of at least fifteen days from the latest date on which any of the said notices shall have been published as prescribed under Section 168.
[Provided further that notwithstanding anything contained in sub-section (1) of Section 87, the Tahsildar shall not declare any such occupancy or alienated holding, to be forfeited to the State Government, where the arrears of land revenue due does not exceed rupees ten thousand.]
(2) When any occupancy or alienated holding is declared forfeited under sub-section (1), the Deputy Commissioner may, before such occupancy or alienated holding is sold or otherwise disposed of, cancel the declaration of forfeiture, if the defaulter or any person interested in the occupancy or alienated holding pays the entire arrears of land revenue due and all expenses incurred so far in the recovery proceedings as may be fixed by the Deputy Commissioner.
Section164 Distraint and sale of moveable property
(1)The Deputy Commissioner may cause the defaulter's moveable property to be distrained and sold. Such distraint and sale shall be made by such Officers or class of Officers in such manner and in accordance with such procedure as may be prescribed.
(2) Nothing in sub-section (1) shall be deemed to authorise the distraint or sale of any property which, under the Code of Civil Procedure, 1908, is exempt from attachment or sale in execution of a decree or of any article kept exclusively for religious use.
Section165 Attachment and sale of immoveable property
When the Deputy Commissioner is of opinion that the processes referred to in clauses (a) and (b) of Section 161 are inexpedient or insufficient for the recovery of an arrear, he may, in addition to or instead of any of these processes, cause any immoveable property of the defaulter to be attached and sold.
Section166 Attachment how to be made
(1) The attachment of immoveable property under Section 165 shall be made by an order prohibiting the defaulter from transferring or charging the property in any way and all persons from taking any benefit from such transfer or charge.
(2) The order under sub-section (1) shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode and a copy of the order shall be affixed on a conspicuous part of the property and also on the notice board of the office of the Revenue Officer making the order.
(3) No transfer made or charge created by the defaulter after the date on which an order is made under sub-section (1) shall be valid as against the State Government or the auction purchaser at the sale of the property held for recovery of the arrears of land revenue subsequent to the attachment.
Section167 Claims to immoveable property attached
(1) If any claim is set up by a person not claiming under the defaulter, to the immoveable property attached under Section 165, the Revenue Officer making the attachment shall hold a summary enquiry into the claim and after such enquiry may admit or reject the claim.
(2) The person against whom an order is made under sub-section (1) may, within one year from the date of such order, institute a suit to establish the right which he claims to the property attached; but subject to the result of such suit, if any, the order shall be conclusive.
Section168 Procedure in effecting sale of immoveable property
(1) Before effecting the sale of any land or other immoveable property under the provisions of this Chapter, the Deputy Commissioner or other Officer empowered in this behalf, shall issue such notices and proclamations, in such form and in such manner and containing such particulars as may be prescribed, and cause such notices and proclamations to be published in such manner as may be prescribed.
(2) A copy of every notice or proclamation issued under sub-section
(1) shall be served on the defaulter.
Section169 The sale to be by auction
All sales of property, moveable or immoveable, under this Chapter shall be by public auction held in accordance with such rules as may prescribed.
Section170 Prohibition to bid at auction
No Officer having any duty to perform in connection with any sale by auction under Section 169 and no person employed by or subordinate to such Officer, shall, either directly or indirectly bid for or acquire any property.
Section171 Purchase of property by Government
(1) When a property is brought to sale in public auction under Section 169, if there be no bid, the Deputy Commissioner or other Officer duly authorised by him may purchase the property on account of the Government for a value to be determined in the prescribed manner.
(2) When a property is so purchased, the Deputy Commissioner may adjust such portion of the value as is necessary to cover the amount due to Government together with the cost of the sale and the defaulter shall be entitled on application to obtain payment of balance, if any, of such value.
(3) Subject to the general or special orders of the State Government, the property so purchased may be disposed of by the Deputy Commissioner as he deems fit.
Section172 Sale of perishables
Nothing in Section 169 applies to the sale of perishable articles. Such articles shall be sold by auction with the least possible delay and such sale shall be finally concluded by the Officer conducting the sale, subject to such orders as may from time to time be made by the Deputy Commissioner either generally or specially in this behalf.
Section173 Sale not to be excessive
The property to be sold moveable or immoveable, under the provisions of this Chapter, shall, as far as may be practicable, be proportionate to the amount of the arrear of land revenue to be recovered and the expenses of attachment and sale.
Section174 Deposit by purchaser of immoveable property
In all cases of sale of immoveable property, the party declared to be the purchaser shall be required to deposit immediately twenty-five per cent of the amount of his bid, and the balance within fifteen days from the date of the sale.
Section175 Failure to make deposit
(1) In default of the payment of the deposit referred to in Section 174, the property shall be put up for resale forthwith and the expenses incurred in connection with the first sale shall be borne by the defaulting bidder.
(2) In default of payment of the balance of the bid amount within the period prescribed in Section 174, the deposit, after defraying therefrom expenses of the sale, shall be forfeited to the State Government, and the property shall be resold; such resale shall be made after issue of a fresh notice in the manner prescribed under this Chapter for the original sale.
(3) Any deficiency of price which may happen on a resale by reason of the purchaser's default and all expenses attending such resale shall be recoverable from the defaulting purchaser in the same manner as an arrear of land revenue.
Section176 Setting aside sale
(1) Where immoveable property has been sold under this Chapter, the defaulter, or any person owning such property or holding an interest therein, may at any time within ninety days of the date of sale apply in the prescribed manner to the Deputy Commissioner to have the sale set aside.
(a) on the ground of some material irregularity or mistake or fraud resulting in loss or injury to him; or
(b) on his depositing in the Deputy Commissioner's Office the amount of the arrear specified in the proclamation of sale, the cost of the sale and for payment to the purchaser, a sum equal to five percentum of the purchase money.
(2) On an application made under clause (a) of sub-section (1), the Deputy Commissioner shall, if he is satisfied after a summary enquiry that there has been some material irregularity, mistake or fraud in publishing or conducting the sale, set aside the sale and direct a fresh sale;
Provided that no sale shall be set aside on the ground of any irregularity or mistake, unless it is proved that the applicant has sustained loss or injury as a result of such irregularity or mistake.
(3) On an application with the required deposit being made under clause (b) of sub-section (1) within the period specified therein, the Deputy Commissioner shall make an order setting aside the sale:
Provided that if more persons than one have made deposits and applied under this section, the application of the first depositor or in case all the depositors agree to the application of any other depositor being accepted, the application of such depositor, shall be accepted.
Section177 Confirmation of sale
If, on the expiration of ninety days from the date of sale of any immoveable property, no application has been made for setting aside the sale or if any such application has been made and rejected, the Deputy Commissioner shall make an order confirming the sale:
Provided that for reasons to be recorded, the Deputy Commissioner may set aside the sale subject to such conditions as he may deem proper, notwithstanding that no application therefor has been made, or on grounds other than those alleged in any application which has been made and rejected.
Section178 Refunds
(1) The Deputy Commissioner shall order the refund and payment to the purchaser, of.
(a) the amounts deposited by him under Section 174; and
(b) the sum equal to five percentum of the purchase money in case of a deposit under clause (b) of sub-section (1) of Section 176; if the sale of any immoveable property is not confirmed or is set aside.
(2) The Deputy Commissioner shall order the refund and payment of all the moneys deposited under clause (b) of sub-section (1) of Section 176 to the person, who made the deposit, if the sale is confirmed:
Provided that the Deputy Commissioner may set off the whole or any part of any such moneys against any arrear of land revenue or any other arrear recoverable as an arrear of land revenue, which may be outstanding against the person, who made the deposit.
Section179 Certificate of purchase
When a sale held under the Chapter is confirmed, the Deputy Commissioner shall put the person declared to be the purchaser in possession of the properly and shall cause his name to be entered in the land records and shall grant him a certificate in the prescribed form to the effect that he has purchased the property specified therein and such certificate shall be deemed to be a valid transfer of such property.
Section180 Removal of obstruction
(1) Where a purchaser of immoveable property, to whom a certificate is granted under Section 179, is resisted or obstructed by any person, in obtaining possession of the property, such purchaser may apply to the Civil Court having jurisdiction over the property, for removal of such resistance or obstruction and such Court shall investigate the matter as if the property were purchased by the applicant at a sale held in execution of a decree of such Court under the Code of Civil Procedure, 1908.
(2) The provision of the Code of Civil Procedure, 1908, shall apply mutatis mutandis to the investigation and the order made thereafter by the Court, under sub-section (1).
Section181 Application of proceeds of sale
The proceeds of the sale of any property under this Chapter shall be applied in defraying the expenses of the sale, which shall be determined in the prescribed manner and the balance shall be applied to the payment of the arrears on account of which the sale was held and the surplus, if any, shall be paid to the person whose property has been sold.
Section182 Liability of certified purchaser
The person who has purchased any land and to whom a certificate of purchase has been granted shall not be liable for the land revenue in respect of the land for any period prior to the date of the sale.
Section183 Recovery by attachment of the defaulter's village and taking it under management
If the holding, in respect of which an arrear is due, consists of an entire village or of a share of a village, and the adoption of any of the other processes specified in Section 161 is deemed inexpedient, the Deputy Commissioner may, with the previous sanction of the State Government, cause such village or share of a village to be attached and taken under the management of himself or any agent whom he appoints for that purpose.
Section184 Lands of such village to revert to Government free of encumbrances
(1) The lands of any village or shares of a village attached under Section 183 shall revert to the State Government unaffected by the acts of the superior holder or of any of the sharers, or by any charges or liabilities subsisting against such super or holder or sharers as are interested therein, so far as the arrears of land revenue due are concerned, but without any prejudice in other respects to the rights of any tenant or any other person.
(2) The Deputy Commissioner or his agent appointed under Section 183, shall be entitled to manage the lands attached by letting them out at rates not exceeding the rates prescribed under any law for the time being in force which he may deem reasonable and by granting unoccupied lands on lease and to receive all rents and profits accruing therefrom to the exclusion of the superior holder or any of the sharers thereof, until the Deputy Commissioner restores the management thereof to the said superior holder.
(3) The Deputy Commissioner or his agent appointed under Section 183 shall, during such management, be entitled to recover under the provisions of this Chapter, all such rents or profits accruing in or after the revenue year in which such attachment was effected, provided that proceedings for such recovery are taken within six years from the end of the revenue year for which such rent or profit became due.
Section185 Application of surplus profits
All surplus profits of the lands attached under Section 183, beyond the cost of such attachment and management, including the payment of the current revenue and the cost of the introduction of a revenue survey, which the Deputy Commissioner is hereby empowered to introduce, shall be applied in defraying the said arrear.
Section186 Restoration of village so attached
(1) The village or share of a village attached under Section 183 shall be released from attachment and the management thereof shall be restored to the superior holder, on the said superior holder making an application to the Deputy Commissioner for that purpose at any time within twelve years from the first of July next after the attachment.
(a) if at the time that such application is made, it shall appear that the arrear has been liquidated; or
(b) if the said superior holder shall be willing to pay the balance, if any, still due by him, and pays such balance within such period as the Deputy Commissioner may specify in this behalf.
(2) The Deputy Commissioner shall make over to the superior holder the surplus receipts, if any, which have accrued in the year in which his application for restoration of the village or share of a village is made, after defraying all arrears and costs, but such surplus receipts, if any, of previous years shall be at the disposal of the State Government.
Section187 Village, etc., to vest permanently in the State Government if not redeemed within twelve years
If no application be made for the restoration of a village or share of a village attached under Section 183 within the aforesaid period of twelve years, or if after such application has been made, the superior holder fails to pay the balance, if any, still due by him within the period specified by the Deputy Commissioner in this behalf, the said village or share of a village shall thenceforward vest in the State Government, free from all encumbrances created by the superior holder or any of the sharers or any of his or their predecessors in title or in any wise subsisting as against such superior holder or any of the sharers, but without prejudice to the rights of the persons in actual possession of the land.
Section188 Precautionary measures in certain cases
(1) When the crop of any land or any portion of the same is sold, mortgaged or otherwise disposed of, whether by private agreement or by order of a Civil Court or other public authority, the Deputy Commissioner may, if he thinks it necessary, prevent its being removed from the land until the demand for the current year in respect of the said land is paid, whether the date fixed for the payment of the same has arrived or not. But in no case shall a crop or any portion of the crop, which has been sold, mortgaged or otherwise disposed of, be detained on account of more than the demands of the year in which the detention is made.
(2) In order to secure the payment of the land revenue by enforcement of the lien of the State Government on the crop, the Deputy Commissioner may.
(a) require that the crop growing on any land liable to the payment of land revenue shall not be reaped until a notice in writing has first been given to himself or some other Officer to be named by him in this behalf;
(b) direct that no such crop shall be removed from the land on which it has been reaped or from any place in which it may have been deposited without the written permission of himself or of some other Officer as aforesaid;
(c) cause watchmen to be placed over any such crop to prevent the reaping or removal of the same, and recover the cost incurred thereby as an arrear of land revenue due in respect of the land to which such crop belongs.
(3) Any person who disobeys or abets the disobedience of, any order passed under sub-section (2), after the same has been duly published or a notice thereof has been served upon him, shall be liable, after a summary enquiry by the Deputy Commissioner, to a fine not exceeding double the amount of the land revenue due on such land.
(4) The Deputy Commissioner shall not defer the reaping of the crop, nor prolong its deposit unduly, so as to damage the produce. If within two months after the crop has been deposited, the land revenue due has not been paid, the Deputy Commissioner shall either release the crop and proceed to realise the revenue in any other manner authorised by this Chapter or take such portion thereof, as he may deem fit, for sale under the provisions of this Chapter, applicable to sales of movable property in realisation of the revenue due and of all legal costs and release the rest.
Section189 Precautionary measures to be relinquished on security being furnished
Precautionary measures authorised by Section 188 shall be relinquished if the person primarily responsible for the payment of revenue or any person who would be responsible for the same, if default were made by the person primarily responsible, shall pay the costs lawfully incurred by the Deputy Commissioner, up to the time of such relinquishment and furnish security to the satisfaction of the Deputy Commissioner for the payment of the revenue, at the time at which or in the instalment in which, it is payable under the provisions of this Chapter.
Section190 Recovery of other public demands
The following moneys may be recovered under this Act in the same manner as an arrear of land revenue, namely.
(a) all rents, royalties, water rates, cesses, fees, charges, premia, penalties and fines due to the State Government, for use or occupation of land or water or any product of land;
(b) all moneys due to the State Government under any grant, lease or contract, which provides that they shall be recoverable as arrears of land revenue;
(c) all sums declared by this Act or any other law for the time being in force to be recoverable as an arrear of land revenue.
Section191 Recovery of moneys from surety
Every person who may have become a surety by or under any of the provisions of this Act or under any other enactment or any grant, lease or contract whereunder the sum secured is recoverable from the principal as an arrear of land revenue, shall, on failure to pay the amount or any portion thereof, which he may have become liable to pay under terms of his security bond, be liable to be proceeded against, under the provisions of this Chapter in the same manner as for an arrear of land revenue.
Section192 Recovery of arrears due in any one district by Deputy Commissioner of another district
(1) When an arrear of land revenue or other public demand recoverable as an arrear of land revenue under Section 190 is due in one district, but is to be recovered by sale of defaulter's property in any other district, the Deputy Commissioner of the district in which such arrear of demand became due shall send a statement of account certified under sub-section (2) of Section 160 to the Deputy Commissioner of the district, within which the recovery is to be made.
(2) On receipt of such certified statement it shall be lawful for the Deputy Commissioner of one district to proceed to recover the demand of the Deputy Commissioner of another district under the provisions of this Chapter, as if the demand arose in his own district.
CHAPTER 15 Miscellaneous
Section193 Inspection and grant of copies of maps and land records
Subject to such rules and payment of such fees as the State Government may from time to time prescribe in this behalf, all maps and land records shall be open to the inspection of the public at reasonable hours and certified extracts from such maps and land records or certified copies thereof shall be given to all persons applying for the same.
Section194 Suspension or remission of land revenue
(1) Notwithstanding anything contained in this Act, but subject to such rules as may be prescribed, where there is failure of crops in any tract owing to inadequate rainfall or other cause, and the State Government considers that it is necessary to suspend or remit the land revenue payable in respect of any land in such tract, it may, by notification.
(i) suspend the collection of land revenue or any part thereof for such period as may be specified in such notification; or
(ii) remit the land revenue payable for any year in whole or in part as may be specified in such notification.
(2) Every notification issued under sub-section (1) shall be laid before both Houses of the State Legislature.
Section195 Delegation of powers
(1) The State Government may, by notification, delegate to any Officer or authority subordinate to it, any of the powers conferred on the State Government or any Officer subordinate to it under this Act, to be exercised by such Officer or authority, subject to such restrictions and conditions, if any, as may be specified in the said notification.
(2) Notwithstanding anything contained in sub-section (1), the State Government shall not delegate any of its powers under Sections 3, 4, 6, 7, 8, 9, 10, 18, 20, 21, 40, 43, 48, 114, 115, 121 or 125 or the power to make rules under Section 197 or the power to remove difficulties under Section 201.
Section196 Protection of action taken in good faith
No suit, prosecution or other proceeding shall lie.
(a) against any Officer of the State Government for anything in good faith done or intended to be done under this Act, or the rules thereunder;
(b) against the State Government or any damage caused or likely to be caused or any injury suffered or likely to be suffered by anything in good faith done or intended to be done under this Act, or the rules thereunder.
Section197 Power of State Government to make rules
(1) The State Government may, by notification and after previous publication, make rules, not inconsistent with the provisions of this Act, to carry out the purposes and objects thereof and for the guidance of all persons in matters connected with the enforcement of this Act or in cases not expressly provided for thereunder.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may be made.
(a) regulating the appointment of Revenue Officers and Survey Officers and the exercise by them of their powers;
(b) prescribing the terms and conditions subject to which a Village Accountant holds office under Section 16;
(c) prescribing the language other than Kannada or English, in which the evidence is to be taken down in a formal inquiry in any district or part of a district under Section 33;
(d) prescribing the manner of conducting inquiries other than formal or summary inquiries under Section 37;
(e) prescribing conditions subject to which Benches of the Tribunal may have sittings at places other than its headquarters under Section 42;
(f) prescribing the mode, form and manner in which appeals under Chapter V shall be drawn up and presented;
(g) prescribing the period within which an application for revision may be made under Section 56;
(h) prescribing the purposes for which land liable to the payment of land revenue may or may not be used, and regulating grant of permission to use agricultural land for non-agricuitural purposes;
(i) regulating the disposal under Section 69 of land and other property vesting in the State Government;
(j) regulating the disposal of forfeited land;
(k) prescribing the terms and conditions on which, and the period for which unoccupied unalienated land may be granted;
11. Clause (1) substituted by Act No. 10 of 1985 and shall be deemed to have come into force w.e.f. 8-6-1984 and subsequently repealed by Act No, 22 of 2000, w.e.f. 29-11-2000. [(l) amount of fine and compounding amount leviable under Sections 95 and 96 which may be different for different areas or different contraventions or for different purposes for which the diversion or use of the land is made;]
(m) regulating the division of survey numbers into sub-divisions and the fixing of the assessment of sub-divisions under Section 109;
(n) regulating the conduct of surveys and settlements of land revenue and prescribing the notice to be given under Section 122 before the introduction of the settlement;
(o) regulating the construction, laying out, maintenance and repair of boundary marks;
(p) prescribing the records, registers, accounts, maps and plans, to be maintained for the purpose of this Act and the manner and forms in which they shall be prepared and maintained;
(q) prescribing the manner in which the assessment or survey number and sub-division thereof shall be based on their classification value;
(r) prescribing the manner in which inquiry is to be held under Section 118;
(s) determining the manner in which the average yields of crops of land is to be ascertained by the Settlement Officer;
(t) prescribing the manner in which the Settlement Report shall be published under Section 119;
(u) prescribing the manner in which and the places at which the notice inviting objections to the settlement proposals shall be published under sub-section (2) of Section 119;
(v) regulating the preparation, maintenance and revision of the Record of Rights and the Registers of Mutations and disputed cases
11. Clause (v-a) inserted by Act No. 23 of 1982, w.e.f. 5-7-1982 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000 [(v-a) prescribing the procedure for preparation, maintenance and issue of patta book and the fee, if any, payable for its preparation, issue and maintenance, and matters relating thereto;]
(w) regulating the exercise by Prescribed Officers and Revenue Officers of the powers of a Survey Officer and the assessment of costs and expenses under Section 131;
(x) prescribing the times and places at which and the persons to whom land revenue shall be payable and the instalments in which it may be paid;
(y) prescribing the form and contents of a notice of demand, the costs recoverable for such notice and the Officers by whom such notices shall be issued;
(z) prescribing the procedure and the manner of distraint of movable property and the Officers or class of Officers competent to make such distraint;
(aa) prescribing the form of summons and other processes, notices, orders and proclamations to be issued or made by Revenue Officers and the manner of their service;
(bb) prescribing the procedure for the attachment and sale of property and the confirmation and setting aside of sales of immovable property under Chapter XIV;
(cc) regulating the manner of publication of notices and proclamations of attachment and sale of property;
(dd) regulating the manner in which the cost and expenses incidental to the attachment and sale of property shall be determined;
(ee) prescribing the manner of payment of deposit and of the purchase money of the property sold for arrears of land revenue or other public demands recoverable as such arrears;
(ff) determining the circumstances in which precautionary measures for securing the land revenue under Section 188 may be taken;
(gg) regulating the procedure for the transfer of cases from one Revenue Officer to another;
(hh) for the grant of certified copies and fixing the payment of fees for inspection and grant of certified copies of records and other registers;
(ii) fixing the amount of and the manner in which fee, if any, leviable on memorandum of appeals or applications for revision may be levied;
(jj) any other matter which has to be or may be prescribed for the effective enforcement of the Act.
(3) The State Government may, in making any rules under sub-section (1) or sub-section (2) prescribe that any person committing a breach of any specified rule shall, on conviction, be punished with imprisonment for a term not exceeding one month or with fine not exceeding five hundred rupees, or with both, in addition to any other consequences that would ensue from such breach.
(4) A rule under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a statement laid before both Houses of the State Legislature. Subject to any modification made under Section 198, every rule made under this Act shall have effect as if enacted in this Act.
Section198 Laying of rules, regulations and notifications before the State Legislature
Every rule made under this Act, every regulation made under Section 48, and every notification issued under Section 201, shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the sessions immediately following, both Houses agree in making any modification in the rule, regulation or notification or both Houses agree that the rule, regulation or notification should not be made, the rule, regulation or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under such rule, regulation or notification.
Section199 Transitional provisions
(1) Save as otherwise expressly provided in this Act, all cases instituted or pending before the Tribunal or any Revenue Court in any area within the State, immediately before the coming into force of this Act, whether in appeal, revision, or otherwise shall be decided in accordance with the provisions of the appropriate law, which would have been applicable had this Act not been passed.
(2) Any case instituted or pending in a Civil Court immediately before the coming into force of this Act, which would under this Act be exclusively triable by a Revenue Court, shall be disposed of by such Civil Court according to the law in force prior to the commencement of this Act.
Section200 Offences by Companies
(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in-charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of, any Director, Manager, Secretary or other Officer of the company such Director, Manager, Secretary or other Officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation. For the purposes of this section.
(a) "Company" means a body corporate, and includes a firm or other association of individuals; and
(b) "Director" in relation to a firm means a partner in the firm.
Section201 Power to remove difficulties
(1) If any difficulty arises in giving effect to the provisions of mis Act, in any area of the State, in consequence of the transition to the said provisions from the provisions of any enactment or law in force in such area immediately before the commencement of this Act, the State Government may, by notification, make such provisions as appear to it to be necessary or expedient for removing the difficulty.
(2) If any difficulty arises in giving effect to the provisions of this Act, in any area of the State, otherwise than in relation to the transition from the provisions of any enactment or law in force in such area before the commencement of this Act, the State Government may, by notification, make such provisions not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty.
Section202 Repeal and Savings
(1) The enactments specified in the Schedule, and any other law corresponding to this Act are hereby, repealed:
Provided that subject to the provisions of this Act, the repeal shall not effect.
(a) the previous operation of any such enactment or law or anything duly done or suffered thereunder;
(b) any right, privilege, obligation or liability acquired, accrued or incurred under such enactment or law;
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against such enactment or law;
(d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; And any such investigation, legal proceeding or remedy may be instituted or en-forced and any such penalty, forfeiture, or punishment may be imposed as if such enactment or law had not been repealed.
(2) Notwithstanding anything contained in the proviso to sub-section (1) but subject to any notification issued under Section 201, anything done or any action taken (including any appointment, or delegation made, land revenue, non-agricultural assessment, fee or cess, settled, fixed or imposed, notification, order, instrument or direction issued, rule or regulation made, certificate obtained or permission granted) under any enactment or law repealed by sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act.
11. Sub-section (2-A) inserted by Act No. 2 of 1966, w.e.f. 26-2-1966 and subsequently repealed by Act No. 22 of 2000, w.e.f. 29-11-2000,
[(2-A) Notwithstanding anything contained in sub-section (1) or sub-section (2) or in any enactment or law repealed by sub-section (1) or any other law, in respect of any order made or proceedings disposed of by any officer subordinate to the Divisional Commissioner under any enactment or law, repealed by sub-section (1) or any rule or order made under such enactment or law, no appeal shall lie to the Divisional Commissioner, but an appeal shall lie to the Tribunal as if the Tribunal were the Appellate Authority under such enactment, law, rule or order, and such appeal shall be disposed of by the Tribunal in accordance with the provisions of such enactment, law rule or order.]
(3) Any reference in any enactment or law or in any instrument to any provision of any of the enactment or law repealed by sub-section (1) shall, unless a different intention appears, be construed as a reference to the corresponding provision of this Act.
(4) Any custom, usage or order prevailing in any area of the State, at the time of the commencement of this Act, and having the force of law therein shall, if such custom, usage or order is repugnant to, or inconsistent with any of the provisions of this Act, cease to be operative to the extent of such repugnancy or inconsistency.
SCHEDULE 1 SCHEDULE
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The Madras Collectors Regulation, 1803
19.
1817
VIII
The Madras Revenue Recovery (Military Proprietors) Regulation, 1817
20.
1822
IX
The Madras Revenue Malversation Regulation, 1822
21.
1823
III
The Madras Malversation (Amendment) Regulation, 1823
22.
1828
VII
The Madras Subordinate Collectors and Revenue Malversation (Amendment) Regulation, 1828
23.
1832
III
The Madras Revenue Malversation (Amendment) Regulation, 1832
24.
1837
XXXVI
The Madras Public Property Malversation Act, 1837
25.
1839
VII
The Madras Rent and Revenue Sales Act, 1839
26.
1857
VII
The Madras Uncovenanted Officers Act, 1857
27.
1864
II
The Madras Revenue Recovery Act, 1864
28.
1865
I
The Madras District Limits Act, 1865
29.
1865
VI
The Madras Officials Seals Act, 1865
30.
1869
III
The Madras Revenue Summonses Act, 1869
31.
1876
I
The Madras Land Revenue Assessment Act, 1876
32.
1893
V
The Madras Revenue Enquiries Act, 1893
33.
1905
III
The Madras Land Encroachment Act, 1905
34.
1914
II
The Madras Land Revenue Assessment (Amendment) Act, 1914
35.
1914
VII
The Madras Deputy Collectors Act, 1914
36.
1923
VIII
The Madras Survey and Boundaries Act, 1923
37.
1925
II
The Madras Survey and Boundaries Act, 1923 (Validation) Act, 1924
38.
1937
XIV
The Madras Revenue Recovery and City Land Revenue (Amendment) Act, 1937
39.
1952
X
The Madras Survey and Boundaries (Amendment) Art, 1952.
RULE:
KARNATAKA LAND REVENUE RULES, 1966
In exercise of the powers conferred by Section 197 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), the Government of Karnataka, hereby makes the following rules, the draft of the same having been published as required by sub-section (1) of Section 197 of the said Act, in the Karnataka Gazette, dated 9th September, 1965, as GSR 660, dated 1st September, 1965, at pages 1397 to 1518.
CHAPTER 1 Preliminary
Rule1 Title
These rules may be called the Karnataka Land Revenue Rules, 1966.
Rule2 Definitions
In these rules
(i) "Act" means the Karnataka Land Revenue Act of 1964;
(ii) "Form" means a form appended to these rules;
(iii) "Section" means a section of the Act.
CHAPTER 2 Constitution of Revenue Administration Units
Rule3 Factors to be considered in altering the limits of Revenue Administration Units
The alteration of, and addition to, the limits of any village, the amalgamation of two or more villages, or the constitution of a new village under Section 5, may be effected, taking into consideration the following factors, namely
(i) the population of the village or villages;
(ii) the area of the village or villages;
(iii) the demand under land revenue in the village or villages and other heads of account;
(iv) administrative convenience.
Rule4 Publication of notice under Section 6
(1) Whenever State Government proposes to abolish any division, district, sub- division, taluk, circle or village or alter the limits in respect of any of them a notice of proposal inviting objections shall in addition to being published in the Official Gazette be also caused to the published in the place or places noted hereunder
(i) In the case of abolition or alteration of the limits of a division
(a) in the offices of the Divisional Commissioners concerned;
(b) in the offices of the Deputy Commissioners of all the Districts of the Divisions concerned;
(c) in the offices of the Assistant Commissioners in-charge of all the sub-divisions of the divisions concerned;
(d) in the offices of the Tahsildars of all the Taluks in the Divisions concerned.
(ii) in the case of abolition or alteration of the limits of a district
(a) in the offices of the Deputy Commissioners of the districts concerned;
(b) in the offices of the Assistant Commissioners in-charge of all the sub-divisions of the districts concerned;
(c) in the offices of the Tahsildars of all the Taluks in the districts concerned.
(iii) in the case of abolition or alteration of the limits of a sub-division
(a) in the offices of the Assistant Commissioners of the subdivisions concerned;
(b) in the offices of the Tahsildars of all the Taluks in the sub-divisions concerned.
(iv) in the case of abolition or alteration of the limits of a Taluk
(a) in the offices of the Tahsildars of the Taluks concerned;
(b) in the chavadies of all the villages in the Taluks concerned;
(c) in any other conspicuous place in the concerned villages.
(d) in the case of abolition or alteration of the limits of a circle
(v) in the case of abolition of alteration of the limits of a circle
(a) in the offices of the Tahsildars of the Taluks concerned;
(b) in the chavadies of all the villages of the circle or circles concerned.
(vi) in the case of abolition or alteration of the limits of a village
(a) in the chavadies of all the villages concerned;
(b) in any other conspicuous place where people generally congregate.
(2) In every notice published under Section 6, a date on or after which the proposal will be taken into consideration shall be specified, and such date shall not be less than one month from the date of publication of the notice in the Official Gazette.
Rule5 Forwardal of objections by the Deputy Commissioners to the State Government
On the expiry of the date specified in the notice issued under Section 6, the Deputy Commissioner shall in consultation, with the Commissioner for Survey and Settlement examine the objections, if any, received by him to the proposal and forward such objections with his remarks thereon to the State Government through the Divisional Commissioner.
CHAPTER 3 Procedure of Revenue Officers
Rule6 Procedure to be followed by Revenue Officers in conducting enquiries other than formal or summary
In an enquiry referred to in Section 37, the evidence shall be recorded in full. The opinion or decision of the Officer holding the enquiry shall be recorded invariably in his own handwriting irrespective of whether the evidence has been taken down in full or only a summary thereof has been recorded. It should be read over and interpreted and admitted as correct.
Rule7 Payment of expenses of witnesses
(1) They payment of the expenses of witnesses summoned to appear before a Revenue Officer in any enquiry, or other proceedings, at the instance of any party, shall be as follows
Process fees In respect of process to be issued from a Revenue Court, these shall be payable by the party, at whose instance such process is to be served, a Court fee of the amount specified in the table set out below, and such process shall not be issued, served or executed until such fee shall have been duly paid.
(2) In the case of witnesses summoned otherwise than at the instance of a party, the Revenue Officer may order, for reasons to be recorded by him, that the expenses of such witnesses be made costs in the enquiry, or proceedings and be paid by such of the parties as he may direct or by the State Government.
Rule8 Notice to the party whose interest will be affected
No order shall be made without giving the party or parties concerned a reasonable opportunity of being heard. The procedure specified in Section 36 shall apply mutatis mutandis to Appeals and Revisions.
Rule9 Appearance of parties by Advocates or Pleaders
In any enquiry or other proceedings before a Revenue Officer the party concerned may appear in person or through an Advocate, Pleader or other recognised Agent.
CHAPTER 4 Provisions Relating to Appointment of Staff to and the Procedure to be followed by the Karnataka Revenue Appellate Tribunal
Rule10 Appointment of Secretary and Assistant Secretary to the Tribunal
There shall be a Secretary to the Tribunal who shall be appointed by the State Government. The State Government may if it deems fit, appoint one or more Assistant Secretaries to the Tribunal who shall discharge such duties of the Secretary as may be entrusted to them by the Chairman of the Tribunal.
Rule11 Power of Government to call for Information, Report, etc
The Tribunal shall furnish such information, report, statistics and returns regarding the working of the Tribunal as may be called for by the State Government from time to time.
Rule12 Seal of the Tribunal
The Tribunal shall use a circular seal, two inches in diameter, which shall bear therein the Karnataka State Emblem, with the following inscription in Kannada and English. "Karnataka Revenue Appellate Tribunal"
Rule13 Application for grant of certified copies
Rules 7 and 139 applicable to grant of certified copies and the fees to be paid for such grant shall be applicable to grant of certified copies, and issue of processes in the case of Tribunal also.
Rule14 Power of the Chairman
The Chairman shall have power
(a) to constitute Benches from among the members of the Tribunal including himself;
(b) to designate any member to act for any of the purposes of these rules; and
(c) to distribute business among the Benches and to transfer appeals or applications from one Bench to another Bench;
(d) to convene meeting of the Members of the Tribunal for considering any question connected with the functions and work of the Tribunal.
CHAPTER 5 Appeals and Applications
Rule15 Manner of presentation of appeal, etc
Every appeal, petition, application or other document presented to any authority shall be presented by the party making such appeal, petition or application or by his recognised agent, his pleader or advocate in the office during the office hours or be sent by registered post addressed to the authority to whom it is presented by designation.
Rule16 Contents of appeal, etc
Every such appeal, petition applications shall
(a) be either typewritten or written in ink in clearly legible hand;
(b) specify the name, father's name and postal address of the appellant or applicant and of the respondent or opponent, as the case may be;
(c) contain a brief statement of the facts of the case;
(d) state the provisions of the substantive law under which it is presented;
(e) clearly state the grounds of appeal, petition or application and the relief claimed;
(f) if filed, after the expiry of the period of limitation, state the reasons for the delay:
Provided that where the appellant, petitioner or applicant wants the delay to be condoned, he shall file a separate application along with an affidavit explaining the circumstances relied upon, failing which the appeal, petition or application shall be dismissed in limine. Every appeal, petition or application shall be accompanied by a certified copy of the order in respect of which the appeal, petition or application has been made and also by as many true copies of the appeal memo, petition or application as there are respondents or opponents.
Provided further that every appeal, petition or application made to the Tribunal shall be accompanied by two true copies of such appeal, petition or application and by one certified copy and two true copies of the order in respect of which the appeal, petition or application has been made in addition to as many true copies of such order and appeal, petition or application as there are respondents or opponents.]
Rule17 Affidavits
Every affidavit for use in any office shall set forth the cause title of the appeal or matter in which it is sought to be used and shall describe every person making the affidavit in such a manner as will be sufficient to identify him clearly. An affidavit shall be confined to statements of facts and avoid arguments and when it contains statements of facts not within the declarant's personal knowledge but based on information received by the declarant, he shall state so and that he believes them to be true and also give the source of such information wherever possible and the grounds of his belief, if any.
CHAPTER 6 Revenue Survey and Settlement
Rule18 Manner of Publication of General Notice
A general notice in Form 1 under Section 107 shall be published in the Chavadi of the village where the Survey is to be conducted such notice being notified by the beat of drum.
Rule19 Survey Numbers and Sub-Divisions
(1) Every holding not less in extent than the minimum prescribed under Section 108 shall be separately measured, classified, assessed and defined by boundary marks and entered in the Land Records as a Survey Number.
(2) Every holding of which the area is less than the minimum fixed shall be separately measured and assessed and entered in the Land Records, as a sub-division of that Survey Number in which it is directed to be comprised in accordance with the provision of rules hereinafter provided.
Rule20 Record of Measurements, etc
(1) The measurements shall be recorded in the following books and forms according to the type of Survey undertaken.
(a) Traverse Book and Index Map.
(b) Tippan Book or Plane Table Sheet.
(c) Pakka Book or Gunakar Book (Original Survey).
(2) In addition to the books and forms mentioned in sub-rule (1) the following books and forms may be prepared and maintained whenever necessary
(a) Kayamdar Taktha;
(b) Pahani Sud;
(c) Vasul Baki;
(d) Jodidar Taktha;
(e) Lavani Phaisal Patrik;
(f) Statement of Trees (Gida Patrik);
(g) Statement of grazing land (Hulbani Taktha);
(h) Statement of fallow lands (Banjar Taktha);
(i) Kammi Jasti Patrick;
(j) Jantries for Dry, Wet and Garden land or Plantation land.
Rule21 Classification
(1) For the purposes of assessment, all lands shall be classed with respect to their productive qualities. The number of classes and their relative value reckoned in annas (16 annas, i.e., 100 per cent classification value) shall be fixed under the orders of the Commissioner for Survey, Settlement and Land Records with reference to the circumstances of the different tracts of the State to which the Survey extends and to the nature of the cultivation, and the classification results shall be recorded in the following books and forms
(a) Prathi Book;
(b) Bagayat Taktha;
(c) Darwari;
(d) Classer's Register;
(e) Statement showing bifurcation of soil and water assessment;
(f) Akarband.
(2) During the process of classification land included as unarable shall be treated as "Pot Kharab". Pot Kharab lands may be classified as follows
(a) That which is classified as unfit for agriculture at the time of survey including the farm buildings or threshing floors of the holder;
(b) That which is not assessed because, (i) it is reserved or assigned for public purpose; (ii) it is occupied by a road or recognised footpath or by a tank or stream used by persons other than the holders for irrigation, drinking or domestic purposes; (iii) used as burial ground or cremation ground; (iv) assigned for village potteries.
Rule22 Original Measurement and Classification Test
The original measurement and soil classification made under Rules 20 and 21 shall be tested by the Officers-in-charge of the operations in such a manner, and to such extent as may be directed by the Commissioner for Survey, Settlement and Land Records.
Rule23 Meanings of certain expression for purposes of Settlement
11. Clause (i) substituted by GSR 392, dated 25-10-1969, w.e.f. 20-11-1969 [(i) "Good lands" mean lands bearing classification value of not less than
(a) eighty-seven per cent in the case of plantation lands; and
(b) sixty-nine per cent in the case of other lands.]
11. Clause (ii) substituted by GSR 392, dated 25-10-1969, w.e.f. 20-11-1969 [(ii) "Inferior lands" mean lands bearing classification value of
(a) less than seventy-five per cent in the case of plantation lands; and
(b) less than thirty-seven per cent in the case of other lands.]
(iii) "Local enquiry" means the settlement enquiry undertaken by the Settlement Officer in each representative village;
22. Clause (iv) substituted by GSR 392, dated 25-10-1969, w.e.f. 20-11-1969 [(iv) "Medium lands" mean lands bearing classification value of not less than
(a) seventy-five per cent in the case of plantation lands; and
(b) thirty-seven per cent in the case of other lands.]
(v) "Principal crops" means all crops grown in not less than twenty per cent of the gross cropped area and cash crops grown in not less than five per cent of the gross cropped area;
(vi) "Representative village" means a village selected by the Settlement Officer for the purpose of holding a local enquiry.
Rule24 Standard Rate
The Standard Rate in respect of any group shall be determined with reference to the average yield and value of the crops grown in not less than sixty-six per cent of the gross cropped area in that group. The crops selected for this purpose shall as far as possible be the principle crops grown in such group. In cases in which the area under the principal crops is less than sixty-six per cent of the gross cropped area, such other crops as are grown in such group, and as may be selected for the purpose, shall also be taken into consideration, so as to bring the aggregate of the cropped area taken into account for this purpose, to not less than sixty-six per cent of the gross cropped area. ExplanationIf crops under a class of land do not cover the requisite percentage to be included as principal crops, the Settlement Officer shall work out Standard Rate for that class of land on the basis of yields and prices of such crops as ascertained from local enquiries and other attendant circumstances.
Rule25 Enquiry by the Settlement Officer
In making a settlement in respect of agricultural lands in a zone the Settlement Officer shall undertake this work in two stages, namely, (a) preliminary work and (b) intensive enquiry.
Rule26 Preliminary Work
(1) The Settlement Officer shall initiate settlement operations in a zone by undertaking cursory tours (for the purposes of study of the tract) by holding meetings and discussions, by collecting statistics regarding rainfall, soils, crops and cultivation, yield and prices of principal crops.
(2) The Settlement Officer shall thereafter submit to the Commissioner for Survey, Settlement and Land Records a preliminary report containing his proposals in respect of formation of groups, selection of principal crops and selection of representative villages.
(3) On receipt of such preliminary report, the Commissioner for Survey, Settlement and Land Records shall approve the proposals with such modifications as he deems fit.
Rule27 Intensive Enquiry
(1) On receipt of approval of the Commissioner to the preliminary report, the Settlement Officer shall hold intensive enquiry and collect information relating to the zone in respect of the following matters and in the manner specified below
(a) Physical Configuration The Settlement Officer shall base the information regarding physical configuration on (i) observations made by him personally, and (ii) information available in the previous settlement reports and District Gazetteers;
(b) Climate and rainfall The Settlement Officer shall base the information as regards climate by making personal enquiries and from particulars obtained from the Department of Public Health, he shall collect statistics of rainfall for the years subsequent to the introduction of the last settlement from the Department of Statistics or from the Tahsildar of the Taluk concerned or obtain such particulars from the Government Publications or from other Government records. He shall likewise collect information regarding seasonal conditions for ten years immediately preceding the enquiry if in his opinion, it is sufficient to exhibit the normal seasonal condition of the zone.
(c) Yield of Principal Crops For ascertaining the average yield of principal crops, the Settlement Officer shall employ the following two methods
(i) by collecting information regarding the results of the crop cutting experiments recorded by the Department of Agriculture, the Department of Statistics, and the Revenue Department;
(ii) by getting crop-cutting experiments conducted in the harvesting season of the year of enquiry on each principal crop in each representative village in accordance with the instructions issued by the Commissioner for Survey, Settlement and Land Records.
Explanation If all the fields have been harvested before the commencement of Settlement Operations, the Settlement Officer shall base his results on local enquiry and other available statistics. For the purposes of finding out the average yield, the first crop harvested shall be taken into account where two or more crops are grown in the same field.
(d) Prices of Principal Crops The Settlement Officer shall obtain from the Tahsildar of the Taluk or from the Department of Agriculture or collect from the Administration Reports concerned, information about prices of the various principal crops as prevailing during such period as the Commissioner for Survey, Settlement and Land Records may specify.
(2) In addition to the matters referred to in sub-rule (1), the Settlement Officer may also collect information in respect of the following matters in the manner indicated below
(a) Marketing Facilities The Settlement Officer shall collect information about marketing facilities on personal enquiries made by him;
(b) Communications The Settlement Officer shall collect information about communications on personal observation and with reference to the particulars obtained from the Public Works Department;
(c) Standard of Husbandry The Settlement Officer shall collect information regarding standard of husbandry on personal observation made by him;
(d) Population and Supply of Labour The Settlement Officer shall obtain figures of population according to occupation from the Department of Statistics or otherwise. He shall ascertain by personal enquiry the availability of labour in each representative village;
(e) Agricultural Resources The Settlement Officer shall obtain information regarding figures of livestock, agricultural implements and other agricultural resources from the Tahsildar or from the Department of Agriculture or the Department of Animal Husbandry, as the case may be;
(f) Variation in the area of occupied and cultivated lands during the previous thirty years The Settlement Officer shall obtain from the Tahsildar information about details of cultivation and crops as also about variations in the area of occupied and cultivated lands during the last Thirty years;
(g) Wages The Settlement Officer shall obtain from the Tahsildar information about wages obtaining in that area and verify these. figures from personal enquiries;
(h) Ordinary expenses of cultivating Principal Crops The Settlement Officer shall collect information regarding ordinary expenses of cultivation by examining the accounts of a few agriculturists if available, or from personal enquiries;
(i) Sales of lands used for purpose of Agriculture The Settlement Officer shall examine the particulars relating to the sales of lands during the five years preceding the enquiry in representative villages selected by him. The Settlement Officer shall for this purpose exclude all sales which are in his opinion not genuine.
Rule28.
11. Substituted for the word "Acreage" by GSR 99, dated 21-3-1977, w.e.f. 31-3-1977 [Area] under the Principal Crops For the purpose of ascertaining the average yield of crops of lands, the Settlement Officer shall obtain from the Village Accountant information regarding the area under each of the principal crops in each representative village. This information shall be complied Survey Number-wise indicating with reference to its classification value whether it is "good land", "medium land", or "inferior land".
Rule29 Fixation of Assessment of Sub-Divisions
The assessment of each sub-division under clause (2) of Section 109 shall be proportionate to the assessment of the Survey Number calculated according to the relative classification value of the several parts of such Survey Number. When the calculation results in the sum total of the new assessment of all sub-division of a Survey Number being greater or less than the whole assessment of the number, the difference shall be equitably distributed over the sub-divisions by deduction from or addition into the largest shares so as to make the total equal to the assessment on the Survey Number. In computing the assessment of a sub-division every fraction of a paise shall be considered as one paise.
Rule30 Records in which area and assessment of Sub-Division shall be entered
The area and assessment of sub-divisions shall be entered in the following Land Records,
(i) The Sub-Division Survey Tippan Book or Plane Table Sheet;
(ii) Sub-Division Survey Pakka Book or Gunakar Book;
(iii) Prathi-phod Book;
(iv) Sub-Division Survey Distribution of assessment statement;
(v) Sub-Division Survey Bifurcation of soil and water assessment;
(vi) Sub-Division Survey Details indicating area, assessment and the names of holders, etc., for the use of the village;
(vii) Atlas indicating sub-divisions in Survey Numbers.
Rule31 Publication of Settlement Report
(1) The Deputy Commissioners of the districts concerned on receipt of the Settlement Report submitted under clause (5) of Section 118 shall cause it to be published by placing copies thereof at their Offices. The Deputy Commissioner shall notify in the Official Gazette of the fact of the Settlement Report having been so published. He may also get copies of such notices pasted at the offices in the districts concerned.
(2) The Deputy Commissioner shall cause the notice under sub-section (2) of Section 119 to be published in Form 4 in the village by affixing on the Notice Board of the Chavadi.
Rule32 Introduction of Settlement
For the purpose of Section 122, the State Government shall, after it has passed orders under sub-section (1) of Section 121, cause a notice in Form 5 to be published in the Official Gazette specifying the standard rates for each of the several groups in each zone and after the publication of such notice the State Government shall, by notification issued under Section 122 specifying the date from which the land revenue shall be levied.
Rule33 Notice by Deputy Commissioner
(1) After the publication of the notice under Rule 32 and after the issue of a notification under Section 122 specifying the date from which the land revenue shall be levied the Deputy Commissioner shall cause notice in Form 5-A to be published in the Chavadi of each village indicating the standard rate as applicable to such village and the date from which the Land Revenue shall be levied at such rates.
(2) The Deputy Commissioner shall also cause a notice in Form 5 to be published in each taluk indicating the standard rates as applicable to the different villages in that taluk and the date from which the Land Revenue shall be levied at such rates.
Rule34 Calculation of assessment of individual Survey Numbers and Sub-Divisions
When Standard Rates of assessment have been sanctioned by the State Government assessment to be imposed on each Survey Number or sub-division shall be determined, according to the relative classification value of the land comprised therein in accordance with the Tables of calculation prepared by the Commissioner for Survey, Settlement and Land Records.
Rule35 The Settlement Register
The Settlement Register shall in addition to the area and assessment of each Survey Number show the uncultivable area and the name of the occupant.
Rule36 Maintenance of Records
11. Rule 36 substituted by GSR 65, dated 8-2-1977 and shall be and shall be deemed to have been substituted w.e.f. 26-2-1966. For all lands which have in the past been surveyed or assessed or which shall be hereafter surveyed or settled under the provisions of the Act and these rules, subject the general control of the Director of Survey, Settlement and Land Records, it shall be the duty of the Superintendent of Land Records
(i) to cause to correct any arithmetical or clerical error whenever discovered;
(ii) to cause to incorporate punctually in the Land Records all changes in boundaries are as, tenures and assessments either of Survey Number or other Sub-Divisions which are made under orders of Competent Authority as defined in the Act and these rules or any other Act except in respect of sub-divisions arising out of mutation cases, and of the Assistant Superintendent of Land Records to cause incorporate similarly all changes in the Land Records in respect of sub-divisions effected through mutations:
Provided that when the assessment of any Survey Number has been fixed by a declaration under Section 122, such assessment shall not be raised upon the discovery of any mistake in classification until the term of such declaration expires.]
CHAPTER 7 Revision Settlement
Rule37 Procedure Regarding Revision Settlement
Rules 23 to 36 of these rules shall mutatis mutandis apply to revision settlement under the Act.
CHAPTER 8 Introduction of Record of Rights Stages of Record of Rights work and the authority which should attend to the various stages
Rule38 Stages of Record of Rights
(1) The Record of Rights work in any area shall ordinarily be divided into the following four stages, namely
(a) First Stage The preparation of the Preliminary Records including
(i) check and verification;
(ii) decision of disputes; and
(iii) enquiry into and disposal of appeals.
(b) Second Stage The measurement, mapping and apportionment of assessment of sub-divisions;
(c) Third Stage The preparation of the final Record of Rights; and
(d) Fourth Stage The subsequent maintenance of the Record of Rights including
(i) recording of mutations;
(ii) check and certification of entries in the Mutation Register;
(iii) decision of disputes;
(iv) enquiry into and disposal of appeals;
(v) measurement of new hissas and incorporation of the results of survey in the Record of Rights.
11. Sub-rule (2) substituted by GSR 429, dated 19-9-1967. (2) The First and the fourth stages of Record of Rights work shall be attended to by the Revenue Department and the second and the third stages of the said work shall be attended to by the Department of Land Records.
Rule39 Preparation of the Preliminary Record
Before the enquiry for the preparation of preliminary Record of Rights in any area is made, publicity thereof shall be given in the following manner, namely
(a) by publication in the Official Gazette in Form 6;
(b) by affixing copies of the notification in the chavadi of the village and on the notice board of the Taluk Office concerned.
Rule40 Preparation of the Preliminary Record by Village Accountant
(1) The Village Accountant shall prepare a preliminary record in Form 16 for each village in his charge basing the same on his own knowledge and on such information as may be available from village accounts as well as upon information furnished by persons in possession of land or holders of rights over land as to the nature and extent of the interest which they have in such land.
(2) The Village Accountant shall maintain the preliminary Record of Rights 11. Inserted by GSR 150, dated 7-5-1977, w.e.f. 19-5-1977. [until receipt of the Record of Rights registers referred to in Rule 61] and he shall be personally responsible for its« custody and production whenever called upon the Officers of the Revenue and Survey, Settlement and Land Records Departments.
(3) After completion of the preparation of the Preliminary Records, the Village Accountant shall forward a report of the fact of completion of such record to the Revenue Inspector or other Officer appointed for the purpose; such Revenue Inspector or other Officer shall intimate to the Village Accountant the date of his visit to such village more than a fortnight in advance of the day so fixed. The Village Accountant shall thereupon publish in the chavadi, the preliminary record, and a notice indicating the date on which the Revenue Inspector or other Officer would be visiting the village and inviting the landholders and others concerned to inspect the entries in the preliminary record and to attend the enquiry to be conducted at the village on the dates specified in the notice.
Rule41 Checking
(1) The Revenue Inspector or other Officer appointed for the purpose shall, on the day so specified or on any subsequent date of which due intimation has been given to the villagers by publishing a notice in the chavadi, meet the villagers assembled in the chavadi, read out all the entries in the Preliminary Records prepared by the Village Accountant and invite objections if any, within a period of fifteen days from the date. He shall also fix in their presence the date of his next visit to the village for enquiry. He shall record a certificate at the foot of the Preliminary Records that all the entries have been duly read over to the assembled villagers and that the date of his next visit has been fixed. After receipt of objections, if any, or otherwise, he shall, on the date so fixed in the presence of the villagers check every entry in the preliminary record and certify to its accuracy. If any person who had objected to the correctness of an entry admits at the enquiry, such entry to be correct, the Revenue Inspector, or other Officer shall note the admission in the remarks column of the record. The Revenue Inspector, or other Officer shall not erase but shall correct any errors admitted by all parties by bracketing the errors and inserting the correct entries by interlineation or by side note or by an entirely fresh entry and shall in any such case authenticate the insertion or entry by his signature. If the error is not admitted, the Revenue Inspector or other Officer shall enter the dispute in the Register of Disputed Cases. He shall also record a certificate at the foot of the preliminary record that the corrected entries have been duly read over to the assembled villagers and shall get it signed by the leading persons assembled there. He shall personally verify and check not less than twenty per cent of the entries.
(2) After the entries are verified and checked by the Revenue Inspector or other Officer under sub-rule (1), the Tahsildar or other Officer authorised for the purpose shall visit every village and test the correctness of not less than fifty per cent of the entries therein by personal investigation and affix his initials near the entries so verified. He shall also satisfy himself by personal enquiry that the entries have been read out to the villagers by the Revenue Inspector. He shall also personally verify and check on the field not less than ten per cent of the entries.
Rule42 Disputed Cases
Cases of disputed entries coming to the notice at any stage shall be entered in the Register of Disputed Cases maintained in Form 7 and the fact of having done so noted in the preliminary record (Form 16) against the entry concerned.
Rule43 Settlement of disputes
(1) Every case entered in the Register of Disputed Cases shall be enquired into and decided by the 1[Sheristedar] or by any Officer of the Revenue Department equal or superior in rank to him on an appointed day of which due notice shall be given to the parties concerned. Whenever a field inspection is considered necessary, such Officer shall make such inspection, after giving due notice to the parties concerned of such inspection. Such inspection shall be conducted in the presence of two members of the Village Panchayat, if they are available, and of the parties concerned, if they are present. He shall indicate the exact wording of the entry that has to be made in the preliminary record and in the Record of Rights. The Proceedings of the enquiry shall be oral and held in public and there shall be no recording of statements and depositions. The only record shall be the decision of the Officer holding the enquiry, in the Register itself, which shall contain a brief summary of the facts elicited during the enquiry and the grounds for the decision.
(2) Such Officer shall at once communicate his decision verbally to the parties if they are present make a note to that effect, in the Register of Disputed Cases and obtain the signatures of such parties in such register. If the parties are not present, a written intimation of the decision shall be sent by post to the last known address of the party and the date of such intimation shall be noted in the Register of Disputed Cases.
22. Sub-rule (3) substituted by Notification No. RD 262 TRM 96, dated 11-8-2000, w.e.f. ] 17-8-2000. [(3) An appeal shall lie against the decision of such Officer to the Assistant Commissioner incharge of the sub-division whose decision shall be final.]
Rule44 Intimation slips to be sent to Village Accountants
The Tahsildar in charge of the Record of Rights Work or other Officer appointed for the purpose shall intimate the fact of completion of the preliminary record to the Registrar of the district and the Sub- Registrar of the taluk with a request to send the intimation slips villagewise in Form 10 of all acquisition of rights in lands situated in the taluk, which are registered in their offices to the Tahsildar. The Tahsildar shall keep a record of all such intimation slips [shall subject to the general or special orders of the State Government to the contrary] and send them to the Village Accountant.
Rule45 Conduct of Survey work after completion of the Preliminary Record
After the preparation and checking of the preliminary record is completed
(a) the work of measuring and mapping of Survey Numbers and sub-divisions of Survey Numbers and determination of assessment in the case of villages in which Survey and Settlement have not been introduced; and
(b) the work of measuring and mapping of sub-divisions and apportionment of assessment therein in cases, other than those referred to in Clause (a), shall be carried out in accordance with the provisions of Rules 49 to 57.
Rule46 Mutations subsequent to the preparations of the Preliminary Record
(1) Any acquisition of rights in lands that occur between the period when the preliminary record is completed and the final Record of Rights is prepared and notified under sub-section (3) of Section 127, shall be entered in the Mutation Register (Form 11).
(2) In respect of acquisition of rights in lands after the commencement of the hissa survey, corrections shall be recorded in the Mutation Register in Form 12 and shall be entered in the Final Record of Rights in due course.
(3) The procedure laid down in Rules 54 to 70 shall mutatis mutandis be followed with regard to recording of entries relating to acquisition of rights referred to in sub-rules (1) and (2).
Rule46A Qualifications, experience and age for obtaining licence as a licensed Surveyor
11. Rules 46-A to 46-K inserted by Notification No. RD 208 BHUDASA 97(P), dated 6-7-1999, w.e.f. 6-7-1999.
(1) The qualification and experience for the purpose of issue of a licence under Section 18-A, shall be as follows
(i) "Successful completion of job oriented course in land and city survey conducted by the Directorate of Vocational Education in Karnataka; or
(ii) Diploma in Civil Engineering granted by the Board of Technical Education in Karnataka or Equivalent Qualification; 22. Inserted by Notification No. RD 208 BHUDASA 97(P), dated 10-10-2000, w.e.f. 16-10-2000. [or]
33. Clause (3) inserted by Notification No. RD 208 BHUDASA 97(P), dated 10-10-2000, w.e.f. 16-10-2000. [(iii) A Bachelor's Degree in Civil Engineering from an University established by the Law in India:]
Provided that persons who have worked in the Survey Settlement Department of Survey of India or Public Sector undertakings or Private Organisation and who have served for not less than ten years involving Land Survey work and who are not in Service on account of resignation or voluntary retirement on superannuation shall be also be eligible for obtaining license as a Licensed Surveyor.
(2) All persons who have completed 18 years of age but not completed 65 years of age on the date of application for license and who are physically fit to discharge the duties assigned to them are eligible to apply for license as a Licensed Surveyor.
Rule46B Training
All the persons who apply for license have no compulsorily undergo a training of three months and pass such examination conducted by the Survey Settlement Training Institute of Mysore by the Government once in a year, as may be notified.
Rule46C Licence
Licence shall be issued by the Director of Survey Settlement and Land Records, Bangalore to the successful candidates in the examination conducted by Survey Settlement Training Institute at Mysore on payment of a fee of Rs. 1,000/- for a period of one year subject to renewal every year. The renewal fee shall be Rs. 100/-.
Rule46D Register of Licensed Surveyors
A register of Licensed Surveyors, Division wise, District-wise and shall be maintained in the office of the Director of Survey Settlement and Land Records, in Form 11-A.
Rule46E Fee payable to the Licensed Surveyors
The licensed Surveyors shall be paid a fee of Rs. 300/- for preparing the sketch in accordance with Sections 129 and 131".
Rule46F.
Jurisdiction Jurisdiction of the Licensed Surveyor shall be specified in the license.
Rule46G Additional particulars to be contained in the sketch
Every sketch annexed to the report under the third proviso to Section 128 shall also contain the following particulars, namely
(1) Information regarding Village/Taluk/District.
(2) Area Details.
(3) Kharab details, blockwise.
(4) Signature of vendor or prospective buyer/person acquiring rights.
(5) Signature of the Licensed Surveyor with seal.
Rule46H Work Specification
(1) Licensed Surveyor shall receive applications from the persons acquiring right in the prescribed Form 11-B and collect the measurement fee of Rupees 300/-.
(2) Before taking up measurement, Licensed Surveyor shall obtain certified copies of necessary survey records from the respective survey offices by remitting a fee as noted under
(1)
Tippan/Hissa Tippan (Each Number)
Rs. 25/-
(2)
Akarband (Each one line entry)
Rs. 7.50/-
(3)
Kharab Utar Copy (Each survey number)
Rs. 10/-
Certified copies applied for by the Licensed Surveyor shall be issued on the same day or within a period of three days.
(3) The Licensed Surveyor shall receive applications for preparation of sketch only in respect of recognised survey or hissa numbers from the persons acquiring right. He shall not entertain applications in respect of Assessed Waste Lands and other Government Lands.
(4) Licensed Surveyor shall issue a notice well in advance in Form 11-C to the interested parties and to all the adjacent landholders before commencing measurements.
(5) Licensed Surveyor shall fix the boundaries of survey or hissa number, before sub-dividing survey or hissa number in the pursuance of all interested parties duly recording their statements and draw mahazars in Form 11-D.
(6) Such sub-divided parcel of land should be well marked on the ground, with boundary marks.
(7) If there is any dispute regarding the title or extent and of any other nature, the application shall be referred to the Survey Department for disposal as per rules.
(8) Measurement shall be carried out as provided under sub-rule (4) of Rule 50 of the Karnataka Land Revenue Rules, 1966.
(9) Licensed Surveyor has to prepare the following records. Hissa Survey Tippan or P.T. Sheet. Hissa Survey pakka or Gunakar Register. Sketch in Form 11-E (in duplicate). Statement in Form 11-D duly signed by all concerned.
(10) Licensed Surveyor has to submit the documents specified in sub-rule (9) along with the notice specified in sub-rule (4) within one month from the date of measurement to the Taluk Survey Office for scrutiny.
(11) Taluk Survey office shall issue an acknowledgement to Licensed Surveyor in Form 11-F with probable due date for issue of approved sketch within one week from the date of acknowledgement.
(12) As far as pending cases are concerned the Government may issue necessary guidelines through a notice.
(13) Verification fee of Rupees 35/- shall be collected from the Licensed Surveyor in the taluk survey offices.
Rule461 Scrutiny of records given by Licensed Surveyor in Taluk Survey Offices
(1) The measurements and area recorded in hissa survey tippans/pakka/plain table sheets shall be checked and verified by taluk survey officer with reference to the original survey records like tippan/hissa survey tippan and akarbandh along with Kharab details.
(2) The concerned taluk supervisor shall further verify and at least the correctness of the records prepared by the Licensed Surveyor.
(3) The sketch in Form 11-E shall be attested by the Officer concerned in the taluk survey office.
(4) The scrutiny specified in sub-rules (1) to (3) shall be completed and the attested Form 11-E shall be issued to Licensed Surveyor within seven days from the date of receipt in the office.
(5) The remaining documents like hissa survey tippan or hissa survey pakka or plain table sheets or gankar register and one attested sketch in Form 11-E shall be preserved separately, villagewise in the record room with KEY REGISTER in Form 11-G.
Rule46J Post registration work in Taluk Survey Office
(1) As soon as the receipt of certified mutation along with the copy of sketch in Form 11-E in the taluk survey offices, the same shall be verified with the records already prepared and preserved in the record room.
(2) If both the documents tally then the ADLR will approve the hissa survey tippan or P.T. Sheet or hissa survey pakka or gunakar register and prepare akarbandh, atlas (in triplicate), along with final form already in use in the Department. The approved hissa survey tippan or P.T. Sheet or hissa survey pakka or gunakar register shall be incorporated in the original records for preservation. Akarbandh, atlas in duplicate and final form shall be sent to taluk office for incorporation in the record of rights within two weeks from the date of receipt of documents from the Licensed Surveyor in the taluk survey office.
(3) The taluk surveyor in taluk survey offices has to incorporate these Within one week in the respective village records thereon.
Rule46K Cancellation of License
License issued under Rule 46-A shall be cancelled if the Licensed Surveyor contravenes any of the provisions of the Act or the rules, after giving the Licensed Surveyor an opportunity of being heard.]
Rule47 Measurement, Mapping of Sub-Divisions and Apportionment of Assessment
Immediately after the preparation of the Preliminary Records of the villages or of an appreciable number of villages in the taluk is completed, the Assistant Superintendent of Land Records in- charge of the District, shall depute a survey party to measure, map and apportion the assessment of the several sub-divisions.
Rule48 Publication of the starting of Survey Operations
When the hissa survey operations are about to be taken up, the Survey Officer-in-charge of the measurement party shall cause to be posted in the Taluk Office and in the chavadi a notice in Form 2 stating that measurement will be carried out and requiring all land-holders and others interested in the land situated in the village to be present when their sub-divisions are measured and to show to the surveyors the boundaries of their plots.
Rule49 Notice of work to be taken up, to be given daily
A notice in Form 3 of the work to be taken up next day and calling upon those interested in such sub-divisions to be presented at the time of the work shall be published and posted every day in the chavadi till the work in the village is completed. A copy of such notice may also be circulated among such of the persons as are known to be interested in such lands and as are readily available.
Rule50 Mode of Measurement and Mapping
(1) Subject to the provisions of sub-rules (2), (3), (4) and (5) hissas shall be measured and mapped as they are, found to exist on the field. The surveyor shall rectify mistakes and supply omissions of an obvious nature in the Preliminary Record that come to light during hissa survey in cases in which facts are admitted by all the parties.
(2) All cases of disputes or doubts of whatsoever nature shall be entered by him in the Register of Disputed Cases in Form 14 to be maintained by the survey party. New hissas or plots may be added to the preliminary record at the stage of measurement under the orders of the Tahsildar, a Survey Officer or other Officer authorised for the purpose, who shall, before incorporating these new hissas in the preliminary record or the final record, make the necessary investigation and test before certifying the entries.
(3) After the mutation is certified by a Competent Authority, if any of the holders applied to the Tahsildar that the boundaries of each hissa shall be laid down in accordance with the entries in the Record of Rights, the Tahsildar shall, after issuing notices to all the other interested parties and holding such enquiry as he considers necessary, direct the Surveyor to lay down the boundaries accordingly and the Surveyor shall do so if he has not already sub-divided the land by then.
(4) When there is no dispute, the boundary of each hissa shall be laid down according to the statements of all the holders interested in the land recorded before the Surveyor.
(5) When there is any dispute, the boundary to which the dispute relates shall be measured and mapped in accordance with the claims of all the disputants, and the dispute entered in the Register of Disputed Cases. After the dispute has been settled under Rule 52 the map shall be corrected accordingly and the areas finally entered in the Land Records.
Rule51 Enquiry into dispute
The Supervisor-in-charge of a group of Surveyors shall enquire into all the disputed cases and record his opinion in the column provided therefore in the Register of Disputed Cases. If any dispute not entered by the Surveyor in the Register of Disputed Cases is brought to the notice of the Supervisor, he shall include it in the Register of Disputed Cases.
Rule52 Register of Disputes
Previous notice of seven days shall be given by the Officer-in-charge of each survey arty, of his visit to the village in which the hissa survey operations have been completed or in progress for purposes of holding the full enquiry for deciding the disputes. He shall invite all parties interested in such disputes to represent their case before him. He shall enquire into all the cases entered in the Register of Disputed Cases and shall record his decision in such register. If any other dispute is brought to his notice, he shall make necessary entries in the Register of Disputed Cases, enquire into such dispute and record his decision in the register.
Rule53 Proceedings shall be oral and held in public
All proceedings relating to enquiries under Rules 51 and 52 shall be oral and held in public and there shall be no recording of statements or depositions. The only record shall be that of the Officer-in-charge of the party in the register itself which shall contain a brief clear summary of the essential facts elicited at the enquiry and the grounds for the decisions.
Rule54 Communication of decision
The Officer shall at once communicate his decision verbally to the parties concerned, if they are present make a note to that effect in the Register of Disputed Cases and obtain the signatures of such parties in such Register. If the parties are not present, a written intimation of the decision shall be sent by post to the last known address of the party and the date of such intimation shall be entered in the register.
Rule55 Date and place of deciding disputes
Ordinarily the disputes of each village shall be decided in the village itself by the Officer-in-charge of the survey party and necessary entries shall be made in the register then an there. In exceptional circumstances, a later date may be fixed for the further hearing of disputes, provided that a notice of not less than seven days shall be given of the postponed date of the hearing to all the parties concerned.
Rule56 Appeals
Any person adversely affected by such decision of the Officer-in-charge of the survey party may within sixty days from the date of communication of the order to him appeal to the Superintendent of Land Records of the Division: Provided that the Superintendent of Land Records of the Division may admit an appeal preferred after the period of sixty days aforesaid if he is satisfied that the appellant had sufficient cause for not preferring the appeal within that period.
Rule57 Maintenance of Register of Appeals
Every Appellate Officer shall maintain a register in Form 15 with regard to appeals and applications made to him.
Rule58 Preparation of Final Record of Rights
After the measurement and mapping of hissas and apportionment of assessment are completed, the Final Record of Rights in Form 16 (Record of Rights) shall be prepared in duplicate under the immediate supervision of the Officer-in-charge of the survey party, incorporating all the mutations recorded up to a date specified by the Superintendent of Land Records of the Division.
Rule59 Rights of way and other easements
Any easements or rights agreed upon between parties shall be noted in the Record of Rights Register under the column "Other Rights".
Rule60 Transmission of Record of Rights Registers
The Office-in-charge of the survey party shall send the Record of Rights Registers in duplicate to the Deputy Commissioner.
Rule61 Publication of the Record of Rights
The Deputy Commissioner shall, on receipt of the Record of Rights Registers, notify under sub-section (3) of Section 127 the fact of completion of the Record of Rights in Form 17 in the Official Gazette and by getting copies thereof affixed in his office and in the Chavadi of the village concerned. The Deputy Commissioner shall thereafter forward the Record of Rights Register to the Tahsildar of the taluk concerned, who shall retain one copy in the Taluk Office and send the other to the Village Accountant concerned. 11. Inserted by GSR 150, dated 7-5-1977, w.e.f. 19-5-1977. [Immediately on receipt of such copy, the Village Accountant shall send the Preliminary Record of Rights relating thereto to the Tahsildar who shall transmit the same to the Assistant Superintendent of Land Records of the sub-division, for his custody.]
CHAPTER 9 Maintenance of Record of Rights
Rule62 Maintenance of Record of Rights
(1) On receipt of information regarding acquisition of rights in land, the Village Accountant shall enter the change.
(i) in Form 18 if it is on account of succession, survivorship or inheritance; and
(ii) in Forms 19 and 20 if it is by any other manner.
(2) When any such report is given about the acquisition of any such right, the Village Accountant shall take the signature of the party reporting the acquisition in the form and shall deliver the counterfoil thereof to the party.
Rule63 Registrar and Sub-Registrar to send intimation slips to the Village Accountant through the Tahsildar
(1) The Registrar or Sub-Registrar shall, on receipt of information under Rule 44 of the completion of the preliminary record, send to the Tahsildar, daily intimation slips in Form 10 of all transactions relating to lands registered in his office, compiled separately for each village. 33. Inserted by S.O. 481, dated 7-2-1981, w.e.f. 5-3-1981. [The Registrar or Sub-Registrar shall also send
(2) On receipt of intimation slip from the Registrar or Sub- Registrar in 11. Substituted for the word and figures "Form 10" by S.O. 481, dated 7-2-1981, w.e.f. 5-3-1981 [Form 10 and Form 10-A] and on receipt of the report in Forms 19 and 20, the Tahsildar shall cause the slips to be entered 22. Inserted by GSR 103, dated 9-2-1970, w.e.f. 9-4-1970. [in a 33. Substituted for the words and figures "Register in Form 10-A" by S.O. 481, dated 7-2-1981, w.e.f. 5-3-1981. [Register in Form 10-B]] villagewise giving separate serial numbers for each village and transmit them to the Village Accountants concerned and get their acknowledgments which shall be filed in his office.
Rule64 Publication of entries in Mutation Register
(1) 44. Substituted for the words "As soon as intimations" by GSR 170, dated 22/23-3-1972, w.e.f. 20-4-1972. [On receipt of intimation slips in 55. Substituted for the word and figures "Form 10" by S.O. 481, dated 7-2-1981, w.e.f. 5-3-1981. [Form 10 and Form 10-A] and as soon as intimations] or information in Forms 19 and 20 are received, the mutation shall be entered in chronological order of receipt, in the Register of Mutations in Form 12 to be maintained for the purpose for each village.
(2) After the entry is made in the Mutation Register, a complete copy of the entries in the Mutation Register shall be prepared and exhibited by the Village Accountant in the Chavadi for a period of thirty days.
Rule65 Issue of notices to the parties affected by mutations
Simultaneously, with the receipt of intimations or information and the making of entries in the Mutation Register, notices in duplicate in Form 21 shall be prepared and caused to be served by the Village Accountant on all the persons as required by sub-section (2) of Section 129. The original notice shall indicate the nature of service in each case and shall be filed with the records concerned.
Rule66 Checking of mutations
Objection, if any, to the entries made in the Mutation Register, may be preferred within thirty days from the date of publication of the entries under sub-rule (2) of Rule 64. If no objection is received within the aforesaid period of thirty days, the entries shall be checked and certified by the 6[Revenue Inspector or by any Officer of the Revenue Department superior in rank to him]. After the entries are certified, such entries shall be transferred to the Record of Rights Register.
Rule67 Disputes and disposal
Objections, if any, received within the period specified in Rule 66 shall be entered in the Register of Disputed Cases in Form 8 and the objections entered in the Register and such other objections as may be made during the enquiry shall be disposed of in the manner specified in Rule 43. The decision in such cases shall be entered in the Record of Rights Register as specified in Rule 70.
Rule68 Procedure for enquiry
The enquiry shall be oral and held in public.
Rule69 Appeal during the maintenance stage
In respect of an order passed under Rule 67
11. Clauses (i) and (ii) substituted by Notification No. RD 262 TRM 96, dated 11-8-2000, w.e.f. 17-8-2000. [(i) by the Revenue Inspector or an Officer equal or superior in rank to him, or by the Tahsildar an appeal shall lie to the Assistant Commissioner; and
(ii) by the Assistant Commissioner, an appeal shall lie to the Deputy Commissioner.]]
Rule70 Transfer of entries from Mutation Register to Record of Rights
(1) Entries in the Record of Rights Register in Form 16 maintained with the Village Accountant shall be corrected in accordance with the order passed in the Mutation Register or the Register of Disputed Cases. The Village Accountant shall within seven days from the date on which corrections are made send extracts thereof to the Tahsildar who shall incorporate such corrections in the copy of the Record of Rights Register maintained in the Taluk Office.
(2) (a) In cases involving measurement, if any difference or discrepancy regarding the relevant entries in the Mutation Register and in the Record of Rights Register is noticed during the measurement, the same may be treated as a fresh mutation and disposed of as provided in these rules.
(b) Every correction in, or addition to, the Record of Rights, shall be made after such corrections or additions are made in the Register of Mutations of in the Register of Disputed Cases.
Rule71 Record of Rights to be re-written
(1) Whenever the Assistant Commissioner-in-charge of the revenue sub-division concerned directs that in view of the large number of corrections, or for want of space in the Record of Rights Register, the Record of Rights Register should be re-written, such Register shall be re-written incorporating all the hissas and rights in force up to the date specified by the Assistant Commissioner in such direction.
(2) When the re-written copy of the Record of Rights Register is reported to be complete, the said Assistant Commissioner shall cause it to be compared and shall check not less than five per cent of the entries and certify therein the specific entries checked by him.
(3) Whenever the Record of Rights Register is so re-written a copy of the Register as so re-written shall be maintained in the Taluk Office.
Rule71A Application of Rules 62, 63, 64, 65, 70 and 71 in certain cases
11. Rule 71-A inserted by GSR 257, dated 28-8-1980, w.e.f. 4-9-1980. Rules 62, 63, 64, 65, 70 and 71 shall have effect in relation to the 22. Substituted for the words "Mysore Division and the Bangalore Division" by Notification No. RD 262 TRM 96, dated 17-2-1999. [any place notified by the Government from time to time] as if
(1) In Rule 62
(a) in sub-rule (1), for the words "Village Accountant" the words "Tahsildar" and for the words and figures "Forms 19 and 20" the words, figures and letters "Forms 19-A and 20- A" have been substituted; and
(b) in sub-rule (2), for the words "Village Accountant shall take" the words "Tahsildar shall cause to be taken" had been substituted;
(2) In Rule 63, in sub-rule (2), for the words and figures "Fottns 19 and 20", the words, figures and letter "Forms 19-A and 20-A" have been substituted and the words "and transmit them to the Village Accountants concerned and get their acknowledgments which shall be filled in his office" had been omitted.
(3) In Rule 64
(a) in sub-rule (1), at the end, the words "by the Tahsildar" had been inserted; and
(b) in sub-rule (2), for the words "and exhibited by the Village Accountant in the Chavadi for a period of thirty days", the words "and the Tahsildar shall forward it to the concerned Village Accountant, who shall exhibit it in the village chavadi for a period of thirty days" had been substituted.
(4) In Rule 65, for the word and figures "Form 21" the words, figures and letter "Form 21-A" and for the words "Village Accountant" the word "Tahsildar" had been substituted;
(5) In Rule 70, for sub-rule (1), the following sub-rule had been substituted, namely "(1) Entries in the Record of Rights register in Form 16 maintained by the Tahsildar shall be corrected in accordance with the order passed in the Mutation Register or the register of disputed cases, within seven days. Once in every fortnight, the Village Accountant shall verify all such changes and incorporate them in his copy of the Record of Rights register;"
(6) In Rule 71, for sub-rule (3), the following sub-rule had been substituted, namely
CHAPTER 10 Maintenance Survey in Pursuance of Record of Rights
Rule72.
After mutation entries are certified under Rule 66 and after disposal of such disputes as might come up for decision under Rule 67, or after disposal of an appeal under Rule 69, the relevant records shall be sent by the Tahsildar to the Assistant Superintendent of Land Records, for 11. Substituted for the word "examining" by GSR 76, dated 24-1-1974, w.e.f. 7-3-1974. [effecting] measurements, mapping of sub-divisions, and apportioning of assessment in respect of sub-divisions resulting from mutation. Rules 47 to 57 both inclusive, shall apply mutatis mutandis to such cases.
CHAPTER 11 Boundaries and Boundary Marks
Rule73 Survey Officer to furnish the Deputy Commissioner a Map
On the introduction of a survey settlement, the Survey Officer shall furnish to the Deputy Commissioner a map and a statement showing the position and description of the boundary marks erected or specified by or under the orders of the Commissioner for Survey, Settlement and Land Records. It shall be the duty of the Deputy Commissioner of Land Records or the Deputy Commissioner for Settlement, as the case may be, to amend the map in accordance with any subsequent alteration of boundaries in a revision survey or in the sub-division of a Survey Number or on any other authorised occasion.
Rule74 Authorised Boundary Marks
The following shall be the authorised boundary marks, namely
(1) a boundary strip;
(2) sarband or hedges and other permanent continuous structures such as walls;
(3) conical earthern mounds, or cairns (Baruz) of loose stones;
(4) pillars of cut stone or brick or rubble stone masonary;
(5) prismatic or rectangular earthern mounds;
(6) roughly dressed long stones; and
(7) any other marks found suitable for special localities and sanctioned by the Deputy Commissioner of the District or Survey Officer.
Rule75 Description of Boundary Marks
The dimensions and form of boundary marks of Survey Numbers and the materials of which they shall be made shall be determined according to local conditions, climate, durability and cost of materials by the Deputy Commissioner of the District in consultation with the Deputy Commissioner for Land Records or Deputy Commissioner for Settlement, as the case may be.
Rule76 Manner of Repair of Boundary Marks
(1) The boundary marks specified in Column (1) of the following Table shall be considered to be out of repair and such marks shall be repaired in the manner specified in the corresponding entry in column (2) of the said Table.
(2) Whenever any boundary mark is missing, a new mark shall be erected.
Rule77 Substitute for Boundary Marks
In any case in which a boundary mark cannot, owing to flooding of a nala, or a river, the breaking away of the bank, or other causes, be kept in repair, or when a new mark cannot be erected in place of a missing mark, under Rule 76 another kind of authorised mark may be substituted. Where, such substitution is impracticable, the direction of the boundary shall be fixed by a pair of' discontinuous marks erected at an adequate distance from the abandoned position either both on the same side, or one on each opposite side thereof.
Rule78 Responsibility for Repair and Maintenance of Boundary Marks
(1) The responsibility of the several landholders for the repair and maintenance of boundary marks on a common boundary, lies on the holder of the Survey Number which is numerically lowest: Provided that when any Survey Number is unoccupied or assigned for public or Government purposes, the landholder on the other side of boundary shall be responsible for repair of the marks on its periphery.
(2) Within each Survey Number, the holder or holders of each sub-division of a Survey Number shall be responsible for the repairs and maintenance of the marks, if any, have been prescribed on the periphery of such sub-division to the same extent, as they would be responsible for the repair and maintenance of boundary marks of a Survey Number.
(3) A mark which is on the common boundary of two or more villages must be repaired by the holder of the land in the village in which the work of restoration of boundary marks was in progress at the time the marks are found to be out of repair.
Rule79 General programme for repair of boundary marks
11. Rule 79 substituted by GSR 397, dated 25-10-1969, w.e.f. 27-11-1969.
(1) After the introduction of survey settlement in a district a decennial programme of repairs to boundary marks shall be prepared by the Deputy Commissioner of the district, in consultation with the Superintendent of Land Records. The Deputy Commissioner shall send a copy of the programme to the Commissioner for Survey, Settlement and Land Records. The Deputy Commissioner shall select the villages for the programme by circles so that each Revenue Inspector will have three or four villages in his charges for this work every year. He shall also send a report on the completion of the execution of the programme to the Commissioner for Survey, Settlement and Land Records, every year.
(2) In respect of the villages selected for the programme, prepared under sub-rule (1) the Deputy Commissioner shall issue notice under sub-section (2) of Section 143 before the First November of each year specifying the names of the villages in which boundary marks are due for repairs and the authorised boundary marks, calling upon the land
(3) If the boundary marks are not so repaired by the First December, the Deputy Commissioner shall cause action to be taken under sub-section (3) of Section 143.]
Rule80 Report regarding destruction, injury, etc., of boundary or survey mark
(1) The Officer to whom the report under clause (b) of Section 155 has to be made shall be the Survey Officer concerned.
(2) When the Survey Officer becomes aware, on receipt of such report or otherwise that a survey or boundary mark has been destroyed, injured, removed or altered he shall cause it to be either repaired or replaced, as the case may be.
(3) The Survey Officer shall intimate to the local authority concerned, the cost of such repair or replacement and the local authority shall thereupon pay such cost to the State Government.
Rule81 Penalty for destruction, injury, etc., of survey marks
(1) No person shall destroy, injure, remove or alter a survey mark referred to in Section 144.
(2) Any person who contravenes the provision of sub-rule (1) shall on conviction, be punished with fine not exceeding rupees fifty.
CHAPTER 12 Preparation of Records, Registers, Accounts, Maps and Plans and their Maintenance in a Village, Town or City where Survey is introduced Under Section 148
Rule82 Survey of Building Sites within the Limits of a Village, Town or City
(1) The land included in the limits of any Village, Town or City and the boundary of which has been determined by the Deputy Commissioner or by the Survey Officer under Section 148 shall be surveyed by Theodolite by traverse system for the preparation of a frame work for the detailed survey work of the building sites and the following records shall be prepared, namely
(a) Traverse Index Map,
(b) Traverse Book including the lines.
(2) After the preparation of the records referred to in sub-rule (1), building sites shall be surveyed and mapped by Plane Table and the following records shall be prepared, namely
(a) The Original Detailed Map.
(b) Area Book indicating therein
(i) current number on the map;
(ii) description of the land or building sites as specified in the records of the municipality or the Trust Board or the Panchayat or of the Revenue Department and the said name of the holder as found in the records as ascertained otherwise.
11. Sub-rule (3) inserted by GSR 150, dated 28-3-1979, w.e.f. 17-5-1979. [(3) The records, registers and maps prepared under this rule shall be handed over to the Deputy Commissioner or to the Survey Officer.]
Rule83 Enquiry into Titles, Rights etc., of Building Sites
(1) Titles, rights, easements and any other rights in respect of all building sites and the lands, the area of which is determined under Section 152 which have been surveyed under 22. Substituted for the words, brackets and figures "sub-rules (1) and (2) of this rule" by GSR 150, dated 28-3-1979, w.e.f. 17-5-1979. [Rule 82], shall be enquired into by the Survey Officer or by any other Officer appointed by the State Government.
(2) The following records shall be prepared after such enquiry, namely
(a) enquiry registers showing the details, such as, the name of the holder area, of the-building site, assessment, etc.;
(b) register of encroachment cases;
(c) register of unauthorised conversion cases;
(d) register of building sites (i.e., property cards or registers in Form 13);
(e) certificate of building sites;
(f) register of certificate fees.
(3) The records and registers prepared under 33. Substituted for the words, brackets and figure "sub-rule (1)" by GSR 150, dated 28-3-1979, w.e.f. 17-5-1979. [sub-rule (2) of this rule], shall be handed over to the Deputy Commissioner or to the Survey Officer after the completion of the enquiry.
Rule84 Notices
(1) The notification under clause (a) of sub- section (1) of Section 153 and in Form 26 shall be published in the Official Gazette and a copy thereof shall be affixed in the office of (a) the Survey Officer,
(b) the Local Authority concerned and (c) the Tahsildar of the Taluk concerned.
(2) When survey is taken up in the site of any Village, Town or City, the local authority concerned shall give such assistance and shall make available such records as may be required from time to time by the Survey Officer or the Enquiry Officer.
(3) When such survey operation is undertaken, the Survey Officer may close any road for such period as may reasonably be necessary for carrying on the operations in such road.
(4) Before entering on any building site for the purpose of survey, the Survey Officer may cause a notice in writing to be served on the holder or occupier of the building site about to be surveyed and on the holder and occupier of coterminous building sites, calling upon them to attend either personally or by agent on such building site, before him or before such Officer as may be authorised by him in that behalf, within a specified time (which shall not be less than three days after the service of such notice) for the purpose of pointing out boundaries and of affording such information as may be needed, and intimating that in the event if their failing to attend, he or such Officer will proceed with the survey in their absence.
(5) The notice under sub-rule (4) may be served
(a) by delivering the same to such person, or when such person cannot be found, by affixing the same on a conspicuous part of the house in which such person usually resides or holds his office or carries on his business, or by delivering the same to an agent or servant of such person or to an adult, male member of his family; or
(b) by sending by registered post such notice addressed to such peson at the place where he usually resides.
Rule85 Survey Fee
11. Rule 85 substituted by GSR 102, dated 10-3-1977, w.e.f. 31-3-1977.
(1) The Survey Fee payable under clause (b) of sub-rule (1) of Section 153 shall be so fixed by the Deputy Commissioner in consultation with the Director of Survey, Settlement and Land Records, Bangalore, that the entire cost including supervision charges reasonably incurred for the City Survey Operations after excluding the cost in respect of such properties as are not liable to be assessed are suitably apportioned for recovery on the basis of the area of the building sites among the holders liable to pay such fees.
(2) The cost of City Survey shall include salary, allowances and expenditure on contingencies of the staff directly engaged on the work and supervision charges not exceeding twenty per cent thereof.
Rule86 The certificate to be granted under Section 154
The certificate to be granted under Section 154 shall be in Form 9.
Rule87 Maintenance of Maps and Plans
The City Surveyor shall personally inspect building sites and shall record in the maps, property cards, or registers, particulars of all alterations or reconstruction of buildings, encroachments, lease for building purposes by the Government or a local body, acquisition and sub-division of city Survey Numbers whether reported or found out during such inspection, and shall maintain a map Correction Register and an Encroachment Register for the purpose of recording such particulars in the map.
Rule88 Recording Mutations
On receipt of information of changes in the rights over building sites on account of succession, survivorship, inheritance or otherwise, of
(a) through intimation slips from the Sub-Registrar; or,
(b) by virtue of orders of superior Officers, or
(c) due to changes notices during inspection by the City Surveyor, the City Surveyor shall effect mutations in the property cards or property registers.
Rule89 Publication of Record of Mutation
After the mutation is effected in the property cards or registers, the alterations shall be published on the notice board of the office of the Surveyor in-charge of the survey in the village, town or city for a period of not less than thirty days and individual notices shall be issued simultaneously to the parties concerned, in accordance with the provisions of sub-section (2) of Section 129.
Rule90 Attestation of Mutation
If no objection is received within a period of thirty days from the date of service of notice under Rule 89, the mutation entry shall be certified by the Tahsildar or by the Survey Officer or by an Officer of the Revenue Department superior in rank than the Revenue Inspector appointed for the purpose. Objections, if any, received within thirty days shall be entered in the register of disputed cases and shall be disposed of according to the procedure prescribed in Rule 67. The result of the decision in such cases shall be entered in the property cards or registers.
Rule91 Rewriting of Record of Rights
(1) The property cards or registers shall be re-written incorporating all the mutations recorded up to the date to be specified, in view of the number of entries, as and when directed by the Deputy Commissioner of the District.
(2) When the rewritten copies of the property cards or registers are reported to be complete the Deputy Commissioner or the Assistant Commissioner shall cause not less than five per cent of the entries to be checked. Such Officer shall then sign new property cards or registers and subscribe below it a certificate that the entries therein have been duly tested and found correct.
(3) Wherever the Record of Rights Register is so re-written a copy of the Register as so re-written shall be maintained in the office of the Surveyor-in-charge of the survey of the village, town or city as the case may be.
Rule92 Issue of receipt for fees recovered
For every item of money recovered from the holders or claimants under any of the provisions of these rules, a receipt shall be given.
Rule93 Application of other rules to the Record of Rights of Village, Town or City
Rules 68 and 69 shall mutatis mutandis apply to the survey of lands and their boundaries within sites of villages or the limits of cities and towns.
Rule93A Disposal of occupancy of building sites
11. Rule 93-A inserted by GSR 81, dated 28-1-1967 and shall be and shall always be deemed to have come into force w.e.f. 10-3-1966.
(1) The occupancy of building sites shall ordinarily be sold by auction to the highest bidder whenever the Deputy Commissioner shall be of opinion that there is demand for such sites; but the Deputy Commissioner may dispose of the occupancy of such sites by private arrangements, either upon the payment of a price fixed by him or without charge as he shall deem fit subject to all or any of the following conditions in addition to such other conditions as may be imposed by the Deputy Commissioner, namely
(a) the site shall not be alienated for a period of fifteen years from the date on which the grantee takes possession of the site;
(b) the site granted may be alienated with the previous sanction of Government and subject to such conditions as the Government may specify if the Government is of the opinion that in the circumstances of any case, it is just and reasonable to permit such alienation either for purposes of acquiring some other site or for any other purpose;
(c) the grant of the site is liable to be terminated and the site resumed if the site is appropriated for a purpose, other than that for which it is granted;
(d) the utilisation of the grant shall be subject to any law relating to the local authority in the jurisdiction of which the site is situated;
(e) the failure to comply with any of the conditions prescribed as aforesaid, shall render the building site liable to resumption at the discretion of the Deputy Commissioner without payment of any compensation to the grantee.
(2) The value of sites shall be so fixed as to realise at least their full market value provided that the value, of individual sites may be above or below the average value regard being had to the extent, situation and other natural advantages or disadvantages of such sites.
(3) In cases where the Deputy Commissioner decides to dispose of the building sites by private arrangements, he shall
(a) advertise the proposal for disposal of such building sites; and
(b) call for applications giving a time limit of three months.
(4) In disposing of the applications due regard shall be shown to the adjoining holders where the building site cannot with advantage be disposed of as an independent site.
(5) In other cases, the sites shall be disposed of in the following order of priority, namely
(a) poor persons not having a site or a house in the village, town or city or elsewhere;
(b) poor persons with no houses of their own in the village, town or city concerned;
(c) Class IV employees of Government, State or Central;
(d) Class III employees, State or Central and ex-Servicemen;
(e) Class II employees of Government, State or Central;
(f) Class I employees of Government, State or Central:
Provided that a site shall be granted only if they do not own a site or a house within the village, town or city concerned and no site has been granted to them during last twenty years; and
(g) other persons in need of building sites.
(6) Notwithstanding anything contained in this rule, the Deputy Commissioner, may subject to special or general orders of Government, grant site on payment of value determined by him to any educational or charitable institution or to a public authority.]
CHAPTER 13 Revenue Jurisdiction
Rule94 Extinction of Rights of Public, etc.
Over any public road, street, lane, etc., not required for use of Public When the whole or any part of any public road, street, lane or path which is the property of the State Government is not required for the use of the public, a notification in Form 27 shall be published by the State Government in the Official Gazette.
Rule95 Notice of Enquiry
(1) After the expiry of the period specified in the notification issued under Rule 94 calling for objections to the proposals, the Deputy Commissioner shall issue a notice in Form 28 of the proposed enquiry and of the place and time and subject matter thereof. This notice shall be affixed at the Chavadi of the village in which the property is situated and in a conspicuous position upon the property with respect to which the enquiry will be held on a day not less than ten days before the enquiry is held.
(2) A copy of the notice shall also be served not less than ten days before the enquiry on all persons who are known or believed to have made any claim to the subject-matter of the enquiry, and every such notice shall be served in the manner provided in Section 30.
Rule96 Notification under Section 68(5) and decision of the Deputy Commissioner under Section 68(6)
(1) After considering the record of the proceedings and the report of the Deputy Commissioner made under sub-section (4) of Section 68, a notification in Form 29 shall be published in the Official Gazette, if the State Government is satisfied that the public road/street/lane-path or part thereof specified in the Notification issued under Rule 94 is not required for the use of the public.
(2) Written notice in Form 30 of the decision of the Deputy Commissioner, regarding the amount of compensation, specifying briefly the subject matter, contents and the date of the order passed, shall be served in the manner specified in Section 30 upon the persons to whom the compensation is payable.
Rule97 Providing free Pasturage
(1) Government land shall be set apart for free pasturage for the cattle four goats, sheep's of each village at the rate of twelve hectares for every hundred heads of cattle. ExplanationIn calculating the heads of cattle or calves or cow or buffalo shall be taken as equivalent to one head of cattle.
(2) If there is sufficient forest area in the village concerned or in the adjoining village to enable the village cattle to graze, the area to be set apart as free pasturage may be reduced correspondingly.
(3) If there is no grazing land available in a village, or the land available falls short of the extent prescribed under sub-rule (1) the deficit may be made up by setting apart Government land available in the adjacent village.
(4) The Deputy Commissioner shall determine the extent of land necessary to be set apart for free pasturage in any village. If in the opinion of the Deputy Commissioner the extent of pasturage should exceed the minimum prescribed in sub-rule (1) he may so set apart such larger extent as may be necessary. If on the contrary he considers that the area already so set apart is much larger than what is really required, he may reduce it to the prescribed minimum. Where, he considers that the extent of free pasturage may be reduced below the prescribed limit, he should do so only after obtaining the prior permission of the Divisional Commissioner.
11. Rule 102-A inserted by GSR 280, dated 6-9-1974. [Provided that no such permission shall be necessary where the reduction below the prescribed limit is for the purpose of
(i) distribution of house sites to the siteless person; and
(ii) grant of land to persons belonging to Scheduled Castes and Scheduled Tribes, for agricultural purposes, who are ordinarily residents of such village.]
(iii) regularisarion of unauthorised cultivation under Chapter XIII-A.]
Rule98 Sale of produce of Government Trees
The produce of trees belonging to Government shall be sold by auction annually by the Officers of the Forest Department authorised in this behalf.
Rule99 Disposal of grazing and other produce of all unoccupied Government Lands
The right to grazing or collect other produce of all unoccupied lands vesting in Government, whether such lands are surveyed, settled and assessed or not and of lands specially reserved for grass or for grazing (except lands assigned to villages for free pasturage), may be sold by public auction every year, either field by field or in tracts, and at such time as the Deputy Commissioner shall determine:
Provided that the purchaser's right over such land shall entirely cease on the 30th June, or on such earlier date as the land may be granted for cultivation on full assessment.
Rule100.
Disposal of grazing and other produce otherwise than by sale in public auction The Deputy Commissioner may, for sufficient cause and with the prior approval of the Divisional Commissioner, sanction the disposal of the grazing rights or the right to collect other produce of any land specified in Rule 99 otherwise than by sale in public auction.
Rule101 Disposal of grass grown on the rear slopes of bunds of tanks and irrigation canals
The authorities in-charge of the maintenance of tanks and irrigation canals shall sell by auction, grass grown on the rear slopes of bunds of such tanks and irrigation canals. Such grass shall be cut and removed and no cattle shall be allowed to graze on such slopes.
Rule102 Right to trees growing on the banks of a stream included in an occupied Survey Number
When a stream forms the boundary of an occupied Survey Number, the occupants shall ordinarily have the benefit of the trees upto mid-stream, subject to the provisions of Sections 81 and 82.
Rule102A Planting of Trees by private persons on Government Lands
11. Rule 102-A inserted by GSR 280, dated 6-9-1974.
(1) The Deputy Commissioner may subject to the following conditions, grant permission to any person to plant and grow trees on lands vesting in the State Government, in any village, namely
(i) the grantee and his successor-in-interest (hereinafter referred to as "Hakdar") shall be entitled only to the usufruct of such trees and not to any other right over the trees or lands on which they are planted;
(ii) fee of twenty paise per annum for every tree planted shall be paid as ground rent;
(iii) the Hakdar shall raise trees within two years from the date, the permission is granted;
(iv) the Hakdar shall not do any act which is destructive or permanently injurious to the land;
(v) the Hakdar shall not interfere with any existing or customary rights of the public or of owners of adjoining land over such land;
(vi) the permission will be liable to be cancelled for contravention of any of the above conditions and the Hakdar shall not be entitled to any amount for such cancellation;
(vii) the Hakdar shall not be entitled to any amount when such trees have to be removed for widening of roads or for other public purposes or when the land is disposed of under the Karnataka Land Grant Rules, 1969. If the trees are to be removed for any of the said purposes, the Hakdar may be allowed to remove the trees at his own cost".
(2) In cases where trees have already been raised by any person on the lands vesting in Government prior to the coming into force of these rules, the persons concerned may apply to the Deputy Commissioner for grant of permission to collect the usufruct of such trees. If the Deputy Commissioner is satisfied that such person has raised the trees and is of the opinion that the grant of permission is not objectionable he may grant permission to such person to collect the usufruct of such trees subject to the conditions mentioned in sub-rule (1):
Provided that the ground rent in respect of such trees shall be paid from the date of their planting.
(3) A register called in respect of such trees for each village shall be maintained wherein a record shall be made of the trees already
(4) The Register shall be checked by the Tahsildar at least once in a year.]
Rule102B Limits of Green belt
11. Rule 106-A inserted by GSR 4, dated 7-1-1984. The State Government may in respect of the cities, city municipalities, town municipalities or notified areas specified in Column (2) of the Table below, declare any area lying within the limits thereof or within the distance from such limits specified in the corresponding entries in Column (3) of the said Table as Green belt under sub-section (3-A) of Section 95 of the Act.
Rule103 Assessment of Non-agricultural land on diversion for agricultural purpose
(1) When land which has been assessed with reference to any purpose other than agriculture is used for the purpose of agriculture only, the Deputy Commissioner may, on the application of the holder, remove the non-agricultural assessment on such land and impose if the Settlement period has not expired, either the old agricultural assessment, if any, and in other cases impose the agricultural assessment as may be determined in accordance with agricultural lands.
(2) The agricultural assessment imposed under sub-rule (1) shall be subject to the same conditions as to periodical revision and other rules and provisions of Law as if it had been imposed at the ordinary revenue settlement of the village in which the land is situated: Provided that if the holder has paid any lump sum as commuted assessment for any period, he shall not be entitled to any refund or to any change in the conditions of his lease or agreement until the period for which the assessment has been commuted expires.   Â
Rule104 Commutation of Annual Non-Agricultural Assessment
(1) The holder of a land which has been vised for any purpose other than agriculture and in respect of which non-agricultural assessment payable annually was leviable or had been levied by or under any enactment or law in force, before the commencement of the Act, may make an application to the Deputy Commissioner for Communication of such non- agricultural assessment.
(2) The application under sub-rule (1) shall be accompanied by a certified copy of the Record of Rights or of the property card or register, as the case may be, relating to such land and a treasury challan showing that an amount equal to five times the amount of such annual non-agricultural assessment has been paid to the State Government by the holder of the land.
(3) The Deputy Commissioner shall, after making such inquiry as he deems fit and after satisfying himself that the holder has made such payment make an order of commutation of the assessment.
(4)
(a)The Deputy Commissioner shall cause copies of the order passed by him under sub-clause (3) to be sent to the Assistant Superintendent of Land Records of the District and to the Tahsildar of the Taluk for the purpose of making necessary entries in the Record of Rights, property card or registers as the case may be.
(b) The Deputy Commissioner shall issue a certificate to the holder in Form 44 in respect of commutation of annual non-agricultural assessment.
Rule105 Assessment of land revenue of lands not already assessed under Chapter X of the Act
Where assessment has not been fixed under on any land not wholly exempt from land revenue under Chapter X of the Act, the Deputy Commissioner of the District in which the land is situate shall fix the same for a period not exceeding five years taking into account the land revenue assessment prevailing for similar and contiguous lands in the local area concerned.
Rule106 Register of alienated lands and grant of certified extracts
(1) The register of alienated lands under Section 85 shall be in Form 31.
(2) Certified extract from the Register of alienated lands may be granted under Section 85 on payment of a fee of Rs. 5/-.
Rule106A Notice for diversion of dry (Punja) Land
11. Rule 106-A inserted by GSR 4, dated 7-1-1984. The prior notice for diversion of dry (Punja) Land under the proviso to sub-section (2) of Section 95 of the Act shall be in Form 21-A. The occupant shall enclose to the said notice a challan for having credited the fine computed in accordance with Rule 107 to the concerned Treasury.]
Rule107 Levy of fine for conversion of agricultural land for nonagricultural use
22. Rule 107 substituted by GSR 347, dated 11/19-10-1972, w.e.f. 26-10-1972. The amount of fine which may be levied under sub-section (7) of Section 95 shall be at the rates specified in the table below, namely
Rule107A Amount for compounding diversion of agricultural lands
11. Proviso inserted by Notification No. RD 89 LGP 94, dated 22-5-1995, w.e.f. 24-5-1995. The compounding amount which may be levied under sub-section (4) of Section 96 shall be at the rates specified in the table below, namely
11. Proviso inserted by Notification No. RD 89 LGP 94, dated 22-5-1995, w.e.f. 24-5-1995. Provided that in respect of diversion made by a Government Department, Municipal Council, City Corporation, Town Municipality, Village Panchayat, Taluk Panchayats, Zilla Panchayats, charitable or education institution for charitable or public purposes from which the Government Department, Municipal Council, City Corporation, Town Municipality, Village Panchayat, Taluk Panchayats, Zilla Panchayats, charitable or educational institution concerned does not derive any profit and the land is used for the purposes such as construction of school buildings, playgrounds, roads, hospitals, dispensaries or rest houses, the compounding fee payable shall be twenty five percent.]
Rule107B Terms and conditions of permission in special cases
22. Rule 107-B inserted by GSR 266, dated 19-9-1986, w.e.f. 30-9-1986. The permission granted in special cases under Section 98 shall be subject to the terms and conditions specified below
(i) The period for which the permission is granted shall not exceed the period specified in the licence, or one year, whichever is less. The said period shall not be extended;
(ii) The land shall be utilised for the purpose for which the permission is granted and shall not be used for any other purpose;
(iii) The land shall not be alienated during the period for which permission is granted;
(iv) The land shall not be used in any manner other than one specified in the licence;
(v) Any other terms and conditions which may be specified in addition to the above;
(vi) In case of contravention of any of the aforesaid conditions or of the conditions subject to which the permission is granted or of the condition of the licence if any or of the condition specified in the agreement referred to in Section 98, the permission shall stand cancelled.]
Rule108 Pine not to be levied in certain cases
11. Sub-rule (1) substituted by GSR 108, dated 16-4-1968, w.e.f. 18-4-1968. [(1) Notwithstanding anything contained in the foregoing rules, no fine shall be imposed for the appropriation of agricultural lands made over to or acquired under the Land Acquisition Act at the instance of a Government Department, Municipal Council, Local Board, Village Panchayat, Charitable or Educational Institution for charitable or public purposes from which the Government Department, Municipal Council, Local Board, Village Panchayat, Charitable or Educational Institution concerned does not derive any profit and the land is used for the purposes such as construction of a School Building laying out of play-ground, roads, hospitals, dispensaries or rest houses.]
22. Sub-rules (2) and (3) substituted for sub-rule (2) by GSR 104, dated 17-3-1970 and shall be deemed to have come into force w.e.f. 30-6-1969. [(2) The exemption under sub-rule (1) shall also apply in eases of lands
(i) made over to or acquired
(a) for village extension and for the improvement of village sanitation at the instance of the village panchayat;
(b) for construction of houses by the Karnataka Housing Board; 33. The word "and" omitted by GSR 311, dated 14-9-1972, w.e.f. 21-9-1972. [x x x x x]
44. Clause (c) inserted by GSR 163, dated 29-5-1975, w.e.f. 26-6-1975. [(c) for the purpose of market yards by the Agricultural Produce Market Committees constituted under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966;]
55. Clause (i-a) inserted by GSR 311, dated 14-9-1972, w.e.f. 21-9-1972. [(i-a) proposed to be converted for the purpose of poultry farming; 6[x x x x x]]
77. Clause (ii) substituted for clauses (ii) and (iii) by GSR 210, dated 30-12-1991 and shall be and shall be deemed to have been substituted w.e.f. 1-10-1990. [(ii) not exceeding two acres, proposed to be converted for the purpose of locating new, tiny and small scale industrial units set up in Zone III and 11. Substituted for the words, letters and figures "G.O. No. CI 140 SPC 93, dated 12-7-1993" by Notification No. RD 59 LGP 98, dated 17-2-1999 and shall be deemed to have been substituted w.e.f. 12-7-1998. [Government Order No. CI 30 SPC 96,, dated 16th March, 1996], certified as such by the Director of Industries and Commerce in Karnataka, Bangalore or any other Officer of the Department of Industries and Commerce authorised by the Director in this behalf:
Provided that the exemption under clause (ii) and shall be in force with effect from 22. Substituted for the words and figures "12th day of July, 1997 to llth day of July, 1998" by Notification No. RD 59 LGP 98, dated 17-2-1999 and shall be deemed to have been substituted w.e.f. 12-7-1998. [12th day of July, 1998 to 31st day of March, 2001;
33. Clause (iii) inserted by GSR 165, dated 5-10-1994 and shall be deemed to have been inserted w.e.f. 1-6-1992. [(iii) proposed to be converted for the purpose of locating
(a) all new tourism units in category 'C' location, including hotel projects of 4 and 5 Star category, within the limits specified in column (2) of the table below in respect of the categories specified in column (3) thereof;
(b) new tourism units in category 'B' locations within the limits specified in column (2) of the Table below in respect of the categories specified in corresponding entries in column (3), thereof;
SI. No,
Limits of exemption
Catgories
(1)
(2)
(3)
1.
not exceeding. One Unit
Hotel projects of three, two and one star
2.
Half Unit
Budget hotels and way side amenities
3.
Two Units
Amusement parks and tourism resorts:
Provided that the exemption under clause (iii) shall be in force with effect from 1st day of June, 1992 and upto 31st day of May, 1997.
Explanation(1) Tourism units in category 'B' and 'C' locations means the units and locations specified in Government Order No. ITY 89 (P), dated 30th May, 1992, read with G.O. No. ITY 9 TTT 89 (P), dated 25th February, 1994 and certified as such by the Director of Tourism in Karnataka, Bangalore.
(2) "Unit" means the unit as defined in sub-clause (35-A) of clause (a) of Section 2 of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962).]
11. Proviso inserted by GSR 332, dated 12-10-1976 and shall be deemed to have been inserted w.e.f. 4-4-1975. [Provided that the exemption under clauses (ii) and (iii) of this rule shall not be applicable to new industries to be started within the Municipal limits of the City of Bangalore and in any village situated within the radius of sixteen Kilometers from the Corporation limits of the City of Bangalore and within the areas of Bangalore South and Bangalore North Taluks.]
22. Sub-rule (2-A) inserted by GSR 149, dated 10-5-1979, w.e.f. 11-5-1979. (2A) Notwithstanding anything contained in these rules, no fine shall be imposed in respect of land purchased by an educational institution and diverted for the purpose of construction of buildings or use as playground required for such educational institution.]
33. Sub-rule (3) omitted by GSR 210, dated 30-12-1991 and shall be and shall be deemed to have been omitted w.e.f. 1-10-1990. [(3) x x x x x.]
Rule108A Notice of assessment to occupants
44. Rule 108-A inserted by GSR 183, dated 20-5-1969, w.e.f. 21-5-1969. The notice of assessment required to be served on an occupant under Section 122-A, shall be issued by the Revenue Inspector in Form 31-A.]
CHAPTER 13A Regularisation of unauthorised occupation of Land
Rule108B Definitions
For the purpose of this Chapter, unless the context otherwise requires [(a) "Additional Committee" means the Additional Committee constituted in accordance with sub-section (2-A) of Section 94-A;] [(aa)] "Committee" means committee constituted under Section 94-A;
(b) "To cultivate personally" shall have the same meaning as assigned under the Karnataka Land Reforms Act, 1961.
Rule108C Application for Grant of Land
(1) Any person who is in unauthorised occupation of any land may make an application in writing to the Tahsildar of the Taluk in Form 50 along with a fee of Rupees Two payable by affixing a Court Fee Stamp.
(2) Immediately on receipt of application under sub-rule (1), the Tahsildar shall cause the particulars of the application to be entered in a register which shall be in Form 51 kept in his office. He shall, thereafter, place the application before the Committee 8[or the Additional Committee] after such scrutiny as may be necessary.
Rule108CC Procedure under Section 94-B.
11. Rule 108-CC inserted by Notification No. RD 38 LGP 98-11, dated 6-11-1998, w.e.f. 9-11-1998.
(1) For the purpose of Section 94 to the Tahsildar of the concerned Taluk shall on receipt of an application or by issuing a public notice in Form No. 53 and by sending individual notice to the occupants in Form No. 54 identify the unauthorised occupants.
(2) He shall thereafter prepare a list of persons eligible for grant in accordance with the provisions of Section 94-B in Form No. 55 and enter the details in a register, kept in Form No. 56 and shall within a period of three months from the date of issues of public notice send all related documents to the Deputy Commissioner or other officer authorised under Section 94-B.
(3) The Deputy Commissioner or other Officer authorised under Section 94-B shall on receipt of the documents from the Tahsildar make spot inspection, examine the documentary and circumstantial evidence, determine the eligibility or otherwise and make the recommendation to the committee within three months from the date of receipt of the document from the Tahsildar.
(4) Provisions of sub-rules (3), (4) and (5) of Rule 10 shall mutatis mutandis apply for the purpose of grant of land under Section 94-B.]
Rule108D Procedure of the Committee
(1) The Committee 22. Inserted by GSR 158, dated 20-9-1994, w.e.f. 27-9-1994. [or the Additional Committee] shall, after verifying the particulars furnished by the applicant and after holding such enquiry as it deems necessary determine the extent of land to which the applicant is entitled for grant and the amount required to be paid by him for the grant of land, publish a notice which shall be in Form 52 in the Chavadi of the village in which the land is situated and also in the Office of the Mandal Panchayat, inviting objections from the interested persons for the proposed grant, within such time as may be specified in the notice, which shall not be less than Fifteen days from the date of the notice.
(2) After the expiry of the period specified in the notice the Committee 33. Inserted by GSR 158, dated 20-9-1994, w.e.f. 27-9-1994. [or the Additional Committee] shall, after considering the objections received and after further enquiry, if necessary, 44. Substituted for the words "grant the land unauthorisedly occupied by him" by GSR 48, dated 7-3-1994, w.e.f. 16-3-1994. [recommend for grant of the land unauthorisedly occupied by the applicant or to dismiss it], subject to the provisions of Rule 108-1.
55. Sub-rules (3) and (4) substituted for sub-rules (3), (4) and (5) by GSR 158, dated 20-9-1994, w.e.f. 27-9-1994. [(3) On such recommendations, the Tahsildar, who shall be the Secretary of the Committee or the Additional Committee, as the case may
(4) The first instalment shall be paid in accordance with clause (a) of sub-section (6) of Section 94-A and remaining two instalments of amount payable, if any, shall be paid by the applicant within Sixty days from the expiry of the last date fixed for the payment of first instalment]
11. Sub-rule (6) substituted by GSR 158, dated 20-9-1994, w.e.f. 27-9-1994. [(5) Appeal against orders made by the Tahsildar on the recommendations of the Committee shall lie to the Assistant Commissioner, and of the Additional Committee shall lie to the Deputy Commissioner.]
Rule108E Members of the Committee
22. Rule 108-E substituted by GSR 121, dated 29-6-1991, w.e.f. 3-7-1991.
33. Rule 108-E renumbered as sub-rule (1) thereof by GSR 48, dated 7-3-1994, w.e.f. 16-3-1994. [(1)] The Committee shall consist of the following members
(1) the Member of the Karnataka Legislative Assembly representing the major part of the Taluk;
44. Clause (2) substituted by GSR 158, dated 20-9-1994, w.e.f. 27-9-1494. [(2) three persons nominated by the State Government of whom one shall be a woman and another shall belong to Scheduled Castes or Scheduled Tribes.]
(3) the Tahsildar of the concerned Taluk.
Provided that if such Member of the Legislative Assembly belong to Scheduled Castes or Scheduled Tribes, the Member to be nominated shall not necessarily belong to Scheduled Castes Scheduled Tribes:
Provided further that where the member representing major part of the Taluk is not available or is not willing to be a member of the committee, for any reason, the State Government may nominate any other Member of the Legislative Assembly as a member of the Committee.]
55. Sub-rules (2) and (3) inserted by GSR 48, dated 7-3-1994, w.e.f. 16-3-1994. [(2) The Chairman and in his absence, 66. Substituted for the words "any member chosen by the members present among themselves" by GSR 158, dated 20-9-1994, w.e.f. 27-9-1994. [the Tahsildar shall covene the meeting and] shall preside at the meeting of the Committee.
(3) The quorum of the Committee shall be 77. Substituted for the word "three" by GSR 158, dated 20-9-1994, w.e.f. 27-9-1994. [two], of which one shall be the Tahsildar.]
Rule108EE Additional Committee
11. Rule 108-BE inserted by GSR 158, dated 20-9-1994, w.e.f. 27-9-1994.
(1) The Additional Committee shall consist of the following members, namely
(a) the Assistant Commissioner of the concerned sub-division or any other Officer of the equivalent rank nominated by the State Government as Chairman;
(b) three persons nominated by the State Government of whom one shall be a Woman and another shall belong to Scheduled Castes or Scheduled Tribes;
(c) the Tahsildar of the concerned taluk.
(2) The quorum of the Additional Committee shall be two, of which one shall be the Tahsildar.
Rule108F Eligibility for Grant
No person shall be eligible for grant of land under this Chapter, unless
(i) he has attained the age of eighteen years; and
2[(ii) x x x x x.]
(iii) he is a permanent resident within the limits of the Taluk in which the land is situated or in the adjacent Taluk; and
(iv) he is a bona fide agriculturist cultivating the land personally and is not prohibited from holding or acquiring land under the provisions of Karnataka Land Reforms Act, 1961; and
(v) he is in authorised occupation of land for at least a continuous period of not less than three years prior to the Fourteenth day of April, 1990:
Provided that in the case of persons belonging to scheduled Castes and Scheduled Tribes, such period shall be not less than one year.
Rule108G Amount payable for Grant of Land
(1) The amount payable for the grant of land under Section 94-A, shall, subject to the provisions of sub-rules (2) and (3) be 1[fifty times] and Revenue payable for such land: Provided that no amount shall be payable by persons belonging to Scheduled Castes and Scheduled Tribes.
(2) In computing the amount payable for the land, the Tahsildar shall not take into consideration the value of any trees standing on the Land or Improvements made by the applicant during the period of unauthorised occupation.
(3) If at the time of determining the amount payable, there is reason to believe that the tree has been cut, the Tahsildar shall, verify the entries in the Record of Rights and hold an enquiry as he deems necessary after giving the grantee an opportunity of being heard. After such enquiry, on being satisfied that the grantee has cut the tree, the Tahsildar shall get the value of the tree assessed by the authorities of the Forest Department and include the same in the amount payable by the grantee.
(4) Land Revenue Assessment for the entire period of unauthorised occupation shall be collected in addition to the amount payable by the grantee.
Rule108H Land not already assessed to be assessed before it is granted
Every land in unauthorised occupation, if not assessed shall be assessed to payment of Land Revenue, in accordance with the provisions of this Act before the order of grant is made. Such land shall also be surveyed and demarcated and its boundaries fixed. The grantee shall be iable to pay the charges, if any, for the same:
Provided that no such charges shall be payable by persons belonging o Scheduled Castes and Scheduled Tribes. Substituted for the words "two hundred t........es" by GSR 158, dated 20-9-1994, w.e.f. 27-9-1994.
Rule108I Certain lands not to be granted
Notwithstanding anything contained in this chapter, lands assigned for special purposes under Section 71 of the Act, and lands described in revenue records, as Devarakadu, Urduve, Gunduthop Tankbed, Phut Kharab halla, datereserve, burial grounds and such lands, which in the opinion of the Government is required for public purpose, shall not be granted:
11. Proviso inserted by GSR 211, dated 30-12-1991, w.e.f. 1-1-1992. [Provided that the provisions of this rule shall not apply to lands set-apart for free pasturage under Section 71 of Karnataka Land Revenue Act which will be governed by Rule 97.]
Rule108J Conditions for Grant of Land
(1) The grant of land under this Chapter shall be subject to the following conditions, namely
(i) the grantee shall not alienate the land nor use it for non-agricultural purposes for a period of Fifteen years from the date of issue of Saguvali Chit or certificate grant to him;
(ii) the grantee shall cultivate the land personally;
(iii) the grantee shall within a period of six months from the date of issue of Saguvali Chit or certificate of grant in respect of the granted land, plant and maintain not less than one tree per every ten areas (guntas) of land or ten trees per hectare of land, at his cost. In case the tree planted were to die or get damaged due to cause beyond his control, he shall replant in its place another tree and year them;
(iv) for contravention of any of the above conditions, the grant shall be liable to be cancelled and resumed to Government free from all encumbrances by the Assistant Commissioner:
Provided that no such cancellation shall be made without giving the grantee an opportunity of being heard.
(2) The following shall not be regarded as alienation for purposes of sub-rule (1)
(a) Mortgage of the land in favour of State Government or a Cooperative Society or a Scheduled Bank or the Agricultural Re-financing Corporation or the Kamataka State Agro Industries Corporation for loans obtained for improvement of such land or for buying cattle or agricultural implements for the cultivation of such land; and
(b) leasing of the land in accordance with the provisions of the Karnataka Land Reforms Act, 1961.
Rule108K Cancellation of Grant
Any grant of land made under this chapter shall be liable to be cancelled and the land resumed by the Assistant Commissioner, where the grant has been obtained by making false or fraudulent representation or is contrary to these rules: Provided that no such cancellation shall be made without giving the grantee an opportunity of being heard.
Rule108L Grant of Land Discretionary
Nothing contained in these rules, shall be deemed to confer on any person any right to the grant of the land under his unauthorised occupation.
Rule108M Grantees of Land to Execute an Agreement
Every person who is granted lands for agricultural purposes under these rules shall execute an agreement in Form V prescribed under Rule 28 of Karnataka Land Grant Rules, 1969.
Rule108N Powers of the State Government
Notwithstanding anything contained in this chapter, the State Government may, suo motu or on the recommendation of the Divisional Commissioner or the Deputy Commissioner, if it is of the opinion that in the circumstances of any case or classes of cases, it is just and reasonable to relax any of the provisions of these rules, it may, by order direct such relaxation, recording reasons for such relaxation, subject to such conditions as may be specified in the orders and thereupon lands may be granted in such a case or classes of cases in accordance with such direction.]
CHAPTER 14 Recovery of Land Revenue
Rule109 Payment of Assessment
(1) All payments of revenue shall be made to the Village Accountant who shall grant receipts for the same in Form 36: Provided that such payments may, at the option of the payer, be made
(a) into the Treasury of the Taluk in which the land is situated;
(b) with the sanction of the Deputy Commissioner into any other Taluk Treasury in the district or into the District Treasury; or
(c) by money order the remittances being accompanied in each case by a Memorandum giving full particulars of the amount due and of the properties on account of which the payment is made.
(2) Where any payment is made into a District Treasury or Taluk Treasury or by money order such payment shall not affect any sale held prior to the production before the Officer conducting the sale.
(3) Treasury Officers receiving any such payment shall give immediate intimation of the fact to the Tahsildar of the Taluk where the payment is due; and the latter shall loose no time in causing the necessary entry to be made in the Village Accounts.
Rule109A Remission of assessment in cases of diluvion
11. Rule 109-A inserted by GSR 52, dated 1-2-1978, w.e.f. 16-2-1978.
(1) Claims to decrease of assessment under Section 82 for land lost by diluvion shall be made to and disposed by the Deputy Commissioner after obtaining such particulars regarding the extent and nature of the land, the loss caused and other relevant matters as he may consider necessary.
(2) The Village Accountant shall ascertain and record the losses due to diluvion in every holding. He shall also report to the Tahsildar, the area of any land exceeding the extent of half an acre lost by diluvion or by submersion under the seas or on account of being washed away by currents of rivers, streams, nalas and sea water, etc.]
Rule110 Land Revenue payable by instalments; periods of instalments
(1) The land revenue leviable on account of a revenue year shall be payable in four equal instalments in the months of January, February, March and April of each year. Each instalment shall be paid by the 20th day of each such month: Provided that where the land revenue for the year in any case is less than five rupees, the whole amount due shall be paid in by the 20th of January.
(2) If any person wished to pay the entire year's revenue in one instalment, he may do so by the 20th of January.
Rule111.
Time for commencing and closing of Village Accounts All Village Accounts shall be maintained for each Revenue year.
Rule112 Demand how made
(1) The Village Accountant shall issue a notice of demand under sub-section (1) of Section 162 in Form 37.
(2) If the person liable to pay fails to pay the amount due within seven days after service of the Demand Notice issued under sub-rule (1) the Village Accountant shall make a report to the Deputy Commissioner and if the Deputy Commissioner so directs the Village Accountant shall destrain the defaulters movable property which may be brought to sale by the Revenue Inspector after giving wide publicity for such sale.
Rule113 Procedure for Sale
(1) Every sale, shall, as a rule, be held on the day named in the proclamation, and, if necessary, continued from day to day (closed holidays expected), until all the properties specified in the proclamation shall have been sold. The Officer conducting the sale,
(2) If the party purchases by himself or through another person without such permission, the Sub-Division Assistant Commissioner may if he thinks fit, on the application of the defaulter or any other person whose interests are affected by the sale, by order set aside the sale; and the costs of such application and order, and any deficiency of price which may happen on the re-sale and all expenses attending it, shall be paid by the party at whose instance the sale had been originally held.
(3) In cases in which the Deputy Commissioner considers necessary, that the applicant should not be allowed to bid for less than the sum to be fixed, it shall be competent to him to so fix the minimum.
(4) Where the applicant purchases with such permission, the purchase money and the amount for the recovery of which the sale is held may be set off against one another.
(5) The Notice of demand issued under Rule 111 shall be published in the village by affixing a copy of the same on the Notice Board of the Chavadi. A copy shall also be served on the defaulter as per Section 30. A sum of Re. 1 (Rupee one only) shall be recovered from the defaulter as the cost of the demand notice. On the completion of the sale the full value of the movable property shall be deposited forthwith.
11. Sub-rule (6) inserted by GSR 65, dated 22-1-1972, w.e.f. 17-2-1972. [(6) The proclamation of sale and notice in that behalf shall be in Form 38.
Rule114 Forfeiture of Occupancy of Alienated holding
22. Rule 114 omitted by GSR 65, dated 22-1-1972, w.e.f. 17-2-1972. x x x x x.
Rule115 Procedure to be adopted when the occupancy consists of two or more Survey Numbers or estates separately assessed
If the occupancy or alienated holding in respect of which the arrear is due consists of two or more Survey Numbers or of two or more portions of land or estates separately assessed, and the Deputy Commissioner is of the opinion that the whole amount of such arrear could be realised by the sale of some one or more only of such Survey Numbers, or portions of estates, he may, in his discretion, restrict the forfeiture to such one or more of the said such Survey Numbers, or portions of estates, 11. The words "Where the forfeiture is intended not for the purpose of sale but for taking possession and otherwise disposing of the holding the previous sanction of the Divisional Commissioner shall be obtained in each case" omitted by GSR 65, dated 22-1-1972, w.e.f. 17-2-1972. [x x x x x.]
Rule116 Sale of Forfeited Occupancy or Alienated Holding
22. Rule 116 omitted by GSR 65, dated 22-1-1972, w.e.f 17-2-1972. x x x x x.
Rule117 Procedure to be followed if default is made in the case of unenfranchised service inams
(1) Inam lands held for village service, revenue or police, or for religious or charitable purposes shall not be declared forfeited and sold, but the Deputy Commissioner shall proceed to realise the demand against the holders by the attachment and sale of their personal and other movable property.
(2) In the case of unenfranchised holding on which arrears may be due, the Deputy Commissioner may, in the event of his failing to recover the arrears by the sale of the defaulter's personal or other immovable property, obtain the sanction of the Divisional Commissioner to the holding being declared forfeited and resumed.
Rule118 The tenure of enfranchised alienated inams not to be extinguished by forfeiture
In the case of an enfranchised alienated holding which has been declared forfeited for the purpose of sale under Section 163, such forfeiture shall not operate so as to extinguish the tenure on which the alienation was originally made and the property shall be sold as alienated property and conveyed as such to the purchaser: Provided that if at such auction the property is purchased on account of the Government the Deputy Commissioner shall cause the land comprised in the holding to be entered in the records as unoccupied unalienated land.
Rule119 Restoration of forfeited occupancy or alienated holding on payment of the arrear due
33. Rule 119 renumbered as sub-rule (1) thereof by GSR 38, dated 24-3-1990 and shall be deemed to have come into force w.e.f. 1-4-1988.
(1) The Deputy Commissioner may restore any forfeited occupancy or alienated holding which has been purchased on account of the Government and which has not been disposed of otherwise within three years from the date of forfeiture on payment of the arrear in respect of which the forfeiture was incurred together with the amount of land revenue in respect of the holding from the date of forfeiture to the date of restoration and the expenses incurred so far in the recovery and further proceedings as may be forced by the Deputy Commissioner.
11. Sub-rule (2) inserted by GSR 38, dated 24-3-1990 and shall be deemed to have come into force w.e.f. 1-4-1988. (2) During a period of not more than 22. Substituted for the words, figures and brackets "eight months from the date of commencement of the Karnataka Land Revenue (Amendment) Rules, 1998" by Notification No. RD 50 LGP 96, dated 7-9-2000, w.e.f. 8-9-2000. [one year from the date of commencement of Karnataka Land Revenue (Amendment) Rules, 2000], the Deputy Commissioner may, notwithstanding the expiry of the period specified in sub-rule (1), restore any forfeited occupancy or alienated holding which has been purchased on account of the Government dues and which has not been disposed of otherwise, to the person who has not been dispossessed of such occupancy or holding immediately before such commencement, oh payment of the arrears in respect of which the forfeiture was incurred together with the amount of land revenue in respect of the holding from the date of forfeiture to the date of restoration and the expenses incurred so far in the recovery and further proceedings as may be fixed by the Deputy Commissioner.]
Rule120 Procedure in effecting sale of immovable property
(1) Every sale of immovable property shall be made subject to the same rules 33. The words "and orders" omitted by GSR 65, dated 22-1-1972, w.e.f. 17-2-1972. [x x x x x] as are applicable to the sale of unoccupied unalienated lands.
44. Sub-rule (2) omitted by GSR 65, dated 22-1-1972, w.e.f. 17-2-1972. [(2) x x x x x.]
Rule121 Time for remittance of each months collections to the treasury
The Village Accountant shall remit into the Taluk Treasury collections made by him when such collections exceed Rupees Five thousand and shall in any case remit into the Taluk Treasury by the 25th of each month the collections made since the last remittance such amount as he holds on such date irrespective of whether such amount exceed Rupees Five thousand or not. The Village Accountant's Khirdi shall accompany every such remittance, to enable the taluk authorities to see that the remittance corresponds with the sums entered in the Khirdi. Should the Village Accountant fail in any month to make the remittance as aforesaid, it shall be the duty of the Tahsildar, or in his absence, the Sheristedar to take immediate steps to recover from the Village Accountant the amount which he has failed to remit.
Rule122 Distraints and sale of movables of the defaulter
(1) Orders of distraint under Section 164 shall be in Form 40.
(2) The following procedure shall be followed
(a) The distraint shall be made by the 55. Substituted for the words "Village Accountant" by GSR 187, dated 8-5-1969, w.e.f. 29-5-1969. [Revenue Inspector or the Village Accoutant] in the presence of panchayatdars consisting 11. Inserted by GSR 69, dated 15-2-1975, w.e.f. 27-2-1975. [in Form 41-A] and attested by the 22. Substituted for the words "Village Accountant" by GSR 187, dated 8-5-1969, w.e.f. 29-5-1969. [Revenue Inspector or the Village Accoutant] and by the Panchayatdars. A copy of the inventory shall be handed over to the defaulter or his authorised agent, if he is present. The property distrained shall not be disproportionate to the amount of arrears to be recovered.
(b) All distrained property shall ordinarily be retained in the custody of the 33. Substituted for the words "Village Accountant" by GSR 187, dated 8-5-1969, w.e.f. 29-5-1969. [Revenue Inspector or the Village Accoutant] unless some other arrangement is deemed more suitable, in which event the 44. Substituted for the words "Village Accountant" by GSR 187, dated 8-5-1969, w.e.f. 29-5-1969. [Revenue Inspector or the Village Accoutant] may make such arrangements.
(c) On all matters not expressly provided for in his rule, the procedure regarding distraints shall, as far as may be, be similar to that prescribed in respect of attachments of moveable property by Civil Courts.
Rule123 Notice of forfeiture of lands for arrears of revenue to be given to Civil Courts under whose order such lands had been previously attached
If for purpose of recovering any arrears of revenue any occupancy or alienated holding in respect of which a notice of attachment has been issued by a Civil Court is declared forfeited or ordered to be attached, notice of the forfeiture or attachment for arrears and of the intention to bring the land and crops if any standing thereon to sale, in default of the arrears being liquidated, shall be given to the Civil Court under whose orders such previous attachment has been made.
Rule124 Sales how conducted
11. Sub-rule (1) substituted by GSR 96, dated 14-3-1968, w.e.f. 28-3-1968.
(1)
(a) The notice of sale under Section 168 shall be in Forms 38 and 39 with such modifications as are found necessary.
(b) The notice of sale shall be affixed on the following places, namely
(i) property to be sold;
(ii) the notice board of the Office of the Deputy Commissioner of the District;
(iii) the notice board of the Office of the Assistant Commissioner in-charge of the Revenue Sub-Division;
(iv) the notice board of the Office of the Tahsildar of the Taluk in which the immovable property is situate;
(v) the notice board of the Village Panchayat concerned; and
(vi) the chavadi in the village in which the immovable property is situate.
(c) In cases where the arrears to be recovered exceeds rupees five thousand, the notice of sale shall also be published in a vernacular newspaper having wide circulation in the locality.]
(2) Every sale held under Section 169 shall be held on the day named in the proclamation, and, if necessary, continued from day to day (public or general holidays excepted), until all the properties specified in the sale proclamation shall have been sold. The Deputy Commissioner may adjourn any sale for a period not exceeding three days recording his reasons for such adjournment;
(3) Where owing to combination or other causes there are either no bidders or the bids offered are not adequate, the Deputy Commissioner shall postpone the sale, and in the case of land forfeited under Section 164 he may direct that the land be either purchased on behalf of Government and dealt with as an unoccupied land or disposed of in such other manner as he may deem proper, and in the case of other property, make such orders regarding the purchase of the property on behalf of Government or its disposal by a resale or otherwise, as may seem to him to be suitable.
(4) The certificate of purchase of immovable property to be granted under Section 179 shall be in Form 41, and shall be engrossed or impressed stamp paper to be produced by the purchaser.
Rule125 Registers of movable and immovable properties sold
Registers of movable and immovable properties sold shall be kept in the Taluk Office in Form 42(a) and 42(b) respectively.
Rule126 Auction Sales to be conducted in the locality
Auctions held under Rule 123 shall ordinarily be conducted in the town or village in which the land put up for sale is situated.
Rule127 Purchase of property by Government
The value of the property purchased by Government shall be determined by the Deputy Commissioner after taking into consideration under Section 171 the market value of the property as ascertained by local enquiry and the statistics of sales of similar properties in the same locality with reference to the records of registration in the Sub-Registrar's Office.
Rule128 General conditions applicable to sales of[x x x x x] Land
The Deputy Commissioner should ordinarily set aside the sale under Section 169 if in his opinion
(i) the bidding at such sale has not been bona fide; or
(ii) there has been collusion to recover the holding without the payment in full of the arrears and charges due to the State Government; or
(iii) there has been some material irregularity or mistake or fraud in publishing or conducting such sale which is likely to have affected the amount of the highest bid or otherwise to have caused sub-stantial injury to any person.
CHAPTER 15 Copies, Inspection and Searches
Rule129 Certain documents to be open to inspection
Every document which is a public document within the meaning of the Indian Evidence Act (Act I of 1872) and every record referred to in Section 193 shall be made available for inspection subject to the following conditions and payment of the following search fees
22. Clauses (1) and (2) substituted by GSR 78, dated 9-4-1992, w.e.f. 21-4-1992. [(1) Rupees five per hour for each applicant subject to a minimum of rupees ten to be paid in advance.
(2) A fee of rupees five per hour subject to the maximum of rupees "twenty per day, shall be charged for the inspection of any document
(3) Such documents shall be open to inspection in the office of the Officer-in-charge of the documents during office hours at the place where these documents are usually kept.
(4) No fee shall be charged for
(a) inspection (with the permission of the Officer-in-charge) of the Enquiry Proceedings or Register or Property Register of a City Survey by a Municipal Official for Municipal purposes;
(b) inspection (with the permission of the Officer-in-charge) of the Enquiry Proceedings or Register or Property Register of a City Survey or village records by an Officer of the Panchayat established under the Kamataka Village Panchayats and Local Boards Act, 1959, for the purposes of such Panchayat;
(c) inspection of village records by an Officer or a member of any Co-operative Society for the business of the Society.
Rule130 Uncertified Copies
Any person may by himself or by an agent make a copy of any public document or of any portion of any public document of which he has duly obtained permission for inspection but no copy so made shall be certified by any public Officer.
Rule131 Village Accountants to grant certified copies of certain documents
(1) All Village Accountants and in the Cities surveyed under Section 152, all City Surveyors, shall receive applications for and grant certified copies of all registers and documents, the originals of which are in their charge.
(2) Such copies shall, after comparison with the original be certified by the Village Accountant or the city surveyor, as the case may be, as true and given to the applicants direct within ten days from the receipt of the application.
Rule132 Officers-in-charge of document generally to grant certified copy
The Officer-in-charge of any public document, other than those specified in Rule 139 shall, cause to be prepared and give certified copies of the same or of any portion thereof under his own signature to any person.
Rule133 Receipt to be endorsed on copy
On every certified copy or extract granted under these rules there shall be endorsed by the Officer who receives the fees for the same a receipt as follows Received Rs....................P.............as fee for this certified copy. Dated..................of 19 (Signed) A.B.
Rule134 Officers-in-charge of certified copies to grant true copies of such copies
Notwithstanding anything contained in Rules 131 to 132 every Officer-in-charge of a certified copy of any public document shall on an application made to him by any person prepare and give to him a true copy of such certified copy of the document under his own signature on payment of the fees hereinafter prescribed in Rule 139. On every such copy, it shall be clearly stated by such Officer that it is a true copy of the certified copy of the document. When such copy is granted there shall be endorsed on it by the Officer who receives the fee for the same a receipt in the following form Received Rs..................P..............as fee for this true copy of the certified copy, dated..............of 19 (Signed) A.B.
Rule135 Intimation of date on which copy will be ready
As soon as possible after an application for a copy of a document is accepted the Chief Ministerial Officer or other person authorised in this behalf shall intimate to the applicant in person or by post the probable date on which the copy will be ready for delivery. If the copy is not actually ready on such date a further intimation shall be given in like manner of the date on which the copy is expected to be ready.
Rule136 Time taken for copying to count for filing appeals
Whenever an applicant for a copy is personally informed of the date on which it will be ready for delivery the fact shall be noted on the copy application and the signature of the applicant taken thereto, and whenever such intimation is sent by post, the date on which it was so sent as also the date on which the copy is expected to be got ready shall similarly be entered on the application.
CHAPTER 16 Levy and Recovery of Fees
Rule137 Levy and Recovery of Fees
(1) In cases in which a Survey Number or a sub-division of a Survey Number is to be divided in pursuance of a mutation under sub-section (1) of Section 128, a fee at the rate of 11. Substituted for the words "rupees four" by GSR 346, dated 15-11-1975, w.e.f. 4-12-1975. [rupees eight] in respect of each division shall be recovered. 22. First proviso to sub-rule (1) inserted by GSR 396, dated 25-10-1969, w.e.f. 20-11-1969. [Provided that such fee shall not be levied and recovered from the members of the Scheduled Castes and Scheduled Tribes.] 11. Second proviso to sub-rule (1) inserted by GSR 251, dated 25-1-1972, w.e.f. 29-6-1972. [Provided further that no such fee shall be recovered in respect of lands donated to or granted by the Karnataka Bhoodan Yagna Board under the Karnataka Bhoodan Yagna Act, 1963 (Karnataka Act 34 of 1963).]
(2) The fee recoverable under sub-section (4) of Section 128 shall be levied and recovered at the following rates, namely
(i) fee of 22. Substituted for the words "one rupee" by GSR 5, dated 27-12-1976, w.e.f. 6-1-1977. [two rupees] per entry in respect of a Survey Number or a sub-division of a Survey Number subject to a maximum of 33. Substituted for the words "ten rupees" by GSR 5, dated 27-12-1976, w.e.f. 6-1-1977. [twenty rupees] for all entries made at one time pertaining to the lands in a village held by the same individual;
(ii) additional fee of 44. Substituted for the words "four rupees" by GSR 5, dated 27-12-1976, w.e.f. 6-1-1977. [eight rupees] for every new sub-division of a Survey Number to be formed in respect of mutations which involve measurement.
55. First proviso to sub-rule (2) inserted by GSR 396, dated 25-10-1969, w.e.f. 20-11-1969. [Provided that in the case of persons belonging to the Scheduled Castes and Scheduled Tribes, the free recoverable shall be nil:]
66. Second proviso to sub-rule (2) inserted by GSR 251, dated 25-1-1972, w.e.f. 29-6-1972. [Provided further that in respect of lands donated to or granted by the Karnataka Bhoodana Yagna Board under the Karnataka Bhoodan Yagna Act, 1963 (Karnataka Act 34 of 1963), the fee recoverable under this sub-rule shall be nil.]
Rule138 Assessment of Cost and Expenses under Clause (b) of Section 131
The cost of expenses to be assessed for the preparation or revision of any map or plan under Clause (b) of Section 131 shall include the following items, namely
(i) the proportionate pay and allowances of the surveyor and his peon;
(ii) wages of the labour engaged provided that no such wages be charged if the parties were to provide such labour;
(iii) cost of stones and other material;
(iv) cost of transport of survey equipment; and
(v) supervision charges at twenty per cent of the cost thereof. After recovering in advance the cost and expenses as assessed above the Assistant Superintendent of Land Records of the District shall get the work executed.
Rule139 Recovery of Fees in Appeals
Any person aggrieved by the decision given by a Surveyor in respect of the boundaries of a Survey Number or sub-division of a Survey Number as determined by the Surveyor may appeal against the decision of the Surveyor to the Assistant Superintendent of Land Records of the district and an appeal against the decision of the Assistant Superintendent of Land Records in such appeal, shall lie to the Superintendent of Land Records of the division. The memorandum of appeal to the Assistant Superintendent of Land Records shall be accompanied by a fee of 11. Substituted for the words "twenty five rupees" by GSR 57, dated 1/6-2-1978, w.e.f. 23-2-1978. [thirty-five rupees] and the memorandum of appeal to the Superintendent of Land Records shall be accompanied by a fee of 22. Substituted for the words "fifty rupees" by GSR 57, dated 1/6-2-1978, w.e.f. 23-2-1978. [sixty rupees] . The amount of fee paid shall be refunded to the party if the appeal of the party is allowed. A copy of every order passed in appeal shall be sent to the Tahsildar of the taluk in which the land is situated.
Rule140 Officers in-charge of original and certified copies to grant certified and true copies respectively
(1) Every Officer in-charge of a certified copy of any public document shall on application made to him by any person give to him certified copy or a true copy or true copy of such certified copy of the document respectively under his own signature on payment of the fees hereinafter prescribed.
I.(i)
For every 100 words or part thereof for copying for comparing
[Forty Paise.] One-fourth of the above.
(ii)
If the original be in tabular form for copying
Twice the rate noted above.
(iii)
If the copy be given in printed form, for every sheet used
[Twenty Paise.]
This is in addition to the Fees prescribed under (i) and (ii) above.
II. Certified copy of entries of the mutations in respect of the surveyed areas within sites of village, town or city.
(i)
For copying
[Twenty Paise per entry.]
(ii)
For comparing
One-fourth of the above
(iii)
For the printed form used
[Twenty Paise per entry.] in addition to the above.
III. For certified copy of a map of a Survey Number or a sub- division or a tippan of Survey Number or sub-division.
Copying fee
[One rupee twenty-five paise.j
Comparing
[30 Paise.]
IV.
For each form of extract of a City Property Register
[Fifty Paise.]
When no printed forms is supplied or available, for each sheet of foolscap paper used in preparing the copy other than that of a map or plan under these sub-rules
[twenty-five Paise.]
(1)
For every certified copy of a serial number (or entry) in the Record of Rights, Register of Mutations, or either part of the combined form and in villages to which Rule 130(2) applies, for every certified copy of each entry in the forms named, or for each khata in the holding of the applicant-
Provided that no fee shall be charged for correcting the holding sheet at any time during the five years for which it is current.
(2)
For every certified or copy of a map of a Survey Number or sub-division of a survey number or of any (uncoloured) map of any immovable property prepared under or of an entry in a City Property Register
15 Paise.
(3)
For showing the scaled-off perimeter measurements on any certified copy of a map, a Survey Number or sub-division of a Survey Number
(i) if applied for at the time of the measurement of the Survey Number or subdivision of a Survey Number
15 Paise
(ii) if applied for at any time thereafter
30 Paise
(4)
Subject to Rule 164 for every certified copy of a map of a Survey Number of a sub-division or of a field or of any ordinary (uncoloured) map or plan of any immovable property; or extract of City Survey map, for each field or plot; not falling under item (8)
1 Rupee
(5)
For every certified copy of a map or plan or of portion of a map or a plan not falling under item (1) or (4).
Such fee not exceeding fifteen rupees, and not less than one rupee, as the Officer who certified the copy shall determine:
Provided that no fee exceeding
Rupees five shall be charged by any Officer subordinate to a Deputy Commissioner except with the permission of the Deputy Commissioner or by the Officer of the Superintendent of Land Records to whom he is subordinate.
(6)
For every true copy of a certified copy.
The same fee as for a certified copy.
(7)
For every search.
[Two rupees] for each year of which the records are searched:
Provided that in the case of the Alienation Office Records, a fee of rupees five shall be charged for each rumal searched subject to a minimum of rupee five every such rumal searched
(8)
For every authenicated translation of orders, and the reasons therefore and of exhibits in formal or summary inquiries under the Act.
(a) for the first one hundred words or fraction of one hundred words
80 Paise
(b) for every subsequent one hundred words or fraction of one hundred words
40 Paise
11. Substituted for the words "includes a fraction of an anna a whole anna shall be levied" by GSR 99, dated 21-3-1977, w.e.f. 31-3-1977. [includes a fraction which is less than five paise] in place of the fraction.
(2) Search fees chargedWhen application is made for an inspection of copy of any public document or of any portion of a public document and such application does not distinctly describe the number, date and nature of the document required; or if the description given in such application is incorrect and it shall in consequence be necessary for the Officer in charge of the document to search his records in order to find it, a fee of 22. Substituted for the words "one rupee" by GSR 219, dated 31-7-1973, w.e.f. 30-8-1973. [two rupees] for each year of which the records are searched shall be payable by the applicant for such search.
Rule141 Time and Place of Inspection of Record of Rights and Mutation Register
During the working days the Record of Rights Register and Mutation Register shall be open for inspection by the public in the village chavadi, and no inspection fee shall be charged and made available on application either oral or written to the Village Accountant.
Rule141A Inspection of Record of Rights and Mutation Register in Mysore and Bangalore Division
33. Rule 141-A inserted by GSR 257, dated 28-8-1980, w.e.f. 4-9-1980. Notwithstanding anything contained in Rule 141, in the Mysore Division and the Bangalore Division, the original Record of Rights and Mutation Register shall be open for inspection by the public at the taluk office and the duplicate Record of Rights in the village chavadi during all working hours and no inspection fee shall be charged and the registers shall be so made available on application either oral or written, made to the Tahsildar or the Village Accountant, as the case may be.]
Rule142 Determination and Recovery of expenses of partition or otherwise
(1) In respect of partitions to be made under Section 111 the party or parties at whose instance such partition is to be made shall
(2) The Assistant Superintendent shall then get the work executed and shall determine the actual expenses incurred in making such partition on the basis of
(i) proportionate pay and allowances of the surveyor and his peon;
(ii) wages of labour engaged, provided that no such wages be charged, if the party were to provide such labour;
(iii) cost of stones and other materials used;
(iv) cost of transport of survey equipment; and
(v) supervision charges at twenty per cent of the cost thereof.
(3) On determining the expenses, if such expenses exceed the amount already deposited, the Assistant Superintendent of Land Records shall require the party to pay the balance and on his failure to do so it shall be recovered as an arrear of Land Revenue. If the amount so determined is less than the amount deposited, the difference shall be refunded to the party by money order at the cost of the party.
Rule143 Acknowledgement of Information or Documents given by the parties
Written acknowledgement in Form 22 shall be given to persons furnishing information or documents under Section 130.
Rule144 Issues of Receipts for fees recovered
For every item of money recovered from the hissadars or claimants under any of the provisions of these rules, a receipt shall be given in Form 23.
Rule145 Maintenance of Khata and Khirdi by the Village Accountants
(1) The Village Accountant shall maintain a separate Khata and Khirdi in Form 24 and Form 25 respectively for the Accounting of money due and collected in respect of each village.
(2) The Khata shall be maintained in the same manner as in the case of land revenue collection, indicating the following particulars, namely The opening balance, the total demand under this head, the total collections every month and the balance.
(3) The Khirdi will begin with the "HALE BAKI" or Old Balance (Khulavar), if any, and as the individual items are collected, they should be rounded off in the "HALE BAKI". In the last page of the Khirdi, the demand, collection and balance for the year should be shown.
Rule146 Checking of collections
With a view to check irregularities and to see that the collection work is progressing satisfactorily the Revenue Inspectors and the Tahsildars should examine the Khata and Khirdi whenever they visit the villages and verify the entries therein with the receipt books. They will also satisfy themselves by enquiring whether printed receipts are being issued for money recovered.
CHAPTER 17 Remission of Land Revenue
Rule147 Deputy Commissioner authorised to cause crop cutting experiment
22. Substituted for the words "Deputy Commissioner authorised to suspend collection of Land Revenue" by GSR 128, dated 15-4-1968 and shall be deemed to have come into force w.e.f. 1-4-1964. 33. Rule 147 renumbered as sub-rule (1) thereof by GSR 147, dated 1/15-7-1978, w.e.f. 20-7-1978, 44. Sub-rule (1) substituted by GSR 13, dated 12-1-1995, w.e.f. 9-2-1995.
(1)] The Deputy Commissioner shall cause crop cutting experiments to be conducted in all the villages every year in all the crop growing seasons, in order to determine the average cropwise yield per acre. The Tahsildar shall conduct such crop cutting experiments in atleast five per cent of the villages in the Taluk, the Revenue Inspector in atleast twenty per cent of the villages in the circle and the Village Accountant in all the villages in his charge, in which neither the Tahsildar nor Revenue Inspector has conducted such experiements every year in the relevant seasons. The question of remission of land revenue, shall be considered on the basis of such experiements.]
55. Sub-rule (2) inserted by GSR 147, dated 1/15-7-1978, w.e.f. 20-7-1978. (2) the average cropwise yield per acre for the purpose of 66. The words "suspension or" omitted by GSR 13, dated 12-1-1995, w.e.f. 9-2-1995. [x x x x x] remission of land revenue shall be determined under sub-rule (1), separately in respect of land possessing irrigation facilities from wells, tanks, rivers and other sources and lands not possessing such irrigation facilities.
Rule147A Suspension of Land Revenuex
77. Rules 147-A and 147-B omitted by GSR 13, dated 12-1-1995, w.e.f. 9-2-1995. x x x x.
Rule147B Collection of Suspended Land Revenuex
88. Rules 147-C and 147-D inserted by GSR 128, dated 15-4-1968 and shall be deemed to have come into force w.e.f. 1-4-1964. x x x x.]
Rule147C Remission of Land Revenue
(1) If the average crop-wise yield is less than twenty five per cent, there shall be full remission of land revenue 99. Inserted by GSR 13, dated 12-1-1995, w.e.f. 9-2-1995. [and where the average crops-wise yield is more than twenty-five per cent but less than fifty per cent there shall be remission of land revenue not exceeding fifty per cent.
(2) If the average crop-wise yield is 11. Substituted for the words "twenty-five per cent and more" by GSR 13, dated 12-1-1995,w.e.f. 9-2-1995. [fifty per cent and more], there shall be no remission of land revenue.
Rule147D Remission of suspended Land Revenuex
22. Rule 147-D omitted by GSR 13, dated 12-1-1995, w.e.f. 9-2-1995. x x x x.]
Rule148 Application how to be made
Every application shall be made in writing and except in the case of an application for inspection made to a Village Accountant must be duly stamped. The application may contain a request that the copy, extract, or translation, be forwarded by value payable post (unregistered book packet) to any Post Office which is also a Money Order Office.
Rule149 Stamp Duty or Court Fee payable in addition
Nothing in these rules shall affect the provisions of the Karnataka Stamp Act, 1957, or the Karnataka Court Fees and Suits Valuation Act, 1958. The Stamp Duty or Court Fee with which an application, copy or extract made or furnished under these rules may be chargeable is in addition to the fees prescribed herein and care is to be taken that the requirements of the Stamp Act and Court Fees and Suits Valuation Act are properly fulfilled in respect of every such application, copy or extract.
Rule149A Form of notice
33. Rules 149-A and 149-B inserted by GSR 69, dated 15-2-1975, w.e.f. 27-2-1975. The notice referred to in Section 39 and sub-section (2) of Section 96 shall be in Forms 47 and 48 respectively.
Rule149B Form of summons
The summons under Section 29 shall be in Form 49.]
Rule150 Seal for Revenue Offices
All the Revenue Offices including Taluk Office, Assistant Commissioner's Office, Deputy Commissioner's Office, Divisional Commissioner's Office, Offices of the Commissioner for Survey, Settlement and Land Records, Deputy Commissioner of Land Records, Deputy Commissioner of Settlement, Superintendent of Land Records, Assistant Superintendent of Land Records, Settlement Officers, Endowment Commissioner and the Inspector-General of Registration and the Commissioner for Stamps and other Offices under the control of the Revenue Department, presided over by the Officers of above the rank of Tahsildars shall use a circular seal, two inches in diameter which shall bear therein the Karnataka State Emblem, with the inscription in Kannada and English, indicating the name of the Office.
Rule150A Form of Warrant
44. Rule 150-A inserted by GSR 4, dated 18-12-1967, w.e.f. 11-1-1968. The Warrant referred to in sub- section (2) of Section 22 shall be in Form 46.]
Rule150B Application to construct water course
11. Substituted for the words "twenty-five per cent and more" by GSR 13, dated 12-1-1995,w.e.f. 9-2-1995. Any person desirous of constructing a water course may make an application in writing to the Tahsildar in Form 50.
Rule150C Period for execution of agreement under Section 90
A The applicant shall execute an agreement in favour of the neighbouring holder in Form 51 within Fifteen days from the date of the order under Section 90-A.]
Rule151 Repeal and Savings
All rules corresponding to the foregoing rules continued in force by virtue of Section 202 of the Act and the Kamataka Land Revenue Rules, 1964, are hereby repealed: Provided that the said repeal shall not affect previous operation of the said rules and the provisions of Section 6 of the Karnataka General Clauses Act, 1899, shall be applicable as if the said rules had been repealed by a Karnataka Act.
APPENDIX 1 FORM1
FORM 1
[See Rule 18]
Form of General Notice
The landlords, holders, occupants, tenants, and all persons having interest in the lands in the village of..............Taluk...........District................are hereby informed that the survey operations will be conducted from.................or thereabouts in.......................the village by the Surveyors deputed for the purpose.
The holders, etc., are hereby required to be present in their fields and to supply him particulars, as regards ownership, title, boundary, source of irrigation and other particulars of reference in their possession as may be required by the Surveyor failing which the work will be done from the information available on the post.
The holders shall supply necessary labour for flag holding and chain dragging required for measurement work and in the event of their failure to do so the work will be got done through hired labour and the cost incurred thus shall be collected as Land Revenue due on lands.
Survey Officer.
APPENDIX 2 FORM2
FORM 2
[See Rule 48]
The holders
etc.......................................of all the Villages, Government and Inam, of the ...................... Taluk,.......................... District, are hereby informed that hissa measurement operations of the undermentioned villages will be conducted from...............................or thereabouts in the respective villages by the surveyors to be deputed for the purpose, by the Officer in-charge of the operations. The holders, etc., are hereby required to be present in their fiekls when the Surveyor deputed inspects them, and supply to him particulars as regard ownership, title, boundaries or other information in their possession, failing which the measurement work will be done from the information obtained on the spot.
Officer-in-charge of the Survey Party.
APPENDIX 3 FORM3
FORM 3
[See Rule 49]
Notice
Village................Taluk..................Village...............
It is hereby notified that the hissas in the following Survey Numbers will be measured on....................................... All persons interested should be present in the field and show then hissas and give all necessary information. In case the concerned persons are not present in the field, the measurement will progress nevertheless on the information available.
Survey No. Hissa No. Name of Hissedar Camp ..... . .............. Dated ................... Surveyor.
APPENDIX 4 FORM4
FORM 4
[Section 119(2) and Rule 31]
Notice issued under sub-section (2) of Section 119 of the Kar-nataka Land Revenue Act, 1964
It is hereby made known to the people of the under mentioned village... . ..Taluk......District that the revision of the assessment of the lands of the said village is to be effected and that it is proposed to include it in the Group noted hereunder (the existing (Maximum) and proposed Standard Rates being entered opposite to the name of the Village).
Name of village The group in which it is placed Group rates as per current settlement By revision settlement (Standard Rate) Dry Wet Garden Plantation Dry Wet Garden Plantation 3(a) 3(b) 3(c) 3(d) 4(a) 4(b) 4(c) 4(d) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
(a) Increase
in percentage of the Standard rate over Group Maximum rate (i) dry (ii) wet
(iii) Garden (iv) Plantation;
(b) Any person having interest in the land may submit to the Deputy Commissioner of the District his objection in writing about the standard rates within three months from the date of publication of this notice;
(c) A copy of the Settlement Report for reference will be made available in the Office of the Deputy Commissioner of the District during Office hours.
Deputy Commissioner,
................District.
Deputy Commissioner,
......................District]
APPENDIX 5 FORM5
FORM 5
[See Rule 32]
Notice
Whereas, in pursuance of Section 121 of the Karnataka Land Revenue Act, 1964, the Government of Karnataka has directed in Order No............dated.........the settlement reports of the several Zones be given effect to;
Now, therefore, in exercise of the powers conferred by Section 122 of the said Act read with Rule 32 of the Karnataka Land Revenue Rules, 1964, notice is hereby given that the standard rates for each of the several groups, in each of the several Zones, as indicated in the Table below shall be the rates for purposes of assessment of land revenue.
Zone No. Group No. Standard Rates Dry Land Wet Land Garden Land Plantation Land (1) (2) (3) (4) (5) (6)
APPENDIX 5A FORM5A
FORM 5-A
[See rule 33(1)]
Whereas, in pursuance of Rule 32 of the Karnataka Land Revenue Rules, 1964, the Government of Karnataka has published a notice in the Karnataka Gazette, dated..............specifying the standard rates for each of the several groups in each zone.
And, whereas, in pursuance of Section 122 of the Karnataka Land Revenue Act, 1964, (Karnataka Act 12 of 1964) the Government of Karnataka has in Notification No...............dated.............specified.............. as the date from which land revenue shall be levied.
Now, therefore, in exercise of the powers conferred by sub-rule (1) of Rule 33 of the Karnataka Land Revenue Rules, 1964, notice is hereby given that the standard rates for each class of land in...............Village....................Taluk................. District comprised in group No..............of Zone No............... as indicated in the table below shall apply for purpose of assessment of land revenue and the land revenue according to the revised rates shall be levied from...........................
TABLE
Particulars of the Village Standard Rates Dry Land Wet Land Garden Land Plantation Land (1) (2) (3) (4) (5) 1 ....................... Village 2 ....................... Taluk 3 ....................... District 4. Group Number .............. 5. Zone Number ...................
Deputy Commissioner
............................District.
APPENDIX 5B FORM5B
FORM 5-B
[See Rule 33 (2)]
Whereas, in pursuance of Rule 32 of the Karnataka Land Revenue Rules, 1964, the Government of Karnataka has published a notice in the Karnataka Gazette, dated.....................specifying the standard rates for each of the several groups in each zone.
And, whereas, in pursuance of Section 122 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), the Government of Karnataka has in Notification
No.............. dated............... specified..............as the date from which land revenue shall be levied.
Now, therefore, in exercise of the powers conferred by sub-rule (2) of Rule 33 of the Karnataka Land Revenue Rules, 1964, notices is hereby given that the standard rates for class of land in the different villages comprised in..................Taluk, in...............District, as indicated in the table below shall apply for purposes of assessment of land revenue and the land revenue according to the revised rates shall be levied from...............
TABLE
Zone No. Group No. Village Standard Rates Dry Land Wet Land Garden Land Plantation Land (1) (2) (3) (4) (5) (6) (7)
Deputy Commissioner,
......................
District.
APPENDIX 6 FORM6
FORM 6
[SeeRule39]
Form of Notification
It is notified for general information that preparation of the Preliminary Record of Rights work will be taken up in all Government Villages and Settled Inam Villages of Taluk.................with effect from.......................
2. The record is intended to check litigation in regard to land and to facilitate its disposal by the Courts, to reduce unnecessary expenditure by the ryots in executing and registering documents and to protect them against fraud and fabrication of false claims. It will also be of assistance to Government as well as the ryots in the distribution of assessment among the various hissadars, the grant of takavi and land improvement loans and the grant of suspension or remission of land revenue.
3. To facilitate the accurate preparation of the Record of Rights, the Preliminary Record will first be prepared by the Village Accountant to the best of his information in the prescribed Form and every case will be duly investigated by a Revenue Inspector or other Officer. There will then be a check of the Preliminary Record by the Tahsildar or Other Officer authorised for the purpose. Occupants and persons interested in the land are required to furnish every information that may be within their knowledge to the Investigating Officers in order to ensure accuracy in the preparation of this Record which will form the basis of the future Record of Rights.
4. All persons interested in the land are required to render every reasonable assistance to Officers of the Department of Land Records when they come to a village to measure the hissas and to conduct enquiries in case of disputed boundary lines between hissas in the field, after giving the prescribed notice.
5. The attention of the public is invited to the provisions of Section 130 of the Karnataka Land Revenue Act, 1964, requiring them on requisition by a Revenue Officer engaged in compiling or revising the Record of Rights to furnish or produce information and documents needed for the correct compilation or revision thereof, within thirty days from the date of such requisition. Failure to comply with this requisition and secure registration of their rights will render occupants and holders of interests in land liable to a penalty not exceeding Rs. 25 (recoverable as an arrear of land revenue). The Officer to whom any information is furnished or before whom any document is produced in accordance with the requisition will give a written acknowledgment therefore in the form prescribed to the person furnishing or producing the same and shall endorse on any such document, before returning it to him, a note under his signature stating the fact of its Production and the date thereof.
Signature.........................
Designation.......................
APPENDIX 7 FORM7
FORM 7
[See Rule 42]
Register of Disputed Cases
Taluk.................
Circle.................. Village.................
Serial Number Page of Preliminary Record or Mutation Register Survey Number, Sub-Division Number and Area Assessment or Jodi Date of receipt of objection (1) (2) (3) (4) (5) Rs. P.
Particulars of disputes with names Orders of Tahsildar or Special Tahsildar after enquiry Orders of the Appellate Authority in case there is an appeal Exact terms of the entry to be made in the Preliminary Record, Mutation Register and later in the Record of Rights Reference to entry in Preliminary Record or Mutation Register or Record of Rights (6) (7) (8) (9) (10)
APPENDIX 8 FORM8
FORM 8
[See Rule 67]
Record of Rights Register of Disputed Cases Serial No. Number in Form 7 Survey No. and Hissa (No. or Part) Date of receiptof objection Particulars of dispute with names Orders of Tahsildar or other Officer (1) (2) (3) (4) (5) (6)
APPENDIX 9 FORM9
FORM 9
[(See Rule-86)]
FORM OF CERTIFICATE FOR BUILDING SITES AND
HOLDING GOVERNMENT OF KARNATAKA
To
Sri/Srimathi.......................
.
.
Whereas, the Government of Karnataka with a view to the settlement of the Land Revenue and to record and preserve the proprietory and other rights connected with the building sites have under the provision of the Karnataka Land Revenue Act, 1964, directed a survey of the land within the limits of the.......and also ordered the conducting of necessary enquiry connected therewith to be made, this certificate is issued under Section 154 of the said Act to the effect that.
There is a certain building/site held by you in the.............Division No..........of the..........bearing premises No........and denoted as No.........which has been surveyed and mapped as per location, shape and dimensions illustrated below, measuring an extent of............... .Square Meters.
1. You are hereby confirmed in the said Occupancy and exempt from all Land Revenue or subject to the payment of Rs.........per annum towards the land Revenue.
2. The terms of your tenure are such that your occupancy is both transferable and heritable and shall be continued by the State Government without any objection or question as to the title of who-so-ever shall from time to time be its lawfull holder.
3. The boundaries of your holding are hereby confirmed under the provisions of Section 140 of the Karnataka Land Revenue Act, 1964.
4. The terms of your tenure as it exists shall continue to hold good.
5. This Certificate is issued subject to other conditions imposed on the holder by the Municipal Corporation, the City or Town Municipal Council, the Bangalore Development Authority, the City Improvement Trust Board or the Karnataka Housing Board at the time of allotment of a building/site (strike out whichever is not applicable).
Signature
Designation]
APPENDIX 10 FORM
----
APPENDIX 10A FORM
---
APPENDIX 10B FORM10B
FORM 10-B
[See Rule 63]
Register showing the receipts and despatch of the intimation slips from the Registration Office and intimations of acquisition of rights in property received directly from public.
Taluk: Circle : Village:
SI. No. Date of transaction Registration Book No. and Page Details of property involved S.Nos. or other description Name of the person acquiring rights in the property date of despatch to V.O.S. Date of receipt in Taluk Office Date of Despatch to V.O.S. Remarks (Signature of Talati should be taken if delivery is made to him personally) (1) (2) (3) (4) (5) (6) (7) (8)
APPENDIX 11 FORM11
FORM 11
[See Rule 46]
Mutation Register
SI.No. No. of Reference to Preliminary Record or Taluk Office or Sub-Registrars or Other Office Nature of Right Survey No. Sub-Division No. Date of issue of notice Order of the enquiry Officer Date of entry in the Preliminary Record or Record of Rights (1) (2) (3) (4) (5) (6) (7)
APPENDIX 11A FORM11A
FORM 11A
[See Rule 46-D]
Register of Licensed Surveyors
Registration Number
Full name Sex Date of Birth Permanent Address Local Address in the Taluk Date of Reg. (1) (2) (3) (4) (5) (6) Expiry Date Renewal Date Expiry Date Photo Specimen signature Remarks (7) (8) (9) (10) (11) (12)
APPENDIX 11B FORM11B
FORM 11-B
[See Rule 46-H1]
Application to be given to Licensed Surveyor for preparation of Survey Sketch
1. Name of Applicant
2.
(a) Name and Address of the Seller
(b) Name and Address of the Prospective Buyer
(c) Name and Address of Prospective Persons acquiring rights
(Strike out whichever is not applicable)
3.
Details of land involved
(i) Village
(ii) Hobli
(iii) Taluk
(iv) Survey Number
(v) Area Involved
4.
Schedule of the Property
[with full address of all adjacent landholders]
(i) NORTH
(ii) EAST
(iii) WEST
(iv) SOUTH
5. Recent RTC (to be enclosed)
Kindly prepare a detailed survey sketch of the above Property
Place: Signature of the Applicant
Date:
APPENDIX 11C FORM11C
FORM 11-C
[See Rule 46-H(4)]
Notice
The landholders/occupants/vendors/prospective buyers/persons acquiring rights as detailed below, are hereby informed that the measurements of schedule property will be conducted on.......... .as per the application received by the Licensed Surveyor.
The landholders etc., are hereby required to be present in their fields and to supply particulars as regards ownership, title/boundary and other particulars of reference in their possession as may be required by Licensed Surveyor.
Details of property involved:
Taluk
Hobli
Village
Survey
No.
Extent
Licensed Surveyor
Place:
Date:
Addressees
Adjoining holders
1. Vendor North :
2. Prospective buyer East:
3. Persons acquiring rights West :
South:
APPENDIX 11D FORM11D
FORM 11-D
[See Rule 46-H(5)]
Statement Format
Statement made before the Licensed Surveyor by the Vendor/Prospective buyer/Persons acquiring rights/adjoining holders of survey numbers of Village:........., Hobli:......Taluk:............of.............District.
In response to the notice issued by the Licensed Surveyor for the measurement of the above lands, we state that the lands are measured and demarcated by the Licensed Survey or/on............. '
We accept the measurements undertaken and affix our signature.
Signatures
Adjoining land Holders
(1) Vendor (1)
(2) Prospective buyer (2)
(3) Person acquiring rights (3)
Place: Before me
Date: Licensed Surveyor
APPENDIX 11E FORM11E
----
APPENDIX 11F FORM11F
FORM 11-F
[See Rule 46-H(11)]
Acknowledgement to be issued to Licensed Surveyor from Taluk Survey Office
Received the following documents from Sri...........Licensed Surveyor............Taluk, on...........
1. Hissa
Survey Tippan/P.T. Sheet
2. Hissa
Survey Pakka/Gunakar Register
3. Sketch
in Form III (in duplicate)
4.
Statement in Form IV duly signed by all concerned.
One copy of the sketch in Form III will be verified and returned on.........
Authorised Officer
.........Taluk Survey Office
.........Taluk
APPENDIX 11G FORM11G
FORM 11-G
[See Rule 46-I(5)]
KEY REGISTER (to be maintained in Taluk Survey Office)
Serial No. Hobli Village Involved Survey No. Area Name of Licensed Surveyor and License No. Date of Receipt in the Office Date issued for Checking work (1) (2) (3) (4)(A) (4)(B) (5) (6) (7)
(Mutation Register)
Due Date for Return Actual date of Return Date and Receipt of Mutation with Sketch from Taluk Office Taluk Phodi No./Mutation Register No. A.D.L.R. Phodi No. Date of Issue for Durasthi Work (8) (9) (10) (11) (12) (13)
Date of approval by the Authorised Officer Date of incorporation in the original records in A.D.L.R. Office Date on which the Records sent to Taluk Offices for incorporation Date of incorporation in Taluk Office Remarks (14) (15) (16) (17) (18)]
APPENDIX 12 Record of Rights Mutation Register
FORM 12
[See Rules 46 and 44]
Record of
Rights
Mutation
Register
SI. No. of entry Nature of right Survey and Sub-division Nos. affected Initials or remarks by testing Officers (1) (2) (3) (4) . . . .
APPENDIX 13 Property Card
FORM 13
[See Rule 83]
Property Card
SL. No. Area Tenure Particulars of assessment, or rent paid to Government and when due for revision. Easement ..... Holder in Origin of the title (so far as traced) .... Lessee ............. Other encumbrances ....... Other remarks......... Date Transaction Vol. No. New Holder (H), Lease (L) or Encumbrance (E). Attestation
APPENDIX 14 Register of Disputed Cases
FORM 14
[See Rule 50]
Register of Disputed Cases
(to be maintained by the Survey Party)
SI. No. Survey Number Hissa No. Nature of dispute Opinion of the Supervisor after enquiry Orders of the Officer in-charge of the Survey Party Orders on appeal if any (1) (2) (3) (4) (5) (6) (7) . . . . . . .
APPENDIX 15 FORM
FORM 15
[See Rule 57]
Register of Appeals and Miscellaneous Applications to be maintained in the Offices of the Assistant Commissioner of the Sub-Division and the Deputy Commissioner of the District.
SI. No. Date of Receipt Name of District Name of Taluk Name of Village Name and address of the appellant Name and address of the respondent S. No. phod No. and the village to which it relates (1) (2) (3) (4) (5) (6) (7) (8)
Purpose of the petition or appeal Date or Dates of Hearing Purport of the orders passed Purport of the appellate orders, if any Date of Communicating order to the Taluk Office or recording in the Prl. or R.R. Register Remarks (9) (10) (11) (12) (13) (14)
APPENDIX 16 Pahani Patrike, Record of Rights and Tenancy Particulars
autospace:none'>Survey Number
2. Hissa
3. Area according Khethwar
4. Assessment
Total
5. Type of soil
6. Patta Inam Govt.
Total Area
Pot Kharab (a)
Pot Kharab (b)
Balance
(a) Assessment
(b) Jodi
(c) Cesses
(d) Water Rate
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
Rs.P.
Rs.P.
Rs.P.
Rs.P.
7.No of Trees
8. Irrigation as per Khethwar
9. Name of owner or Khabjedar with father's name: Khate No.
10. Nature of Possession
11. Other Rights and Liabilities
Name
No.
S.No.
Source
Mungari
Hingari
Gardens
Total
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
112. Tenancy Details
13. Land Utilisation and Agricultural Statistics
Year and Season
Actual Cultivators Name and Place of residence
Mode of Cultivation
Tenancy
Land Utilisation
Dry Irrigated Garden
Crop
Area Sown
Source of Irrigation
Estimated production in [Quintal per Hectare]
Gross Area under Mixed Crops
Area of lease
Rent fixed
Class
Areas
Pure
Mixture (with Area under each constitueniterop)
Mixture (with Area under each constitueniterop)
Mixture (with Area under each constitueniterop)
Area
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
(33)
(34)
(35)
(36)
(37)
(38)
(39)
(40)
APPENDIX 17 Revenue Department Notification....
FORM 17
[See Rule 61]
Revenue Department
Notification....................................
Under sub-section (3) of Section 127 of the Karnataka Land Revenue Act, 1964, it is notified for the information of the public that the preparation of the final Record of Rights in respect of villages noted in the Schedule have been completed. The Record of Rights and Mutation Registers will be made available for inspection at the request of the party requiring inspection during office hours on all working days.
SCHEDULE OF VILLAGES
SI. No. Name of the Taluk Circle Name of the Village
Deputy Commissioner.
APPENDIX 18 Register of Inheritance Cases
FORM 18
[See Rule 62]
Register of Inheritance Cases
SI. No. Survey No. Hissa No. Name of deceased Khatedar or Right Holder Date of death or approximate date References to Record of Rights Name of heirs to the deceased and their relationship to the deceased Name Relationship (1) (2) (3) (4) (5) (6) (7)
Nature of the claim Orders of the enquiring Officer Orders of the Appellate Court if appeal is preferred Forward references to Record of Rights Remarks (8) (9) (10) (11) (12)
APPENDIX 19 Report of Succession, Survivorship or Inheritance
FORM 19
(Counterfoil)
[See Rules 62 and 64]
Report of Succession, Survivorship or Inheritance
To the Village
Officer..................Village..................................... Circle....................Taluks.
The following changes in succession, survivorship or inheritance due to death in............................Village have taken place.
Survey No. Hissa No. Name of the deceased Kathedar and the date of death Name of heirs to the deceased and their relationship to the deceased. Names of persons, if any, in possession of the land and the nature of their rights. Name Date
Date..........................
Signature of the heirs.
APPENDIX 19(1) Report of Succession, Survivorship or Inheritance
FORM 19
(Counterfoil)
[See Rules 62 and 64]
Report of Succession, Survivorship or Inheritance
To the Village
Officer..................Village..................................... Circle....................Taluks.
The following changes in succession, survivorship or inheritance due to death in............................Village have taken place.
Survey No. Hissa No. Name of the deceased Kathedar and the date of death Name of heirs to the deceased and their relationship to the deceased. Names of persons, if any, in possession of the land and the nature of their rights. Name Date
Date..........................
Signature of the heirs.
APPENDIX 19A Report of Succession, Survivorship or Inheritance
FORM 19(1)
(To be delivered to the applicant)
[See Rules 62 and 64]
Report of Succession, Survivorship or Inheritance
To the Village Officer..................Village.....................................
Circle....................Taluks.
The following changes in succession, survivorship or inheritance due to death in............................Village have taken place.
Survey No. Hissa No. Name of the deceased Kathedar and the date of death Name of heirs to the deceased and their relationship to the deceased. Names of persons, if any, in possession of the land and the nature of their rights. Name Date
Date..........................
Signature of the heirs.
APPENDIX 20 Report of Transfer of Record of Rights
FORM 20
 [See Rules
62 and 64]
Report of Transfer of Record of Rights
To the Village Officer.......................Village................................ Circle........................Taluk.
The following transfers have been affected by us in.............................village.
It is requested that the changes may be effected in the Record of Rights.
Survey No. Hissa No. Name of Landholder or Hissadars Name of person to whom transfer is effected and when Nature of changes. Mention here the various Rights and Title (1) (2) (3) (4)
Date.........................
Signature of holder.
Name of Land-holder or Hissadar.
APPENDIX 20(1) Report of Transfer of Record of Rights
FORM 20(1)
(To be delivered to the applicant)
[See Rules 62 and 64]
Report of Transfer of Record of Rights
To the Village Officer.......................Village................................ Circle........................Taluk.
The following transfers have been affected by us in.............................village.
It is requested that the changes may be effected in the Record of Rights.
Survey No. Hissa No. Name of Landholder or Hissadars Name of person to whom transfer is effected and when Nature of changes. Mention here the various Rights and Title (1) (2) (3) (4)
Date.........................
Signature of holder.
Name of Land-holder or Hissadar.
APPENDIX 20A Report of Transfer of Record of Rights
FORM 20-A
(Counterfoil)
[See Rules 62-A and 64-A]
Report of Transfer of Record of Rights
To the Tahsildar..............Taluk.
The following transfers have been effected by us in........Village. It is requested that the changes may be effected in the Record of Rights..........
Survey No. Hissa No. Name of Land Holders of Hissadars Name of person to whom transfer is effected and when Nature of changes (Mention here the various Rights and Title) (I) (2) (3) (4)
Date............
Signature of holder.
Name of Land holders or Hissadar.]
APPENDIX 21 Notice is hereby given that
FORM 21
[See Rule 65]
Notice is hereby given that.
(1) entries have been made in the Register of Mutations as indicated in the Table below in respect of the land specified in Columns 4 and 5 thereof, in pursuance of the report made under sub-section (1) of Section 128 or received under sub-section (4) of the said section of the Karnataka Land Revenue Act, 1964;
(2) the holding specified in Columns 4 and 5 of the Table below has been entered in the Record of Rights as a fragment under Section 4(1) of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966.
Objections, if any, in respect of the said entries may be made either orally or in writing to the undersigned within thirty days from the date of this notice.
TABLE
Taluk Circle VillageS1 No. Extent Assessment Name of persons Connected wirth the land Reasons for making the entry Remarks Date. . Village Accountant Camp ..... village
1. Strike out item (2) when the notice is under the Karnataka Land Revenue Act, 1964.
2. Strike out item (1) when the notice is under the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966.
3. Under Column 8 of the Table
(i) When the notice is under the Karnataka Land Revenue Act, 1964 specify the following.
Acquisition by.
(a) Succession;
(b) Survivership;
(c) Inheritance;
(d) Partition;
(e) Purchase;
(f) Mortgage;
(g) Gift;
(h) Lease or;
(i) Otherwise, as the case may be.
(ii) when the notice is under the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966, specify the following.
Classification of the land as
SI.No. Class of land Area (1) (2) (3) 1 First Class, that is, wet land or garden land possessing facilities for assured irrigation where two crops of paddy can be raised in a year One half acre 2 Second Class, that is, wet land or garden land other than First Class land possessing facilities for assured irrigation, that is, land in channel area (Nala Pradesh), whose one crop of paddy can be raised in a year Two thirds area 3 Third Class, that is, wet land or garden land other than First or Second Class land possessing facilities for irrigation from tanks Five-sixths acre 4 Fourth Class, that is, wet land or garden land other than First, Second or Third Class land irrigated(i) by rain water; or(ii) by seepage water from tanks, canals or other source of water; or(iii) by water lifted from a river or channel by electrical or mechanical power. Two acres 5 Fifth Class, that is, dry land or garden land not falling under the First, Second, Third or Fourth Class, in areas in which the average annual rainfall is more than Thirty-five inches; or Dry-cum-wet land or dry-cum-garden land, that, is light irrigated dry land; or garden land One acre 6 Sixth Class, that is dry land or garden land, not falling under the First, Second, Third, Fourth or Fifth Class in area in which the average rainfall is not more than thirty-five inches and is not less than twenty-five inches. Three acres 7 Seventh Class, that is, dry land, or garden land, not falling under the First, Second, Third, Fourth, or Fifth Class, in areas in which the average annual rainfall is less than twenty-five inches, or uncultivable dry land in areas in which the average annual rainfall is not less than seventy five inches Four acres Provided that.
(a)
In the District of North Kanara, standard area means the area determined to be standard area for different classes of land in different local areas in the said district under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1949 (Bombay Act 52 of 1947), and in force before the commencement of this Act;
(b)
In the district of South Kanara, standard area means in respect of.
(i)
Dry crop land, one acre;
(ii)
Paddy or rice crop land, fifteen guntas;
(iii)
Garden crop land, ten guntas.
APPENDIX 21A NOTICE
FORM 21A
[See Rule 106-A]
NOTICE
To
The Tahsildar
.............Taluk,
.............District.
I.............Son/Daughter/Wife of.........residing at. . . .........being the occupant of dry (Punja) Land described below do hereby give notice of my intention to divert the said land/or part thereof as shown below for the purpose of constructing................ .and/or for the purpose of..............I have paid the fine prescribed under Rule 107 and I am willing to pay the balance fine, if any, found due by the authorities if so intimated to me. (The challan for the fine paid is herewith enclosed)
Description of the Land
1. Village
2. Hobli
3. Taluk
4. District
5. Survey No.
6. Extent of the holding
7. Boundaries
8. Purpose of the diversion
9. Whether the whole land of the occupant in the survey number is being diverted or only part.
10. If only part is diverted, the extent and boundaries thereof. I enclose herewith the following documents.
1. Certified copy of RTC in respect of land to be diverted.
2. Sketch of the land to be diverted indicating the boundaries, (if portion is being diverted, such portion should be clearly shown in the sketch).
I do hereby declare that I am not a person registered or liable to be registered as an occupant of such land under Section 48-A of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962) nor am I a grantee of such land under Section 77 of the said Act.
Signature of the Applicant.]
APPENDIX 22 Receipts
FORM 22
[See Rule 143]
Receipts
Book Number.......................... Serial Number................. Taluk................. Circle................ Village.................... Survey Number................ Sub-Number....................... Names of person giving the details or entries..............................
Brief description of the details or entries given.................
Date..................
Signature and designation of the Official issuing the receipts
APPENDIX 22A Receipts
FORM 22(A)
[See Rule 143]
Receipts
Book Number.......................... Serial Number................. Taluk................. Circle................ Village.................... Survey Number................ Sub-Number....................... Names of person giving the details or entries..............................
Brief description of the details or entries given.................
Date..................
Signature and designation of the Official issuing the receipts
APPENDIX 23 Receipts
FORM 23
[See Rule 144]
Receipts
Book Number.......................... Receipt Number............. District..................... Taluk...................... Circle..................... Name of Village.............. Number........................ Name of Hissadar or applicant ........................................ Survey Number and Hissa Number . Amount................ On what account paid............... Date of Collection..................... Patel......................... ................................ Village Accountant(Karanam)...................
APPENDIX 23A Receipts
FORM 23(A)
[See Rule 144]
Receipts
Book Number.......................... Receipt Number............. District..................... Taluk...................... Circle..................... Name of Village.............. Number........................ Name of Hissadar or applicant ........................................ Survey Number and Hissa Number . Amount................ On what account paid............... Date of Collection..................... Patel......................... ................................ Village Accountant(Karanam)...................
APPENDIX 24 Khate
FORM 24
[See Rule 145]
Khate
S1. No. Reference to Preliminary record or record of rights Name of Hissedar Survey No. and Hissa No. Amount due Date of receipt of amount (1) (2) (3) (4) (5) (6) Rs.
Page of Khirdi Receipt No. Amount collected Total amount due Remarks (7) (8) (9) (10) (11) Rs.
APPENDIX 25 Khirdi
FORM 25
[See Rule 145]
Khirdi
Date. Reference to Preliminary Record or Record of Rights Khate No. ReceiptNo. Name of Payee Survey No. (1) (2) (3) (4) (5) (6)
Hissa No. Amount collected Remarks (7) (8) (9) Rs.
APPENDIX 26 Public Notice
FORM 26
[See Rule 84]
Public Notice
All inhabitants of the City/Town/Village......................are hereby informed that Government have sanctioned under Section 153 of the Karnataka Land Revenue Act, 1964, the survey of......................(here mention boundaries) in their Order No................dated.................Accordingly the Surveyors deputed for the purpose will start work on or about..............................................
All persons having any interest in the land or in the boundaries of which the Survey has been ordered are informed that they should attend either in person or by agent at the time and place to be specified by the Surveyor and from time to time thereafter, if so required, for the purpose of pointing out boundaries and supplying information in connection therewith.
Mortgagors, mortgagees and absentee owners should take steps to see that their rights are recorded correctly. Some times the surveyors may have to enter the buildings for internal measurements, notice of which will be given beforehand. The more the holders of all lands and building sites assist and expedite the work, the less it will cost; and all costs will ultimately be levied on the property holders.
Survey Officer.
APPENDIX 27 Declaration Under Section 68(1) Rule 94
FORM 27
Declaration Under Section 68(1)Rule 94
Whereas, it appears to the State Government that the Part of the public road specified in the schedule below, which is the property of the Government, is not required for the use of the public.
Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 68 of the Karnataka Land Revenue Act, 1964, the Government of Karnataka hereby declares that the said part of the public road is not required for the use of the public and that it is proposed that the rights of the public as well as of all individuals in or over the said part of the public road shall be extinguished.
2. Any member of the public or any person having any interest or right, in addition to the right of public high way, in or over the said part of the said road or having any other interest which is likely to be adversely affected by the proposal, may, within ninety days after the issue of this Notification, state in writing to the Deputy Commissioner of District, his objections to the said proposal, the nature of such interest or right, and the manner in which it is likely to be adversely affected, and the amount and particulars of the claim to compensation for such interest or right, and the said objections and claims shall be considered by the Deputy Commissioner as provided under the said section.
SCHEDULE
Village or Villages in which the part of the road etc., is situated Taluks. District. Description of the part or parts of the road etc, Approximate area of the part or parts of the road Boundaries.
APPENDIX 28 Form of Notice under Section 68(3) of the Karnataka Land Revenue Act, 1964 Rule 95
FORM 28
Form of Notice under Section 68(3) of the Karnataka Land Revenue Act, 1964 Rule 95
To
A.B.
Whereas (here describe the property or right in or over any property) is claimed by the State Government or by C.D. against the State Government notice is hereby given that an enquiry will be held by me in order to decide the said claim.
You are hereby required to attend before me either in person or by a Pleader at.................O'clock of the...................noon (at the site in dispute or) at my Office (camp at.............in the.............taluk) on the...............day of..............19............ at................which time and place an enquiry into the said claim will be made.
And your are hereby required to produce before me at the above named time and place any documents or evidence you may produce.
If you fail to attend in person or by a duly authorized agent in pursuance of this notice the above mentioned claim will be decided in your absence.
Dated this..................day of...............19..............
(Signed) Designation of Officer.
APPENDIX 29 Declaration Under sub section (5) of Section 68 Rule 96
FORM 29
Declaration
[Under sub-section (5) of Section 68]
Rule 96
In exercise of the powers conferred by sub-section (5) of Section 68 of the Karnataka Land Revenue Act, 1964, the State Government being satisfied after considering the record of the proceedings and the report of the Deputy Commissioner................District that the part of the public road/street/lane/path or part thereof specified in the schedule to the Notification No.................dated...........issued under sub-section (1) of the said section and specified in the schedule below as not required for the use of the public, hereby declares that all rights of the Public as well as of persons in or over such part of the public road are extinguished.
SCHEDULE
Villages in which the part of the road is situated. Taluks. District. Description of the part of the road. Approximate area of the part of the road. Boundaries.
APPENDIX 30 FORM
FORM 30
[See Rule 96(2)]
Whereas, in accordance with a notice duly issued and served under Rule 108 of the Karnataka Land Revenue Rules an enquiry was held by me and an order was passed on......................notice is hereby given to all persons concerned and to (here specify the person to whom this notice is directed) that my decision and order is that:(here summaries the order and define the property or right to which it relates).
Dated this.................day of..............19...............
APPENDIX 31 Register of Alienated Lands
FORM 31
[See Rule 106)(Section 85]
Register of Alienated Lands
District Taluk Hobli Village Name if any Boundaries (1) (2) (3) (4) (5) (6)
S. No. Extent Total Phat Kharab Dry, Wet Garden Ho. C Assessment (7) (8) (9) (10) (11)
APPENDIX 31A Notice under Section 122-A of the Karnataka Land Revenue Act, 1964
FORM 31A
Notice under Section 122-A of the Karnataka Land Revenue Act, 1964
To
Notice is hereby given that in respect of the lands held by you, described in the Table below, the land revenue payable has been determined as mentioned in Column 6 of the Table.
TABLE
Village Taluk District Survey Number Hissa Number Class of land Extent Standard rate applicable Land Revenue payable (1) (2) (3) (4) (5) (6)
If you are aggrieved by the land revenue determined, you may within a period of thirty days from the date of service of this notice, makes an application to the Deputy Commissioner under Section 122-B of the Karnataka Land Revenue Act, 1964.
The land revenue specified in this notice shall be collected subject to such modification as may be made under the said Section 122-B.
Date:
Revenue Inspector; ...........Circle.]
APPENDIX 36 Government of Karnataka Revenue Department Taluk Office, Seal Receipt for payment of Government dues
FORM 36
[See Rule 109]
Government of Karnataka Revenue Department Taluk Office,
Seal Receipt for payment of Government dues
Form 36 (Rule 109)
Receipt Book No, A-77 Receipt No........
Date......................
District......... Taluk..........Circle/Hobli.......Village.....
Survey No......... Name of the Khatedar & Father's Name..........
Khata No........ Name of the person making payment............
Kind of dues Arrears Current Total Remarks Year/s Amount Rs. Ps. Rs. Ps. Rs. Ps. 1. (a) Land Revenue (b) (i) Local Cess (ii) Edn. Cess (iii) Health Cess Total 2. (a) Water Rate (b)Maintenance Cess 3. Other Govt. dues(Details to be furnished) (a) (b) (c) Grand Total
Received from.............Rs............(in words)........... entered in Cash Book on/Page No.............
Signature/thumb impression of the person making payment Village Accountant.
APPENDIX 37 Notice to a Defaulter
FORM
37
[See Rule 112]
Notice to a Defaulter
To
A.B. residing at
You are hereby required to take notice that the sum of Rs...........................P................due by you on Khate No..............as the instalment of land revenue on Survey No..............or Nos................noted overleaf in the village of.....................................in the taluk of..........................in the.......................District, has not been paid and unless it is paid to the Village Accountant or into the Taluk or District Treasury as provided by Rule..................... within ten days from the date of service of this notice together with the sum of Rs.................... P...............being the fee chargeable for this notice, compulsory proceedings will be taken according to law for the recovery of the whole of the revenue still due by you for the current year on the said Khate.
Dated the................day of..................19
(Sd).......................
Village Accountant/Tahsildar.
 APPENDIX 38 FORM
FORM 38
[See Rules 113 and 124]
1.
Form of proclamation and written notice of sale of attached property.
Whereas the property of Shri/Smt..............hereunder specified has been attached on account of the land revenue assessment of Rs.......... ........due by the said....................and whereas it is necessary to recover the said amount by sale of the below mentioned property, together with all lawful charges and expenses resulting from the said attachment and Sale;
Notice is hereby given that on the.................day of............ . .19 at...............O'Clock, the Tahsildar of..........(or other person appointed) will at.............in..............Taluk................ District sell by auction subject to the conditions mentioned below to the highest bidder and without reserve, the right, title and interest of the said ... ........in the property hereunder specified and every power of disposing of the same or any of them or of the profits arising therefrom which the said . ...............may now consistently with the law exercise for his own benefit.
MOVEABLE PROPERTY Lot No. No. and Description of articles Where attached Where nowplaced Where to be viewed Whether the sale is subject to confirmation (1) (2) (3) (4) (5) (6)
IMMOVEABLPE PROPERTY
Lot No. Description of lote including Local situation, supposed or estimated rent or annual value and if leased, for how long, on what terms and to whom Sy. No. Municipal No. and Other fiscal designation Government Revenue including any local cess, any other known fiscal charge resting on the lot Present occupant Other particulars (1) (2) (3) (4) (5) (6)
CONDITIONS OF SALE:
(1) The sale shall be held on the day fixed and if necessary continued from day-to-day (except closed holiday) until all the properties specified in this Proclamation have been sold. The Officer conducting the sale may however in his discretion, adjourn any sale for a period not exceeding three days.
(2) The party entitled to the payment of money for the recovery of which the sale of immoveable property is held shall not be allowed to bid for or purchase the property without the permission of the Deputy Commissioner.
(3) If the party entitled to the payment of money for the recovery of which the sale of immovable property is held, purchases by himself or through another person without permission of the Deputy Commissioner, the Sub-Division Assistant Commissioner may if he thinks fit on the application of the defaulter or any other person whose interests are affected by the sale, by order set aside the same; and the costs of such application and order and any deficiency of price which may happen on the resale '' and all expenses attending it, shall be paid by the party at whose instance the sale had been originally held.
(4) No Officer having any duty to perform in connection with any sale by auctions and no person employed by or subordinate to such Officer shall directly or indirectly bid for or acquire any property.
(5) The Officer conducting the sale shall have the discretion to accept or reject the highest bid.
(6) If there are no bidders on the date of sale, the property may be purchased by Government.
(7) The party declared to be the purchaser of the immoveable property should deposit immediately 25 per cent of the amount of bid and the balance within 15 days. In case of moveable property, the entire amount of bid should be deposited immediately after his declaration as purchaser.
(8) (a) In case of failure in depositing the amount of bid mentioned in condition-6, the property will be put for resale and the expense incurred in connection with the first sale as well as any deficiency of price which may happen on a resale by reason of the purchasers default and all expenses incurred in connection with the resale shall be recovered from the defaulting purchaser as an a arrear of land revenue.
(b) In default of the payment of the balance of bid amount within the period specified in condition 6 by the purchaser of immoveable property, the deposit (made towards 25 per cent) after defraying therefrom expenses of the sale shall be forfeited to Government and the property will be resold.
(9) The sale is subject to confirmation by the Deputy Commissioner.
(10) In case sale is aside, the amount deposited by the purchaser will be refunded.
(11) A certificate of purchase will be issued in the name of successful bidder after the sale is confirmed.
(12) The person who has purchased any land and to whom a certificate of purchase has been granted shall not be liable for the land revenue for any period prior to the date of sale.
APPENDIX 39 Form of Proclamation and Written Notice of Sale of the Right of Occupancy of Unoccupied Land
FORM
39
[See Rules 120(2) and 124]
(2)
Form of Proclamation and Written Notice of Sale of the Right of Occupancy of Unoccupied Land Notice is hereby given that the right of occupancy of the undermentioned unoccupied land, situated in the village of............................in the...................... Hobli in the................... Taluk of the...................... District, will be put up to public auction at..............on............the..........................day of.........................19, at or after...................O'clock A. (or P.) M.
The written (or printed) conditions of sale signed by..................may be seen on application during office hours, on any office day before the day of the auction, to the Tahsildar (.....) . . . . of...................or at the time of the auction, to the Officer, who conducts the same, and intending bidders are warned that they should ascertain the said condih'ons before bidding.
Description of the Land.(Here give a full description of the land), viz., the Survey Number or Numbers, if it has been surveyed; if not; its boundaries, the class of land, i.e., whether it is dry crop land, garden land or a building site, etc., the area of the land, adding "be the same more or less", the assessment, if any, at present payable for the land and designation of the Officer who conducts the sale.
(Sd.) ........................
Deputy Commissioner
(or other Competent Officer).
Dated the......................... Day of......................19
APPENDIX 40 FORM
FORM
40
[See Rule 122]
..................................Taluk, is authorised to distrain the property of the under mentioned defaulter for arrears of land revenue due by him.
Name of Village Khate No. and name of the defaulter For what period arrear is due Amount of arrears fell due (1) (2) (3) (4)
Date on which arrears fell due Betta to distrainer. Date within which warrant should be returned. Date of distress and delivery of Copy to defaulter or if no distress is made date of payment of sum due. (5) (6) (7) (8)
The defaulter is hereby informed that, if the amount due with all expenses of distress be not previously discharged, the distrained property will be immediately attached and brought to public sale under the provisions of the Land Revenue Code.
Date
Place.
Tahsildar.
APPENDIX 41 Certificate of Sale of Immovable Property
FORM
41
[See Rule 124(4)]
Certificate of Sale of Immovable Property
This is to certify that.............................residing in the Village of................................... in the taluk of........................... in the...................... district, having purchased at a public auction held by the Tahsildar of......................the under mentioned immovable property, sold for arrears of revenue due by....................... a landholder in the under mentioned village, and having paid the full amount of the purchase money, the said property has been this day registered in the name of the said.
Taluk and Village Details of immovable property Extent Description of immovable property whether wet, dry or garden land or building site No. (if any) (1) (2) (3) (4)
Boundaries if the identification of the property is otherwise open to doubt Assessment Amount of purchase money paid Date of Sale (5) (6) (7) (8)
Deputy Commissioner's Office,
Dated..................19
Deputy Commissioner
APPENDIX 41A FORM
FORM
41-A
[See Rule 122 (2) (a)]
Inventory of the moveable properties attached from the defaulter Shri........ of..... Village, Taluk................District..........for the arrears of land revenue due by him.
Village Khata No. Name of the defaulter Amount of arrears due Description of articles attached No. of articles Weight Value as per panch estimatinRs. Ps. Name of Village Accountant in whose custody the articles are left and place Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9)
Signature of Panchayathdars the Signature of the Village Accountant Signature of the Defaulter Signature of the Officer who distrained the property 1. 2. 3. 4. 5.
APPENDIX 42a FORM
FORM
42(a)
[See Rule 125]
Register of Movable Property sold for Arrears of Revenue in the Taluk of........................of the year 19
Taluk Village Names of defaulters Arrears due Name of articles sold (1) (2) (3) (4) (5) Rs.P.
Estimated value Amount realised bv sale Surplus or deficit Name of Purchaser Date of sale (6) (7) (8) (9) (10) Rs.P. Rs.P. Rs.P.
APPENDIX 42b FORM
FORM 42(b)
[See Rule 125]
Register of Immovable Property sold for Arrears of Revenue in the Taluk of.....................for the year 19
Taluk Village Names of defaulters Arrears due Number of field or of the building Description, i.e., dry, wet or garden or the name of the building sold (1) (2) (3) (4) (5) (6)
Extent Assessment Amount realised by sale Surplus or deficit Name of purchaser Date of sale (7) (8) (9) (10) (11) (12)
APPENDIX 43 Form of File Register of Darkhasts for Vacant Sites for Building, etc.
FORM
43
[See Rule 82]
Form of File Register of Darkhasts for Vacant Sites for Building, etc.
Serial No. Date of receipt of Darkhast Name of applicant and his residence. Whether application was presented through Revenue Inspector or direct. Village Khaneshumari or Site No. Dimensions of the site North, South, East and West Area in square yards Boundaries For what purpose required, building, hulhittal, kana, etc. Date of transmission to Revenue Inspector or Village Officers, for report. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
Date of receipt of report Upset price, if any, leviable under Rule 47 How ordered to be disposed of by sale or for fixed price Date of sale Sale proceeds or price realised Date of receipt of sale records Date of passing final orders and nature of such orders Date of issue of permit to occupy Date of delivery of the same to grantee Remarks (12) (13) (14) (15) (16) (17) (18) (19) (20) (21)
APPENDIX 44 Commutation of N.A. Assessment Certificate
FORM
44
[See Rule 104]
(Commutation of N.A. Assessment Certificate)
This is to certify that in consideration of an amount of Rupees .................... which is equal to five times the annual non-agricultural assessment of Rupees................levied or leviable in respect of the land in Survey No............Village............Hobli/Circle, Taluk.............. District..............in revenue year prior to 1st April, 1964, on which date the Karnataka Land Revenue Act, 1964 came into force, having been paid to the Government of Karnataka State under sub-section (4) of Section 83 of the said Act, by............ of.......... Taluk.............District...........the Government of Karnataka has been pleased to commute the aforesaid annual non-agricultural assessment in respect of the said land pursuant to the Order No............. passed by the Deputy Commissioner of.........................on....................day of...................and that on account of such Commutation, the said land shall be exempt from any non-agricultural assessment as from the revenue year 19..........., in accordance with the said provisions of the said Act.
This certificate is executed on behalf of the Government of Karnataka by the Deputy Commissioner of................, this................ day of...........................19....... Seal of the Deputy Commissioner. Deputy Commissioner.
APPENDIX 45 CERTIFICATE
FORM 45
[See Rule 104]
CERTIFICATE
This is to certify that the applicant Sri........................ is the owner (Khatedar) of the land measuring.......................... [Hectares]....................... [Acres] in Survey No............, Village............ Hobli/Circle........, Taluk...............District....................has paid the amount of Rs........................in Challan No...........dated................,which is equal to five times the annual non-agricultural assessment under sub-section (4) of Section 83 of the Karnataka Land Revenue Act, 1964.
Tahsildar:
Taluk:
APPENDIX 46 Form of Warrant to be issued under Section 22(2).
FORM
46
[See Rule 150-A]
Form of Warrant to be issued under Section 22 (2).
To
The Officer-in-charge of the Civil Jail at............
Whereas A.B.
of................was on the......day of..........19.. and red by..... under sub-section (1) of Section 22 to (here set-out the substance of the order passed under sub-section (1), Section 22).
And, whereas, the said A.B. has neglected to comply with the said order/or failed to assign sufficient cause for non-compliance with the demand made as aforesaid.
And, whereas, the said A.B. has been apprehended.
Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 22,I direct that you are hereby required to take and receive the said A.B. into the Civil Jail and keep him imprisoned therein for a period........ (here specify the period not exceeding 90 days) or till he discharges the sums/or delivers up the papers/or property demanded from him.
Given under my signature and Seal on............day of.....
Signature
(Deputy Commissioner/Deputy Commissioner for Land Records/Deputy Commissioner for Settlement). Seal
APPENDIX 47 NOTICE OF EVICTION
FORM
47
[(See Rule 149-A)]
NOTICE OF EVICTION
To
Sri.................
Whereas, you are in wrongful possession of the land described below and therefore liable to be evicted under the provisions of Section 39 of the Karnataka Land Revenue Act, 1964, and whereas an order requiring you to deliver possession of the said land has been passed, you are hereby required to vacate the said land within.............days from the receipt of this notice.
Description of the Land
Village.
Taluk.
Revenue Survey Number.
Area. Boundaries
East.
West.
North.
South.
Place:
Date: Deputy Commissioner.
APPENDIX 48 FORM
FORM 48
[See Rule 149-A]
From
To
Sri..................son of.............residing in................ . village of...............circle.
Whereas, you have diverted the land described below which is assessed or held for purposes of agriculture, for other purpose namely.............. . . (here specify the purpose) in contravention of the order/the condition imposed under Section 95, you are hereby directed to use the said land for its original purpose/to observe the said condition within...........from the date of receipt of this notice.
You are also hereby required to remove the structures specified in the margin/fill up the excavation/take the following steps in order that the land may be used for its original purpose or mat the conditions may be satisfied.
Description of the Land
(here give details)
(Specify steps if any to be taken)
Deputy Commissioner,
APPENDIX 49 Summons for Appearance or for Production of Documents.
FORM
49
[See Rule 149-B]
Summons for Appearance or for Production of Documents.
From ........of Taluk........... District
To
Sri................son of......residing in.......... village of...........circle.
Whereas, for the purpose of an enquiry into........----(here specify the subject of the enquiry) your attendance is considered necessary to examine you as a parry to give evidence as a witness/to produce document you are hereby summoned to appear in person/by an authorised agent before the undersigned in his office on..........(here specify date)......at........ (here specify time) for the purpose of giving evidence/to produce the document specified in the margin or for both.
Given under my hand this day of..............
Signature
Designation
SEAL: (to be affixed if such Officer has a seal).
APPENDIX 50 Application for constructing the water course
FORM
50
[See Rule 150-B]
(Application for constructing the water course)
To
The Tahsildar, .............Taluka, .............District.
1. Name of the applicant
2. Address and Occupation
3. Father's Name
4. Particulars of land to which applicant wants to take water.
(i) Taluka
(ii) Village
(iii) Survey No. and Extent
(iv) Right or Interest held by applicant
5. Name of the neighbouring holder
6. Address and Occupation
7. Father's Name
8. Particulars of land through which water course is to be constructed.
(i) Taluka
(ii) Village
(iii) Survey No. and Extent
(iv) Right or interest held by the neighbouring holder
9. Agreement if any as to the direction and manner of construction of the water course
10. Documents produced.
(i) Certified copy of Records of Rights and Tenancy and crops particulars in respect of land to which applicant wants to take water and land through which water course is to be constructed;
(ii) Sketch of the land in question.
Signature or thumb mark of the applicant.
Place:
Date:
APPENDIX 51 Form of Agreement to be executed by the applicant in favour of the neighbouring holder
FORM
51
[See Rule 150-C]
Form
of Agreement to be executed by the applicant in favour of the neighbouring holder
This Agreement is executed on..........by.......S/o.......... (hereinafter referred to as the applicant) in favour of.............S/o...... .... aged........years residing at..............(hereinafter referred to as the neighbouring holder).
Whereas, the Tahsildar...............Taluka by his order No......... .dated..........has directed the neighbouring holder to permit the applicant to construct the water course in Sy. No..........situated.........
And, whereas, in pursuance of the above order the applicant hereby executes this agreement subject to the terms and conditions specified herein below.
(1) That the applicant undertakes to complete the water course within fifteen days from the date of this agreement in the manner and direction as agreed upon previously or in the manner and direction as directed by the Tahsildar in his Order No........dated........
(2) That the applicant hereby agrees to abide by all the terms and conditions specified under sub-section (2) of Section 90-A of the Karnataka Land Revenue Act, 1964 and such other terms and conditions as may be imposed by the Tahsildar in his order.
(3) That the applicant undertakes to pay such compensation as may be determined by the Tahsildar, in case of the applicant or his servant or agent or persons authorised by him were to commit breach of any of the terms and conditions specified in clause (2) of this agreement.
(4) That the applicant further agrees that he or his agent or servant or person authorised by him enter the land of the neighbouring holder only for work connected with the water course or for the work of the repairs or maintenance of the water course.
Witnesses Signature or thumb mark of the applicant. (1)(2) Signature or thumb mark of the neighbouring holder.
Place:
Date:
APPENDIX 52 FORM
FORM
52
[See Rule 108-C]
Application for Grant land unauthorisedly occupied:
1. Name of applicant 2. Age of applicant 3. Father's/Husband's Name 4. Address of the applicant 5. Occupation 6. Is he: (a) a member of the SC/ST (b) landless (c) insufficient holder/ marginal farmer 7. Gross Annual Income of the applicant 8. Particulars of the land under unauthorised occupation by the applicant. Dry Wet Garden Plantation District Village S. No. Ext. Use of land Taluk 9. Particulars of the land under unauthorised occupation by the applicant and applied for regularisation. Dry Wet Garden Plantation District Village S. No. Ext. Use of land Taluk 10. Since how long the land is under unauthorised occupation. 11. Particulars of the land already owned by the applicant inside/ outside the State Dry Wet Garden Plantation State Taluk & Sy.No. Ext. & Dist. Village 12. The total holding of land by applicant 13. Particulars of TT Fine paid, if any, (Enclose a copy of the receipt acknowledging payment made) - 14. Whether there is a separate access to the encroached land 15. Whether the situation of the encroached land is such that it can be enjoyed independently 16. Particulars of land previously granted to the applicant or any member of his/her family Dry Wet Garden Plantation Extent Sy. No. Village Taluk 17. Whether any other member of the family of the applicant has encroached upon the Government land and applied for its regularisation and if so, the details thereof. Dry Wet Garden Plantation Extent Sy. No. Village Taluk 18. Whether the applicant or any member of his/her family has previously applied for land and if so the particulars of the endorsement if any, received thereon.
Certified that the particulars furnished above are true and correct to the best of my knowledge.
Place:
Signature of the applicant.
Date:
ACKNOWLEDGEMENT
Registration No: Dated:
Received an application from Shri/Smt.........................for regularisation of unauthorised occupation of land in Sy. No................ ......of Village.............of Taluk.................
Receiving Clerk in the Office with Seal.
APPENDIX 53 FORM
FORM
53
[See Rule 108-C(2)]
Register of Applications for Regularisation of un-authorised occupation of lands of the Taluk/Districts.
1. Serial No Year 2. Date of Receipt of Application . . . 3. Name of the applicant and his address 4. Particulars of land applied for (i) Village (ii) Survey No. (iii) Description: Dry/Wet/Garden/ Plantation (iv) Extent (v) Assessment 5. Date of transmission to Revenue Inspector or Village Officer for report 6. Date of spot inspection by the Tahsildar/ Committee 7. Date of receipt of report 8. Estimated value and other particualrs of malki ... 9. Date of submission of the report to the sanctioning authority wherever necessary 10. Date of passing final orders and nature of such orders 11. Date of communication of the provisional sanctioning order 12. Date of payment of 1st instalment 13. Date of issue of provisional Saguvali Chit 14. Date of payment of IInd instalment 15. Date of payment of IIInd instalment 16. Date of issue of permanent Saguvali Chit 17. Remarks
APPENDIX 53A FORM
owtext .75pt; padding:0in 2.0pt 0in 2.0pt;height:15.85pt'>
Is he:
(a) a member of the SC/ST
(b) landless
(c) insufficient holder/marginal farmer
7.
Gross Annual Income of the applicant
8.
Particulars of the land under Village unauthorised occupation by the applicant, District Taluk
S.No.
Ext.
Use of land
Dry
Wet
Garden
Plantation
9.
Particulars of the land under unauthorised occupation by the applicant and applied for regularisation District Village Taluk
S.No.
Ext.
Use of land
Dry
Wet
Garden
Plantation
10.
Since how long the land is under unauthorised occupation
11.
Particulars of the land already owned by the applicant inside; outside the State.
State and District
Taluk and Village
Sy. No.
Ext.
12.
The total holding of land by applicant
13.
Particulars of TT Fine paid, of any, (Enclose a copy of the receipt acknowledging payment made).
14.
Whether there is a separate access to the encroached land
15.
Whether the situation of the encroached land is such that it can be enjoyed independently.
16.
Particulars of land previously granted to the applicant of any member of his/her family
Extent
Sy. No.
Village
Taluk
Dry
Wet
Garden
Plantation
17.
Whether any other member of the family of the applicant has encroached upon the Government land and applied for its regularisation and if so, the details thereof.
Extent
Sy. No.
Village
Taluk
Dry
Wet
Garden
Plantation
18.
Whether the applicant of any member of his/her family has previously applied for land and if so the particulars of the endorsement if any, received thereon.
Certified that the particulars furnished above are true and correct to the best of my knowledge.
Place: Signature of the applicant.
Date:
Acknowledgement
Registration No. Dated:
Received an application from Shri/Smt..............for regularisation of unauthorised occupation of land in Sy. No.........of Village.....of Taluk........
Receiving Clerk in the Office with seal.
APPENDIX 54 NOTICE
FORM 54
[See Rule 108-D]
NOTICE
It is hereby notified that where as Shri/Smt. ............... .............of.........................Village and Hobli.......... Taluk, as applied for the grant of land specified in the schedule below which is stated to be in his/her unauthorised occupation from.......................(here specify the date). It is proposed to grant................. (here specify the extent of land proposed to be granted) out of the.............. (here specify the total extent of land under unauthorised occupation) of land on payment of Rs..................(here specify the amount to be paid). Any person having objection to the proposed grant may send his objections to the undersigned, in writing, so as to reach him on or before................(here specify the date).
SCHEDULE
Place:
Tahsildar
Date:
Certified that the above notice was published by affixing it in...... ......(name of Chavadi of the Village) and in................ . . (name of the Panchayat Office) oh.............(date to be specified).
Village Accountant Revenue Inspector.
APPENDIX 54A Notice
FORM 54
[See sub-rule (1) of Rule 108-CC]
Notice
It is hereby notified that whereas Shri/Smt.......of......village, and Hobli.....Taluk has applied for the grant of land specified in the Schedule below which is stated to be in his/her unauthorised occupation from........ (here specify the date). It is proposed to grant..... .(here specify the extent of land proposed to be granted) out of the. . . . . .(here specify the total extent of land under unauthorized occupation) of land on payment of Rs.......(here specify the amount to be paid). Any person having objection to the proposed grant may send his objections to the undersigned, in writing, so as to reach him on or before..... .(here specify the date).
Schedule
Place:
Tahsildar
Date:
Certified that the above notice was published by affixing it in..... .(name of Chawadi of the village) and in. ..... .(name of the Panchayat Officer) on.......(date to be specified) Village Accountant Revenue Inspector
APPENDIX 55 List of persons eligible to grant of land unauthorisedly (sic)
FORM 55
[See sub-rule (2) of Rule]
List of persons eligible to grant of land unauthorisedly (sic)
SI. No. Year Date of Receipt of Application Name of the Applicant and his/her address Particulars of land applied for Village Sy. No. Description Dry/Wet/G arden/Plantation Extent Assessment (1) (2) (3) (4) (5) (6) (7) (8) (9)
APPENDIX 56 Register of applications for regularisation of unauthorised occupation of land of the Taluk/Districts
FORM 56
[See sub-rule (2) of Rule 108-CC]
Register of applications for regularisation of unauthorised occupation of land of the Taluk/Districts
(1) Serial No. Year
(2) Date of Receipt of Application
(3) Name of the applicant and his address
(4) Particulars of land applied for
(i) Village
(ii) Survey No.
(iii) Description/Dry/Wet/Garden/Plantation
(iv) Extent
(v) Assessment
(5) Date of transmission to Revenue Inspector or Village Officer for report
(6) Date of spot inspection by the Tahsildar/Committee
(7) Date of receipt of report
(8) Estimated value and other particulars of Malki
(9) Date of submission of the report to the sanctioning authority whether necessary
(10) Date of passing final orders and nature of such orders
(11) Date of communication of the provisional sanctioning order
(12) Date of payment of 1st instalment
(13) Date of issue of provisional saguvali Chit.
(14) Date of payment of II instalment
(15) Date of payment of III instalment
(16) Date of issue of permanent saguvali chit
(17) Remarks.     Â
KARNATAKA LAND GRANT RULES, 1969
In exercise of the powers conferred by Section 197 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), the Government of Karnataka, hereby makes the following rules, the draft of the same having been published as required by sub-section (1) of Section 197 of the said Act, in the Karnataka Gazette, dated 12th June, 1969 as GSR 204, dated 3rd June, 1969.
Rule1 Title and commencement
(1) These rules may be called the Karnataka Land Grant Rules, 1969.
(2) They shall come into force at once.
Rule2 Definitions
In these rules, unless the context otherwise require.
(1) "Act" means the Karnataka Land Revenue Act, 1964;
(2) "Agriculture" means.
(a) Horticulture;
(b) the raising of crops, grass or garden produce;
[(c) dairy farming, poultry farming, the use by an agriculturist of land held by him or a part thereof for the grazing of cattle, but does not include allied pursuits like breeding of live-stock, grazing (other than pasturage of ones own agricultural cattle) and such other pursuits as may be prescribed or the cutting of wood only.
22. Clause (d) inserted by GSR 90, dated 19-7-1985, w.e.f. 16-1-1986. [(d) aboriculture.]
(3) "Displaced holder" means a person who has been deprived of an agricultural land owned by him by acquisition of such land under the Land Acquisition Act;
(4) "Displaced tenant" means a person who has been deprived of agricultural land of which he was a tenant, on account of acquisition of such land under the Land Acquisition Act;
(5) "Ex-serviceman" means a person who has been permanently returned from the former Karnataka State Forces, the former Hyderabad State Forces or the former Indian Army or from the Armed Force of the Union;
(6) "Family" in relation to a person means such person, and if married, the wife or husband as the case may be, and the dependant children and grand children of such person;
(7) "Form" means a form appended to these rules;
(8) "Insufficient holder" means a person who is not a sufficient holder;
(9) "Plantation Crops" means Cardamom, Coffee, Pepper, Rubber and Tea;
(10) "Political Sufferer" means any person who on account of participation in the national movement.
(a) had been sentenced to imprisonment for not less than six months; or
(b) had been kept in detention (including detention as under trial prisoner) for not less than six months; or
(c) lost his job or means of livelihood or the whole or substantial part of his property.
(11) "Reserved trees" means Teak or Saguvani (technona grandis), black wood or Bite (Dalberigta Latifolia). Myrobolam or gallanut or Atale (Terminalinehebulal), yhile Cedar or Davangere (Dysoxtlum Malabaricum), Jalari (Shorea Lacorfera), Benteak or Nandi (Lewrstcoemia Lancellatta), Satin wood or Huragalu (Cloresylon Swietenia), Soapnut or Antawala (Saiondus Emerginatus), Karachi Kamara (Hardwhickia bintal), oil tree or Yenne mara (Hdrawickia Pinnata), Hebbhalasu (Artocarpus Hirsula), Ebony or Karimara or Bate (Disopyrose benum), Iron wood or Jombee (Xylia Xylocarpa), Poon-par, or Sarahonne (Calaphullumelatum), Chittagong wood (Chickrassia tabularis), Kiralbogi (Hopea Parviflora), Kachu or Kaggali (Acecia catechu), Bore (Ziypus Jujubal Sagade) (Scheleichere trijuga), Yethega (Venteak), (Aridina cordifolia), Tamarindus (Indica), Karimatti (Termina liattomntosall), Mavu (Mangitera indica), Kasarka (Stricanos nuxvomica), Alasu (Artacorpus integrifolio), Bili hatti (Terminalla arjana), Chop (Atlanthus Malberica), Sandal Tree (Santalum album), and such other trees as the State Government may, by notification, declare to be reserved trees for purposes of Karnataka Forest Act, 1963 (Karnataka Act 5 of 1964).
(12) "Section" means a section of the Act.
(13) "Soldier" means a person in the service of the Armed Forces of the Union and includes in the case of a soldier who has died while 11. Substituted for the words "engaged in operation for the defence of India" by GSR 15, dated 11-2-1991, w.e.f. 14-2-1991. [in service], the father, the mother, the spouse, the child and grand-child who were dependent upon such soldier at the time of his death:
Provided that if a question arises whether any person is soldier or whether any soldier died while 2[in service], such question shall be decided by the State Government and its decision shall be final.
(14) "To cultivate personally" and "Land possessing facilities for assured irrigation" shall have the same meaning as assigned to them in the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962);
(15) "Sufficient holder" means a person who owns not less than four hectares of garden or wet land possessing facilities for assured irrigation or 8 hectares of dry or rainfed wet land.
Explanation. If a person owns more than one class of land, the extent owned by him for purposes of this clause shall be determined by converting the extent of different classes of lands into the equivalent extent of lands as follows: One hectare of garden land or one hectare of wet land possessing facilities for assured irrigation shall be deemed to be equivalent to two hectares of rainfed wet land or dry land.
(16) Words and expressions used in these rules, but not defined shall have the meaning assigned to them in the Karnataka Land Revenue Act, 1964 and rules thereunder.
Rule3 Preparation and publication of list of lands available for disposal
(1) For determining the lands available for disposal in any village the Tahsildar of the taluk shall prepare a list of lands which have been or have to be assigned for special purposes under 11. Substituted for the words and figures "Section 71 of the Act" by GSR 424, dated 22-12-1971, w.e.f. 30-12-1971. [Section 71 of the Act and the lands which have been classified as belonging to Categories C and D by the Department of Agriculture] and the lands which have been classified as belonging to categories C and D by the Department of Agriculture. 22. Substituted for the words "Unoccupied lands" by GSR 424, dated 22-12-1971, w.e.f. 30-12-1971. [Unoccupied lands other than lands classified as belonging to Categories C and D by the Department of Agriculture] other than lands classified as belonging to categories C and D by the Department of Agriculture fit for cultivation remaining after reserving sufficient extent for the aforesaid special purposes, shall be included in the list of lands available for disposal.
(2) Such lists in so far as they relate to all the villages in a taluk shall be notified in the Taluk Office and so far as they relate to each village shall be notified in the Chavadi of the Village and the Office of the 33. Substituted for the words "Village Panchayat" by Notification No. RD 59 LGP 99, dated 22-1-1999, w.e.f. 24-1-2000. [Grama Panchayat]. The list relating to each village shall be available for inspection with the concerned Village Accountant.
(3) Every list shall be prepared, revised and brought up-to-date each year and notified not later than the 1st day of July of that year.
Rule4 Persons eligible for grant of land for agricultural purposes
(1) Lands available for disposal may be granted for agricultural purposes under these rules to a person.
(i) who has attained the age of eighteen; and
11. Item (ii) of sub-rule (1) substituted by GSR 314, dated 10-12-1987, w.el 11-12-1987. [(ii) whose gross annual income does not exceed rupees eight thousand; and]
(iii) who is either a bona fide agriculturist cultivating the land personally or has bona fide intention to take up personal cultivation; and
(iv) who is not a sufficient holder:
22. Provisos to sub-rule (1) substituted by GSR 382, dated 7-11-1970, w.e.f. 12-11-1970. [Provided that in the case of Ex- servicemen and Soldiers, lands may be granted, if the gross annual income of the applicant 33. Substituted for the words "does not exceed rupees five thousand" by GSR 314, dated 10-12-1987, w.e.f. 11-12-1987. [exceed rupees eight thousand 'but less than 44. Substituted for the words "rupees twelve thousand" by GSR 985, dated 31 -8-1991, w.e.f. 2-9-1991. [rupees twenty thousand:]]
Provided further that the extent of land granted to any person shall not together with the land already held by such person exceed the limits prescribed for a sufficient holder in Rule 2(15).]
(2) Notwithstanding anything contained in sub-rule (1) any person may be granted the land adjacent or close to the land already held by him on collection of market value as on the date of grant to be determined by the authority granting the land, if such land is, in the opinion of such authority required for better enjoyment or better cultivation of the land so held:
Provided that no such grant shall be made of an extent exceeding in the case of wet or garden land half hectare and in the case of dry land one hectare and that the total extent of land held after such grant does not exceed the ceiling area according to the Karnataka Land Reforms Act, 1961.
Rule5 Reservations
(1) The land available for disposal in any village shall be granted observing the reservations indicated below.
(i)Ex-servicemen and Soldiers-10 per cent
(ii)Persons belonging to Scheduled Castes and Scheduled Tribes-50 per cent
11.. Item (ii-a) inserted by GSR 365, dated 5-12-1977, w.e.f. 7-12-1977. (ii-a) Backward Tribes-5 per cent
(iii) Political sufferers-10 per cent
(iv) Others-22. Substituted for the figures and words "30 per cent" by GSR 365, dated 5-12-1977, w.e.f. 7-12-1977. 25 per cent
(2) Where the extent reserved under (ii) and (iii) is in excess of the extent that can be granted to the persons belonging to those categories, the excess land shall with the approval of the Deputy Commissioner be disposed of among persons in category (iv).
33. Explanation to sub-rule (2) inserted by GSR 365, dated 5-12-1977, w.e.f. 7-12-1977, [Explanation. "Backward Tribes" means the Backward Tribes, as mentioned in the list appended to the Government Order No. SWL 12 TBS 77, dated 22nd February, 1977.]
(3) Notwithstanding anything in sub-rule (1), where the land available for disposal in village is less than four hectares, the whole of such land shall be disposed of to persons belonging to the Scheduled Castes and Scheduled Tribes who are ordinarily residents of such village or who reside in the neighbouring village and where no persons belonging to Scheduled Castes and Tribes apply, it shall be disposed of to others.
Rule5A Lands disposed of to Scheduled Castes and Scheduled Tribes in a Taluk to be not less than fifty per cent
Where, in any taluk, the total extent of lands disposed of from the date of commencement of these rules till the date of commencement of the Karnataka Land Grant (Amendment) Rules, 1979, to persons belonging to Scheduled Castes and Scheduled Tribes is less than fifty per cent of the lands which were available for disposal in the taluk during that period then until such disposal reaches such percentage for the taluk, the percentage of reservation of lands in each village in the taluk shall be 1[five per cent for the purpose of item (i) of sub-rule (1) of Rule 5 in respect of ex-servicemen and soldiers, seventy-five per cent for the purpose of item (ii) of the said sub-rule in respect of persons belonging to Schedule Castes and Scheduled Tribes, five per cent for the purpose of item (iii) of the said sub-rule in respect of political sufferers and ten per cent for the purpose of item (iv) of the said sub-rule in respect of others.
Rule6 Order of Priority
In disposing of land among persons belonging to Category (iv) of sub-rule (1) of Rule 5, the following order of priority shall be observed.
(i) landless persons residing in the village;
(ii) insufficient holders residing in the village;
(iii) landless persons residing in other villages in the same or adjacent taluk;
(iv) others:
Provided that when Government directs under Section 71 of the Act that in any particular area Government land shall be reserved for grant to displaced persons and tenants affected by any Government 22. The word "Irrigation" omitted by GSR 382, dated 7-11-1970, w,e.f. 12-11-1970. [x x x x x] Project, provisions of Rules 5 and 6 will not apply.
Rule7 Powers of Revenue Officers to grant lands
(1) The following Revenue Officers shall be competent to grant land for agricultural purposes other than cultivation of plantation crops to the extent noted against each.
(i) Tahsildar in charge of a Taluk. Up to two hectares of dry land or one hectare of wet land or garden land;
(ii) Assistant Commissioner in-charge of the Revenue Sub- Division or any Assistant Commissioner in a District to whom the powers of the Deputy Commissioner to grant lands are delegated.
(iii) Deputy Commissioner of a District. Not exceeding six hectares of dry land or three hectares of wet or garden land;
(iv) Divisional Commissioner. Exceeding six hectares of dry land or three hectares of wet or garden land but not exceeding ten hectares of dry land or five hectares of wet or garden land;
(v) In any other case in excess of the extent specified in sub-clause (iv), the proposals shall be submitted to Government for sanction.
(1A) Notwithstanding anything contained in sub-rule (1), where Special Assistant Commissioners for grant of land under these rules are appointed, the Revenue Officers specified in items (i) and (ii) of sub- rule (1) shall not be competent to grant land and the said Special Assistant Commissioners shall, within their jurisdiction, be competent to grant land for the purpose specified in sub-rule (1) upto four hectares of dry land or two hectares of wet or garden land.
(2) For the purpose of cultivation of plantation crops, the Deputy Commissioner of a district may grant lands upto an extent of 10 hectares and the Divisional Commissioner may grant lands upto an extent of fifteen hectares. In all other cases the proposals have to be submitted to Government for sanction.
(3) For non-agricultural purposes other than building sites the following Revenue Officers may subject to the provisions of Rule 10(3) grant lands to the extent noted against each on collection of market value which should include conversion fine also to be determined by them.
(i) Deputy Commissioner. Up to an extent of four hectares;
(ii) Divisional Commissioner. Exceeding four hectares but not exceeding 8 hectares;
(iii) In any other case in excess of the extent specified in sub-clause (ii) the proposals shall be submitted to Government for sanction.
Rule8 Procedure for grant of lands for agricultural purposes
(1) Any person who under these rules is eligible for grant of lands for agricultural purposes shall make an application in writing to the Tahsildar of the taluk in Form 1 giving the following particulars.
(i) name, age and address of 11. Substituted for the words "the applicant" by Notification No. RD 68 LGP 87, dated 17-12- 1999, w.e.f. 18-12-1999. [the applicant and his wife];
(ii) the extent and particulars of the land asked for namely, survey number, village, taluk, sub-division in which the land is situated;
(iii) the extent and details of the land if any already owned or held by him or by any member of his family;
(iv) whether he belongs to the scheduled caste or the Scheduled Tribe or is a displaced person, displaced holder, displaced tenant, an ex-serviceman, soldier or political sufferer;
(v) whether he or any member of his family had previously applied for land, if so, the particulars of the endorsement received thereon;
(vi) the particulars of any land previously granted to him or any member of his family.
(2) Immediately on receipt of such application, the Tahsildar shall cause the particulars of the application to be entered in a register which shall be in Form 11 kept in his office.
(3) The Tahsildar shall after the last day of September of each year scrutinise the applications received and classify them according to the priorities specified in Rule 6. Applications received after 30th November, 1969 (for the year 1969) and after 30th September (subsequent years) shall be scrutinised and classified by the Tahsildar once a month.
(4) Thereafter, the Tahsildar shall make such enquiry as he thinks fit and if satisfied that the applicant is eligible under these rules for the grant of land applied for he may, subject to the provisions of Rules 11. Substituted for the figures and word "5, 6 and 1" by GSR 297, dated 31-8-1972, w.e.f. 1-9-1972. [5,6, 7 and 24] pass an order granting the land:
22. Proviso inserted by Notification No. RD 68 LGP 87, dated 17-12-1999, w.e.f. 18-12-1999. [Provided that such an order may be passed in the joint name of the applicant and his wife, where the Tahsildar is satisfied that the wife is living with the applicant and she fulfills the requirement as to eligibility and other conditions referred to under these rules for the grant of land.]
(5) Where the land applied for is not available for grant or the Tahsildar is satisfied that the applicant is not eligible for grant, he may reject the application and inform the applicant accordingly.
(6) 33. Substituted for the words "Where the extent of land applied for is more than the extent of land which the Tahsildar is competent to grant" by GSR 223, dated 14-7-1971. w.e.f. 22-7-1971. [Where the Tahsildar is not competent to grant land under these rules or where the extent of land applied for is more than the extent of land which he is competent to grant] he shall submit the application to the Officer who is competent under these rules to grant such extent of land along with the report in the matter and such competent officer may pass orders granting the land.
(7) The Tahsildar shall record a certificate whenever the grant of land is taken up to the effect that the reservations specified in Rule 5 have been observed.
Rule9 Conditions of grant
(1) The grant of lands under these rules 11. Inserted by GSR 300, dated 1-9-1972, w.e.f. 7-9-1972. [for agricultural purposes] shall be subject to the following conditions namely.
(i) the grantee shall not alienate the land for a period of fifteen years from the date of taking possession: Provided that he may, after a period of five years, with the previous permission of, and subject to 2[the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibhition of Transfer of Certain Lands) Act, 1978 (Karnataka Act 2 of 1979), and] such conditions as may be specified by the Deputy Commissioner, alienate the whole or any portion of such land. But however, the Deputy Commissioner shall not grant such permission unless he is satisfied that the alienation is for the purpose of acquiring other land or for improving the remaining land and the grantee credits to Government an amount equal to fifty per cent of the market value of such land as on the date of sanction of such alienation as determined by the Deputy Commissioner:
Provided that no person who has obtained permission to alienate land under the rule shall, notwithstanding the provisions of Rule 4 be eligible for grant of any Government Land.
(ii) the land granted shall be brought under cultivation within three years from the date of taking possession:
Provided that the Deputy Commissioner, may, if he is satisfied that the grantee could not do so for bona fide reasons extend the aforesaid period upto 5 years;
(iii) the grantee shall cultivate the land personally;
11. Clause (iii-a) inserted by GSR 93, dated 6-3-1975, w.e.f. 3-4-1975. (iiia) where the land is granted for coffee cultivation the grantee shall apply within the period specified in Section 14 of the Coffee Act, 1942 (Central Act 7 of 1945) to the Registering Officer appointed under the said section to be registered as an owner of such land;
(iv) the land shall not be appropriated for any purpose other than that for which it was granted, except with the prior approval of the Granting Authority who may grant such permission subject to such conditions as he may consider proper and subject to payment of additional upset price as he may consider fit provided the conversion is for a non-agricultural purpose and the price is within the maximum specified in Rule 12;
22. Clause (iv) inserted by GSR 162, dated 20-5-1977, w.e.f. 2-6-1977. (iva) the grantee shall within a period of one year from the date of his taking possession of the granted land plant and maintain not less than one tree per every 10 (ten) acres of land or ten trees per hectare of land, at his cost. In case the tree/trees planted were to die or get damaged due to causes beyond his control, he shall replant in its place another tree/trees and rear them;]
(v) for contravention of any of the above conditions the grant shall be liable to be cancelled and resumed to Government free from all encumbrances by the authority granting the land:
Provided that before cancelling the grant, the grantee is afforded with an opportunity of being heard. Provided further that where the grant has been cancelled for non-payment of upset price, the Deputy Commissioner may restore the grant on payment of upset price with a penalty of 10 per cent of the upset price, within a period of 2 years after the grant if the land in question has not been disposed of otherwise.
(2) The following shall not be regarded as alienation for purposes of sub-rule (1).
(a) mortgage of the land in favour of State Government or a Co-operative Society or the Indian Coffee Board or a Scheduled Bank 33. Inserted by GSR 382, dated 7-11-1970, w.e.f. 12-11-1970. [or the Agricultural Refinancing Corporation or the Karnataka State Agro Industries Corporation] for loans obtained for improvement of such land or for buying cattle or agricultural implements for the cultivation of such land; and
(b) leasing of the land in accordance with the provisions of the Karnataka Land Reforms Act. 1961,
11. Sub-rule (3) inserted by GSR 300, dated 1-9-1972, w.e.f. 7-9-1972. (3) The grant of lands other than building sites under these rules, for non-agricultural purposes shall be subject to the following conditions, namely.
(i) the land shall be utilised for the purpose for which it was granted within two years from the date of taking possession:
Provided that the authority granting the land may, if satisfied, that the grantee could not for bona fide reasons utilise the land within the said period, by order, in writing, extend the time for a further period not exceeding two years;
(ii) the land shall not be appropriated for any purpose other than that for which it was granted except with the prior approval of the Granting Authority who may grant such permission subject to such conditions as he may consider proper and fit;
(iii) for contravention of any of the above conditions, the grant shall be liable to be cancelled and resumed by the Granting Authority, free from all encumbrances and without payment of any compensation.
Rule10 Restriction on disposal of land in certain cases
(1) No land with more than fifty reserved trees in a hectare shall be disposed of for cultivation except under the orders of the Deputy Commissioner.
22. Sub-rule (2) substituted by GSR 382, dated 7-11-1970, w.e.f. 12-11-1970 [(2) No land.
(i) within the municipal limits of the City of Bangalore and in any village situated within a radius of sixteen kilometres from the municipal limits of the City of Bangalore:
33. Proviso to clause (i) inserted by GSR 288, dated 18-9-1978, w.e.f. 19-9-1978. [Provided that the Deputy Commissioner may, if satisfied that any such land is not required for a public purpose grant such land for agricultural purposes;] or
(ii) within the municipal limits of cities of Mysore, Davangere, Mangalore, Hubli-Dharwar, 1[Belgaum], Kolar Gold Fields area and Bagalkote Town in any village situated within a radius of seven kilometres from the municipal limits of the said places; or
(iii) within the municipal limits of District Headquarters and towns of Gadag-Betegeri and Dandeli and in any village situated within a radius of five kilometres from the municipal or town limits of the said places; or
(iv) within the municipal limits of Taluk Headquarters and towns connected by railway and in any village situated within a radius of three kilometres from the municipal or town limits of the said places; or
(v) within the limits of other municipalities, other Taluk Headquarters and Town Panchayats and in any village situated within a radius of one and a half kilometre from the said places, shall be granted under these rules for the purpose of agriculture.
Explanation. For the purpose of this sub-rule, if the headquarters, gramathana or chavadi of a village is within the radius specified in this sub-rule, the whole of such village shall be deemed to be within the radius specified in this sub-rule;
(vi) One mile from the municipal limits of other Taluk Headquarters, towns and other Municipal and Panchayat town; shall be granted under these rules for the purpose of agriculture:]
(3) Notwithstanding anything contained in Rules 7(3) and 18, lands within the radius specified in sub-rule (2) shall not be granted for non-agricultural purposes without the previous approval of the State Government:
22. First Proviso to sub-rule (3) inserted by GSR 41, dated 17-1-1972, w.e.f. 27-1-1972. [Provided that such approval shall not be necessary for grant of building sites within the radius specified in clauses (iii), (iv) and (v) of sub-rule (2) excluding the municipal limits of District Headquarters:]
33. Second Proviso to sub-rule (3) inserted by GSR 180, dated 11-10-1994, w.e.f. 15-11-1994. [Provided that such approval shall not be necessary for grant of building sites within the radius specified in clauses (iii), (iv) and (v) of sub-rule (2) excluding the Municipal limits of District Head Quarters.]
Rule11 Disposal of tree growth on lands granted
(1) The value of all trees standing on the land granted under these rules shall be assessed by the authorities of the Forest Department.
11. Sub-rules (2) and (3) substituted by GSR 10, dated 30-12-1986, w.e.f. 6-1-1987. [(2) Where the value of trees so assessed is not more than rupees twenty-five thousand in case of lands granted for the cultivation of planation crops and is not more than rupees five thousand in case of other lands, the grantee should be given the option of paying that estimated price within a time to be stipulated by the granting authority and the trees sold to him. If he once agrees to pay the value of trees the default should occasion cancellation. If the grantee is not willing to pay the value of trees assessed by the Forest Department, the trees shall be disposed so by the authorities of the Forest Department by tender-cum-auction sale.
(3) Where the value of trees so assessed is more than Rupees Twenty-five thousand in case of land granted for the cultivation of Planation Crops and is more than Rupees Five thousand in case of other Lands the Trees shall be removed by the authorities of the Forests Department within One Year from the date of the grant of land:
Provided that the Divisional Commissioner may, on the recommendation of the Divisional Forest Officer having jurisdiction over the area in which such land is situate, extend the period by one more year, and, in exceptional circumstances, by such further period as to coincide with the end of one more working season.
(4) If within the aforesaid period, such trees are not so removed, the trees may be sold to the grantee of the land on payment of the value of such trees as assessed by the authorities of the Forest Department with reference to the prevailing market rate.
(4A) Subject to the provisions of sub-rule (4) in cases where trees standing on the land granted are required by these rules, to be removed by the authorities of the Forest Department, possession of the land shall not be given until such trees are removed by the authorities of the Forest Department:]
(5) Where the grantee desires that any fruit yielding trees like 'Mavu', 'Halsu', 'Nerale', 'Hunse', 'Neli', 'Seethaphal, 'Cashew' and any manural trees like 'Honge', 'Seemethangadi', 'Basavanapada' and 'Glyricidia' standing on such land be granted to him, such trees shall not be extracted or disposed of by the authorities of the Forest Department, if the grantee pays the value of such tree or trees assessed by the authorities of the Forest Department.
Rule12 Price payable for the land granted under these rules
(1) In respect of lands granted under these rules for purpose of agriculture.
(i) the price payable for dry land and rainfed wet land shall be, not less than fifty times and not more than two hundred times the land revenue payable on such land;
(ii) the price payable for garden lands or wet lands with assured irrigation facilities from tanks or channels shall ordinarily be not less than rupees five hundred and not more man two thousand five hundred rupees per hectare.
(2) Notwithstanding anything contained in sub-rule (1), where the land is very valuable, the Deputy Commissioner or the other Officer authorised by him in this behalf may sell such land by public auction.
(3) The price payable in respect of lands granted for cultivation of plantation crops shall be the market value of such land to be determined by the Deputy Commissioner subject to a minimum of one thousand two hundred and fifty rupees per hectare:
Provided that where the market value is lower than the minimum prescribed in Rules 1(1) and (3), it shall be competent to the granting authority to grant the land on collection of market value: y
11. Second proviso inserted by GSR 424, dated 22-12-1971, w.e.f. 30-12-1971. [Provided further that in respect of lands granted 2[for coffee, tea, cardamom or rubber cultivation] to persons belonging to Scheduled Castes and Scheduled Tribes, who are members of a Co-operative Society which grants loan to its members, for cultivation of plantation crops, the price payable for such land shall be recovered at the time the lands are confirmed in their favour:]
33. Third proviso inserted by GSR 12, dated 28-12-1971, w.e.f. 6-1-1972. [Provided further that where a person who owns 44. Substituted for the words "coffee lands" by GSR 294, dated 31-8-1976, w.e.f. 9-9-1976. [coffee, tea, cardamom or rubber lands] not exceeding ten acres in extent or a person who does not own any lands applies for lands 55. Substituted for the words "for growing coffee" by GSR 294, dated 31-8-1976, w.e.f.9-9-1976. [for growing coffee, tea, cardamom or rubber] he may be granted lands upto five acres or an
11. Sub-rule (3-A) inserted by GSR 243, dated 14/15-9-1973, w.e.f. 20-9-1973. [(3-A) In respect of the lands granted for cultivation of plantation crops, if the Deputy Commissioner is satisfied that the grantee is unable to pay in a lumpsum the price of the lands granted, he may, for reasons to be recorded in writing, permit the grantee to pay the value of such land in three equal annual instalments. The first instalment shall be recovered before the grantee is given possession of the land.]
22. Sub-rule (3-B) inserted by GSR 257, dated 22-11-1982, w.e.f. 16-12-1982. [(3-B) Notwithstanding anything contained in sub-rule (3) of this rule, the price payable in respect of lands granted for coffee cultivation to the persons belonging to the Scheduled Castes and Scheduled Tribes shall be Rs. 250/- (rupees two hundred and fifty only) per hectare.]
(4) The authority granting the land may waive upto seventy-five per cent the upset price subject to a maximum of rupees five hundred payable under sub-rule (1) in respect of lands granted to persons belonging to the Scheduled Castes and Scheduled Tribes and to persons who are unable to pay the price on account of poverty, and direct that the balance be recovered in three annual instalments. But the Deputy Commissioner may waive the entire price payable if the amount does not exceed rupees five hundred: 3[Provided that the authority granting the land shall waive in full the upset price under sub-rule (1) in respect of.
(i) dry lands granted to persons belonging to Scheduled Castes and Scheduled Tribes and Backward Classes; and
(ii) wet lands granted to persons belonging to the Scheduled Castes and Scheduled Tribes.
Explanation. In this proviso Backward classes are those mentioned as Backward Classes in the order made by the State Government from time to time under clause (4) of Article 15 of the Constitution.]
44. Sub-rule (5) inserted by GSR 206, dated 2-5-1972, w.e.f. 25-5-1972. [(5) Notwithstanding anything contained in sub-rule (1) of this rule, no price shall be payable in respect of lands granted to 55. Substituted for the words "Ex-servicemen and soldiers" by GSR 381, dated 12-12-1977, w.e.f. 22-12-1977. [Ex-servicemen, soldiers and political sufferers] upto 3.2 hectares of dry land or 1.6 hectares of garden land or wet land with assured irrigation facilities from tanks or channels.]
Rule13 Land not already assessed to be assessed before it is disposed of
11. Rule 13 renumbered as sub-rule (1) thereof by GSR 6, dated 26-12-1977, w.e.f. 2-1-1978. [(1) Where any land to be disposed of under these rules has not been assessed, it shall be assessed in accordance with the provisions applicable to assessment of land. The land should be surveyed and demarcated and boundaries fixed before possession is given to the grantee, 22. The words "The charges incurred for such survey and demarcation shall be recovered from the grantee" omitted by GSR 6, dated 26-12-1977, w.e.f. 2-1-1978. [x x x x x.]
33. Sub-rule (2) inserted by GSR 6, dated 26-12-1977, w.e.f. 2-1-1978. [(2) A fee of Rs. 25 shall be recovered from the grantees towards charges incurred for survey and demarcation:
Provided that in the case of persons belonging to Scheduled Castes, Scheduled Tribes and Weaker Sections, no fee shall be recovered towards charges incurred for survey and demarcation.]
Rule14 Grant of salt-marsh lands for reclamation
Salt land or land occasionally overflowed by salt water which is not required or likely to be required for salt manufacture, be leased for purpose of reclamation by the Deputy Commissioner, on the following terms.
(a) free of rent for the first ten years;
(b) on payment of rent at the rate of two rupees per hectare for the next twenty years on the total area so leased whether reclaimed or not;
(c) after the expiry of thirty years, the lease may be continued in the case of reclaimed lands at the rate at which they would be assessed to land revenue from time to time if they were subject to survey settlement; and in the case of un-reclaimed lands, if any, at the average rate for reclaimed lands;
(d) no rent shall be levied for any portion used for the public roads;
(e) if the reclamation is not carried on with due diligence within two years from the date of lease or if half the area is not reclaimed so as to be in a state fit for use for agricultural purpose at the end of ten years, or any land once reclaimed as aforesaid is not maintained in a state fit for use for agricultural purposes the lease shall be liable to cancellation at the discretion of the Deputy Commissioner:
Provided that the lessee shall have, during the first ten years, the right to relinquish any area which he cannot reclaim;
(f) If the land reclaimed is used for any non-agricultural purpose, the rent shall be liable to be revised in accordance with these rules even though the periods specified above have not expired.
Rule15 Grant of lands near Coast
(1) No lands near the sea coast within 11. Substituted for the words "two hundred metres" by GSR 99, dated 11-5-1993, w.e.f 20-5-1993. [five hundred metres] of the high watermark of the sea which is the property of the State Government shall be granted except as hereinafter specified.
(2) The Deputy Commissioner shall permit casurina, palm trees and coconut plantations to be raised in lands 22. Substituted for the words "hundred yards" by GSR 382, dated 7-11-1970, w.e.f. 12-11 1970. [one hundred metres] above the high watermark of the localities which are not less than 3[half a kilometre] from the nearest villages subject to levy of full assessment in the area from the year in which licence is issued. The assignment of such lands shall be made with the previous permission of the Divisional Commissioner.
(3) The Deputy Commissioner may also in consultation with the Director of Fisheries and Port Officers, assign lands near the coast for the erection of fish oil and fish guano factories or on lease renewable annually to fishermen for erecting temporary dwelling. No grant shall be made unless the applicant has previously obtained a licence from the Competent Authority for the establishment of a factory on the site.
Rule16 Grant of land for cultivation of plantation crops
(1) The grant of land for cultivation of plantation crops may be made to any person subject to the condition that the total holding under plantation crops of such person together with the area to be granted shall not exceed fifty hectares:
Provided that.
(i) the extent of land granted for cardamom, coffee, tea and rubber cultivation shall not in the first instance exceed ten hectares;
(ii) the extent of land granled for pepper cultivation shall not in the first instance exceed five hectares:
Provided further the grant of lands under this rule is subject to the provisions of Rules 7 and 9.
11. Sub-rule (2) omitted by GSR 93, dated 6-3-1975, w.e.f. 3-4-1975. [(2) x x x x x.]
(3) In respect of lands required for coffee cultivation, the Indian Coffee Board shall be consulted as to the fitness or otherwise of the lands for cultivation of coffee. If the Coffee Board is of the opinion that prima facie the land is fit for cultivation, the competent Officer may dispose of the application on merits. If the Coffee Board is not of such opinion, the application shall be rejected.
Rule17 Grant of land for Cashewnut cultivation
An extent of land not exceeding five hectares may be granted on collection of market value by the authority competent to grant lands under Rule 7 for cultivation of cashewnut subject to the condition that the total holding under cashew cultivation of such applicant does not exceed ten hectares:
Provided that the extent of land granted shall not together with the land already held by the grantee exceed the ceiling area specified in the Karnataka Land Reforms Act, 1961.
Rule17A Procedure for grant of land for own agricultural purposes
22. Rule 17-A inserted by GSR 147, dated 9-5-1973, w.e.f. 14-6-1973. (1) Any person desiring the grant of land for any non- agricultural purposes shall make an application to the Tahsildar of the taluk in which the land is situated furnishing the following particulars.
(i) name, age (if the applicant is an individual) and address;
(ii) the extent and particulars of land applied for, namely, survey number, village, taluk and sub-division in which the land is situated;
(iii) if the applicant is an individual, whether he or any member of his family had previously applied for the said land, if so, the particulars of such application;
(iv) the particulars of any land previously granted;
(v) if the applicant is an individual, the particulars of any land previously granted to any member of his family;
(vi) the purpose for which the land is required.
(2) On receipt of such application, the Tahsildar shall cause the particulars of the application to be entered in a register to be kept for the purpose. The Tahsildar shall make such enquiry as he thinks fit with a view to satisfy himself that the applicant has bona fide intention of using the land for the purpose for which it has been applied for. If the land applied for is available for grant, the Tahsildar shall submit a report to the Deputy Commissioner along with the application and the connected records.]
Rule18 Grant of building sites
(1) The Deputy Commissioner may grant building sites after reserving 18 per cent of the sites available for the members of the Scheduled Castes and Scheduled Tribes where necessary subject to all or any of the following conditions, on payment of such price as he may fix which shall not except in specially deserving cases be less than the market value of such site:
Provided that no site shall be granted to a person who owns a home or a site within the village, town or city concerned 11. Substituted for the words "and who has been" by GSR 323, dated 12-10-1971. w.p.f. 21-10-1971. [or who has been] granted a site by any authority during the last twenty years.
(a) the site shall not be tenanted for a period of five years from the date on which the grantee takes possession of the site. If the grantee desires to alienate the site after five years and within a period of fifteen years, previous sanction of the Deputy Commissioner shall be obtained. The Deputy Commissioner may sanction such alienation, after recovery of the amount equal to fifty per cent of the market value of such site on the date of sanction: Provided that mortgage of the site in favour of 22. Tnsortec) bv fWR 281, dated 4-8-1972. w.p.f. 17-8-1972. [the State Government or] the Karnataka Housing Board or a House Building Co-operative Society or a Scheduled Bank or Life Insurance Corporation of India for obtaining loan for construction of building or improvement of building shall not be regarded as alteration for the purpose of this rule;
(b) the grantee shall not use the site for any purpose other than that for which it is granted;
11. Clause (bb) and the proviso inserted by GSR 300, dated 1-9-1972, w.e.f. 7-9-1972. [(bb) the grantee shall utilise the site for the purpose for which it was granted within two years from the date of taking possession: Provided that the authority granting the site may, if satisfied, that the grantee not for bona fide reason utilise the site within the said period, by order, in writing, extend the time for a further period not exceeding two yeas;]
(c) the utilisation of the grant shall be subject to any law relating to the Local Authority having jurisdiction over the area in which the site is situated;
(d) contravention of any of the aforesaid conditions shall render the building site liable to resumption at the discretion of the Deputy Commissioner without payment of any compensation to the grantee.
(2) Where a building site cannot with advantage be granted as an independent site, the adjoining holder, if he so desires, may be granted such site at such value as the Deputy Commissioner may determine.
(3) Notwithstanding anything contained in these rules, the Deputy Commissioner, may grant sites on payment of upset price fixed by him for any educational or charitable institution or to a public authority and free of charge to persons belonging to 2[Scheduled Castes or Scheduled Tribes or to a siteless person of the village whos annual income including that of his family, does not exceed 3[rupees eight thousand and four hundred.]]
(4) When a building site is reserved for a specific purpose, the Deputy Commissioner may lease such site temporarily, for a period not exceeding twelve months, subject to recovery of rent to be fixed by him having regard to the circumstances and the purpose in each case.
44. Sub-rule (5) substituted by GSR 382, dated 7-11-1970, w.e.f. 12-11-1970. [(5) A building site to be granted under this rule shall not exceed 55. Substituted for the words "five acres" by GSR 180, dated 11-10-1994, w.e.f. 15-11-1994. [five ares.]]
(6) Notwithstanding anything stated in this rule or in the Government Notification No. RD 26 GNA 69, dated 21st June, 1969, it shall be competent, for the Tahsildar of a Taluk to grant building sites not exceeding 66. Substituted for the words "two acres" by GSR 180, dated 11-10-1994, w.e.f. 15-11-1994 [two 11. Substituted for the words "Village Panchayat" by Notification No. RD 59 LGP 99, dated 22-1-2000, w.e.f. 24-1-2000. [Grama Panchayat] in the taluk and not exceeding 22. Substituted for the words "one acre" by GSR 180, dated 11-10-1994, w.e.f. 15-11-1994. [one are] in Town Panchayat limits, to poor residents without the Panchayat limits who do not own any house or a building site:
33. Proviso to sub-rule (6) inserted by GSR 247, dated 15-6-1972, w.e.f. 29-6-1972. [Provided that in such areas as the State Government may, by notification specify, the Officers specified in such notification shall be and the Tahsildar of the taluks shall not be competent within their respective jurisdiction to grant building sites to the extent and subject to the conditions specified in this sub-rule.]
Rule18A Grant of land for House Site Scheme, etc
44. Rule 18-A inserted by Notification No. RD 89 LGP 99, dated 9-2-2000, w.e.f. 9-2-2000. Notwithstanding anything contained in these rules.
(i) the Deputy Commissioner may make available the land belonging to the State Government for the purpose of grant of house sites to siteless persons under any scheme as may be framed by the Government from time to time;
(ii) committee, if any, constituted under such scheme shall subject to the general or special orders of the Government in the concerned Department select the beneficiaries under the relevant scheme and send the list of selected beneficiaries to the Tahsildar; and
(iii) the Tahsildar or any other officer specified by the Government shall on receipt of such list of selected beneficiaries grant house sites to the beneficiaries and also issue grant certificate in such manner and subject to such restrictions and conditions as may be specified by the concerned Department of the Government from time to time.]
Rule19 Lease of lands
(1) The Deputy Commissioner may, subject to availability, lease lands to.
(a) Educational Institutions;
(b) Co-operative Farming Societies;
(c) 11. Substituted lor the words "Village Panchayats and Taluk Development Boards" by Notification No. RD 59 LGP 99, dated 22-1-2000, w.e.f. 24-1-2000. [Grama Panchayats, Taluk Panchayats and Zilla Panchayats]; and
(d) Any Company or Association for purposes of agriculture, industry, or any public utility.
(2)
(a) The extent of land to be leased in favour of the Educational Institutions such as Schools, Colleges, Training Institutions for social welfare workers and students (other than the Government Schools, Colleges and Hostels) recognised by the Director of Public Instruction or any other authority for cultivation by the students of the institution hectares in each case;
(b) the extent of land that may be leased in favour of the Co-operative Fanning Societies registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act II of 1959), for cultivation, shall be determined by the Deputy Commissioner with reference to the number of members of the Society on the basis of two hectares per each member of the Society;
(c) the extent of land that may be leased in favour of a 22. Substituted for the words "Village Panchayats or a Taluk Development Board" by Notification No. RD 59 LGP 99, dated 22-1- 2000, w.e.f. 24-1-2000. [Grama Panchayat, Taluk Panchayat or a Zilla Panchayat] raising vegetable gardens and fruit trees, and Farm Forestry shall not exceed five hectares of wet land or ten hectares of dry land;
(d) the extent of land that may be leased to any 3[x x x x x] Company or Association for non-agricultural purposes, shall not exceed four hectares;
11. Substituted lor the words "Village Panchayats and Taluk Development Boards" by Notification No. RD 59 LGP 99, dated 22-1-2000, w.e.f. 24-1-2000. (d-i) the extent of land that may be leased to any individual shall not together with any land already held by him exceed the limits prescribed for a sufficient holder in Rule 2(15);]
(e) In any other case in excess of the extent specified above the proposal shall be submitted to the Government for sanction.
(3) The period for which lands may be leased under this rule shall not
(a) except with the previous .sanction of the Slate Government, be more than five years, in the case of an individual, company or association; and
(b) be less than ten years and more than thirty years, in other cases:
Provided that the Deputy Commissioner shall be competent to renew the lease after the expiry of this period for a further period of five years.
(4) (a) Lease of lands under sub-rule (1) for agricultural purposes shall be subject to the following conditions also.
(i) the lease shall not do anything which is destructive or permanently injurious to the land;
(ii) the lessee shall not sub-let or alienate the land;
(iii) the land shall be cultivated personally or by the members of the respective institutions, as the case may be;
(iv) the land shall not be utilised for any purpose other than that for which it is leased;
11. Item (v) of clause (a) substituted by GSR 82, dated 26/27-2-1977, w.e.f. 10-3-1977. [(v) the lessee shall pay annually a rent not exceeding ten times the land revenue plus water rate, if any, payable in respect of such land subject to the condition that the water rate to be taken into account while fixing the rent shall not exceed Rs. 16-50 per acre in respect of 'A' class of lands, Rs. 11-00 per acre in respect of 'B' class of lands and Rs. 5-50 per acre in respect of 'C class of lands;
Explanation. For purpose of this item, 'A' class, 'B' class or 'C' class of lands shall have the meaning assigned to them in Schedule I to the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962);]
(vi) the lease shall be liable to be terminated when registration of the Institution is cancelled;
(vii) the lessee shall at all times allow the Deputy Commissioner or any person authorised by him to inspect the land to satisfy himself that the conditions of the lease are not violated;
(viii) if the land or a portion of the land is required for any public purpose, the authority sanctioning the lease can resume the land after issue of three months, notice to the lessee;
(ix) the lease shall be liable to be terminated for contravening any of the aforesaid conditions.
(b) In respect of the lands leased for non-agricultural purpose, the Deputy Commissioner shall fix the rent payable in respect of such land taking into account the locality, the purpose for which the land is utilised, etc. He may also impose such conditions as he deems necessary having regard to the circumstances of each case.
(5) Wherever any lease is granted under this rule, the lessee shall execute a lease deed in Form III or IV incorporating all the terms of the lease.
Rule19A Lease of Brackish Water Land for acquaculture or prawn cultivation
11. Rule 19-A inserted by GSR 98, dated 7-5-1993, w.e.f. 13-5-1993. (1) Subject to Rule 15 and on the recommendation of the Scrutiny Committee constituted by the State Government, by notification in respect of such areas as State Government may deem fit, the State Government may lease Brackish Water Land, declared as such, by the State Government, for the purposes of acquaculture or prawn cultivation in favour of Brackish Water Fish Farmers Development Agency, on payment of lease amount to be determined by Government and on such terms and conditions as may be specified by the Government.
(2) The Brackish Water Fish Farmers Development Agency shall sub-lease the said land among the individuals and Institutions on payment of such lease amount and on such conditions as specified in Government Order No. AHFs 315 SFM 91, dated 23rd December, 1991, as may be amended from time to time.
Explanation. For the purpose of this section an acquaculture means and includes prawn and fish farming.
Rule20 Grant of land to Housing Board, Grama Panchayat, Taluk Panchayat, Zilla Panchayat, Co-operative Societies and other Statutory Board
22. Substituted for the words "Village Panchayat, Taluk Development Board" by Notification No. RD 59 LGP 99, dated 22-1-2000, w.e.f. 24-1-2000. (1) Lands may be granted by the Deputy Commissioner with the prior approval of the State Government under these rules to.
(a) the Karnataka Housing Board, 33. Inserted by Notification No. RD 59 LGP 99, dated 22-1-2000, w.e.f. 24-1-2000. [or any Urban Development Authority] free of cost for construction of houses under the subsidised rental housing scheme or subsidised industrial housing scheme and on payment of fifty per cent of the market value in all other cases;
(b) 44. Substituted for the words "Village Panchayats and Taluk Development Boards" by Notification No. RD 59 LGP 99, dated 22-1-2000, w.e.f. 24-1-2000. [Grama Panchayats, Taluk Panchayats and Zilla Panchayats] free of cost for construction of schools, hospitals, dispensaries and public amenities and such other purposes deemed obligatory under 55. Substituted for the words "the Karnataka Village Panchayats and Local Boards Act, 1959" by Notification No. RD 59 LGP 99, dated 22-1-2000, w.e.f. 24-1-2000. [the Karnataka Panchayat Raj Act, 1993];
(c) Co-operative Societies and Statutory bodies like the Karnataka State Road Transport Corporation, The 66. Substituted for the words "Karnataka State Electricity Board" by Notification No. RD 59 LGP 99,'dated 22-1-2000, w.e.f. 24-1-2000. [Karnataka Power Transmission Corporation], etc., on collection of 50 per cent of market value to be determined by the Deputy Commissioner:
11. Proviso to sub-rule (1) inserted by GSR 146, dated 5-5-1979, w.e.f. 10-5-1979. [Provided that where the extent of the land does not exceed five acres, no such prior approval shall be necessary.]
(2) If the lands granted under sub-rule (l)(a) to (c) are not utilised for the purpose for which they are granted, 22. Substituted for the words "shall be resumed" by GSR 146, dated 5-5-1979, w.e.f. 10-5-1979. [the same shall be resumed by the State Government free from all encumbrances]. The State Government shall not be liable to pay any compensation or damages for the lands so resumed.
Rule21 Grant of land to religious and charitable institutions
Notwithstanding anything contained in these rules, the Deputy Commissioner may grant lands upto an extent of one hectare and with the prior approval of the Divisional Commissioner upto an extent of two hectares and with the prior approval of the State Government upto any extent, to any religious or charitable institutions for non- agricultural purposes on payment of the price to be fixed by him and subject to such other conditions as he may impose.
Rule22 Grant of land to Industrial concerns
(1) Lands may be granted by the Deputy Commissioner to Industrial concerns registered under the Industries {Development and Regulation) Act, 1951 (Central Act) 3[and to small scale industrial units registered with the State Directorate of Industries and Commerce] subject to the following conditions.
(i) the grantee shall not, without the permission of the State Government, sell, lease, mortgage, transfer, gift or otherwise alienate in any manner such land within a period of thirty years from the date of the grant;
(ii) if the grantee at anytime thereafter proposes to sell, lease, mortgage, transfer, gift or otherwise alienate in any manner such land, the industrial concern shall make the first offer to the State Government and if the State Government do not propose to take the land, the Industrial concern may dispose of the land to any person;
44. Clause (iii) of sub-rule (1) inserted by GSR 424, dated 22-12-1971, w.e.f. 30-12-1971. [(iii) not more than two hectares of land shall be granted to any small scale industrial unit.]
(2) The value of the land granted under sub-rule (i) shall include the market value and the conversion charges of the land so granted, unless conversion fine is exempted by the State Government.
(3) Notwithstanding anything contained in sub-rule (1), the grantee may mortgage the land in favour of such Financial Corporations as may be recognised by the State or the Central Government for obtaining loans for the development and expansion of the industry.
Rule23 Confirmation of lands to persons to whom the lands have been leased temporarily
Notwithstanding anything contained in these rules.
(1) Where, before the commencement of these rules agricultural lands were leased temporarily to any person for purposes of cultivation and the lease contemplated the subsequent grant of the land to the lessee and all the conditions of the lease have been- complied with, such lands may be granted to the lessee by the Deputy Commissioner on payment of the price fixed by him in accordance with 11. Substituted for the word and figures "Rules 12" by GSR 255, dated 4-8-1978, w.e.f. 17-8-1978. [rules under which the lands were leased.
(2) Where, after the coming into force of these rules, lands have been leased temporarily for cultivation and the lessee has fulfilled all the terms of the lease, such land may be granted to the lessee on payment of the price fixed by the Deputy Commissioner, if the lessee is either a landless person or an insufficient holder.
(3) Where the period of lease has expired and proposals for grant of land to the lessee are under consideration the period of lease may be deemed to have been extended till such time as orders are passed by the Deputy Commissioner on such proposals.
Rule24 Constitution of Consultative Committees
22. Rule 24 inserted by GSR 297, dated 31-8-1972, w.e.f. 1-9-1972, (1) The State Government may, by order, constitute for each taluk a Consultative Committee consisting of such number of official and non-official members and for such period as may be determined by it.
(2) The members of the Committee shall be nominated by the State Government 33. Inserted by GSR 338, dated 8-11-1979 and shall be and shall always be deemed to have been inserted. [and one of them may be nominated as the Chairman thereof]
(3) It shall be competent for the State Government to effect such changes in the personnel of the Committee as it deems fit, at any time.
44. Sub-rule (3-A) inserted by GSR 386, dated 6-12-1977, w.e.f. 22-12-1977. (3A) A non-official member of the Committee who remains absent consecutively for three meetings without previous intimation to the Chairman shall cease to be a member of the Land Grant Consultative Committee.
(4) The Committee shall be consulted in respect of all the applications for grant of land for agricultural purposes including the raising of plantation crops in the taluk concerned and the recommendations of the committee shall ordinarily be accepted by the authority competent to grant the land.
Rule25 Cancellation of grant
Any grant of land made under these rules shall be liable to be cancelled and the land resumed by the authority which granted it, where the grant has been obtained by making false or fraudulent representations or is contrary to these rules:
Provided that no such cancellation shall be made without giving the grantee an opportunity of being heard.
Rule26 Grant of land discretionary
Nothing contained in these rules, shall be deemed to confer on any person any right to the grant of any land.
Rule27 Powers of the State Government
Notwithstanding anything contained in the preceding rules, the State Government may, suo motu, or on the recommendation of the Divisional Commissioner or the Deputy Commissioner, if it is of the opinion that in the circumstances of any case or classes of cases, it is just and reasonable to relax any of the provisions of these rules, it may, by order direct such relaxation, recording the reasons for such relaxation, subject to such conditions as may be specified in the orders and thereupon lands may be granted in such a case or classes of cases in accordance with such direction.
Rule28 Grantees of land to execute an agreement
(1) Every person who is granted lands for agricultural purposes under these rules shall execute an agreement in Form V: 11. Proviso inserted by Notification No. RD 68 LGP 87, dated 17-12-1999, w.e.f. 18-12-1999. [Provided that where an order of grant is made under the proviso to sub-rule (4) of Rule 8, the agreement shall be executed jointly by the applicant and his wife in Form No. V-A.]
(2) Every person who has granted land for non-agricultural purposes under these rules shall execute an agreement in Form VI:
Provided that where the land is granted to the Karnataka Housing Board, 22. Inserted by Notification No. RD 59 LGP 99, dated 22-1-2000, w.e.f. 24-1-2000. [any Urban Development Authority], 33. Substituted for the words "a Village Panchayat" by GSR 202, dated 8-7-1976, w.e.f. 22-7-1976. [the Industrial Areas Development Board, 44. Substituted for the words "a Village Panchayat or a Taluk Development Board" by Notification No. RD 59 LGP 99, dated 22-1-2000, w.e.f. 24-1-2000. [a Grama Panchayat, Taluk Panchayat or a Zilla Panchayat], the condition that the lands shall not be alienated shall not be applicable.
Rule28A Grant of land in exchange for land relinquished
55. Rule 28-A inserted by GSR 44, dated 28-1-1971, w.e.f. 18-2-1971. (1) Notwithstanding anything contained in these rules, land may be granted to any person in exchange for the land relinquished by such person to the State Government in the following cases, namely.
(i) where by changing course, a river, water-way or cart-track runs through a private land:
Provided thai the land to be granted in exchange shall be the land registered in the revenue records as river, water-way or cart-track;
(ii) where a channel or pathway divides the private land of a person into two and it can be diverted along the boundary of such land without inconvenience to the public;
(iii) where the private land is required for straightening the course of a channel or pathway;
(iv) where private land is situated on the bed of an irrigation tank or river and the State Government desires to take over such land;
(v) where private lands not exceeding five hectares in extent in each case, are required for public purposes such as construction of chavadies, cattle pounds, wells, schools or for minor improvements to any irrigation work or the setting apart such land for free pasturage for the cattle;
(vi) whereby any action of Government, a private land or any portion thereof is rendered valueless or has diminished in value;
(vii) where private land is required for extension of village sites.
(2) Any person desiring grant of land in exchange for the land to be relinquished by him shall make an application in writing to the Deputy Commissioner in Form VIII giving the following particulars.
(i) name, age and address of the applicant;
(ii) the extent and particulars of the land proposed to be relinquished;
(iii) the extent and particulars of the land asked for, namely, survey number, village, taluk, sub-division in which the land is situated.
(3) In all cases where the value of the land to be granted exceeds rupees one hundred, the application shall be accompanied by an encumbrance certificate in respect of the land to be relinquished: Provided that in other cases, the applicant shall produce such encumbrance certificate if called upon to do so.
(4) The Deputy Commissioner shall on receipt of such application, make such enquiry as he thinks fit and if satisfied that the applicant is eligible under this rule for the grant of land in exchange for the land relinquished, determine the market value of the land to be relinquished and also of the land to be granted. Thereafter he may pass an order granting the land, if the value of such land is not more than one thousand rupees. If the value exceeds rupees one thousand, he shall submit the application together with his report in the matter to the Divisional Commissioner. The Divisional Commissioner may pass an order granting the land if the value of such land does not exceed rupees ten thousand. If the value exceeds ten thousand rupees the records shall be submitted to the State Government which may pass orders granting such land.
(5) The grant of land under this rule shall be subject to the following conditions, namely.
(i) the grant shall be subject to the provisions of Rules 9 and 13;
(ii) the applicant should have absolute title to the land to be relinquished,
(iii) the value of land to be granted shall as far as possible be not more than the value of the land relinquished and the difference if any in value shall be paid by the applicant.]
Rule29 Form of permission
Permission granted, under Section 93 of the Act shall be in Form VII. A sketch of the land granted shall be annexed to the said form, the cost of the sketch shall be recovered from the grantee.
Rule29A Certain conditions not to apply
11. Rule 29-A inserted by GSR 284, dated 27-9-1974, w.e.f. 17-10-1974. Notwithstanding anything contained in Rule 40 of the Karnataka Land Grant Rules, 1969, the provisions of any rule (repealed by the said rule), that the land granted shall not be alienated except to the members of the Scheduled Castes or Scheduled Tribes shall, with effect from the commencement of the Karnataka Land Grant (Amendment) Rules, 1974, cease to operate.
Rule30 Repeal and Savings
The Karnataka Land Grant Rules, 1968 and the Karnataka Land Revenue (Amendment) Rules, 1967 (Rule 93-A) are hereby repealed:
Provided that the repeal shall not affect.
(a) the previous operation of any rule so repealed or anything duly done or suffered thereunder;
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any rule so repealed;
(c) any penalty, forfeiture or punishment incurred in respect of any breach of or any offence committed against any rule so repealed; or
(d) any investigation or legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if such rule had not been repealed:
Provided further that subject to the preceding proviso anything done or any action taken (including any notification, order, instruction or direction issued), under any such rule shall be deemed to have been done or taken under the corresponding provision of these rules shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under the Act or these rules, as the case may be.
Rule31 Repealed rules not to apply to certain mortgages
Nothing in clause (vi) of Rule 12 of the Karnataka Land Grant Rules, 1968 or the corresponding provisions of any of the rules repealed by Rule 40 of the said rules shall apply to mortgage of the land granted under the said rules, in favour of a Scheduled Bank 2[or the Agricultural Refinance Corporation or the Karnataka State Agro Industries Corporation] as security for loans obtained for improvement of such land or for buying cattle or agricultural implements for the cultivation of such land.
APPENDIX 1 FORM1
FORM I[See Rule 8(1)]Application for grant of land 1. Name and age of the applicant and his wife] 2. Address and occupation: 3. Father's Name: 4. Is the applicant: (i) a member of the Scheduled Caste or Scheduled Tribes (ii) Displaced person, displaced holder, displaced tenant [(iii) ex-serviceman or soldier (a certificate to that effect issued by the Deputy Director of Sainik Welfare Department shall be annexed.] (iv) Political sufferer 5. Particulars of land applied for Village Taluk First preference Second preference Third Preference Sl.No. andSub-division No. Extent: Dry Wet Garden 6. Particulars of land owned by the applicant inside the State or outside the State. Taluk Village S. No. Assessm Extent entpaid (i) Land included in the Khate the applicant or any other member of the familyof Wet Garden Dry (ii) Lands cultivated by theapplicant or any other member of the family Taluk Village Wet Garden Dry S. No. Extent (iii) No. of members in the family of the applicant: 7. Particulars of land previously Ta granted to the applicant or any member of his family: Taluk Village Wet Garden Dry S.No.Extent 8. Whether the applicant or any member of his family has previously applied for land and if so the particulars of the endorsement received thereon.
Certified that the particulars furnished above are true and correct to the best of my knowledge.
Signature of the applicant.
APPENDIX 2 FORM2
FORM II
[See Rule 8(2)]
Register of applications for the occupation of lands of the taluk of the District Serial No. Year Date of receipt of application Name of applicant and his address Whether application was presented through Revenue Inspector or direct (1) (2) (3) (4)
Particulars of land applied for Date of Receipt of report Village Survey No. Description Extent Assessment Date of transmission to Revenue Inspector or Village Officer for report (5) (6) (7) (8) (9) (10) (11)
Estimated value and other articulars of malki Whether land has been ordered to be disposed of by public auction, free or for upset price Date of sale Sale proceeds Date of passing final orders and nature of such orders (12) (13) (14) (15) (16)
Date of receipt of sale records Date of issue of Saguvali Chit Date of delivery there of to the grantee Duration i.e., interval between Column 2 and Column 19 Remarks (17) (18 (19) (20) (21)
APPENDIX 3 FORM3
FORM III
[See Rule 19(5)]
Form of lease deed for temporary occupation of State Land for Agricultural Purposes
This deed of lease made this.................day of..... one thousand nine hundred and........between the Governor of Karnataka (which expression shall include his successors in office and assigns) of the one part and...........residing at......... hereinafter called "the lessee" (which expression shall include his heirs, executors, administrators, legal representatives) of the other part witnesseth as follows:
The Governor of Karnataka hereby grants the land described in the Schedule below on lease to (name and address of the lessee) for temporary occupation for a period.......years/monthscommencing from (date, month and year) subject to the following terms and conditions to which the aforesaid lessee has agreed.
SCHEDULE 1 FORM
District
Taluk
Town or Village
Survey number
Area acres
Boundaries N.S.E.W.
(1)
(2)
(3)
(4)
(5)
(6)
In witness whereof (name and designation) acting for and on behalf of and by the order and direction of the Governor of Karnataka and the lessee aforesaid have hereunto set their hands this ........ day of. . ,
Signed by Aforesaid
In the presence of.
1.
2.
Signed by Aforesaid
In the presence of.
1.
2.
FORM IV
[See Rule 19(5)]
Form of lease deed for temporary occupation of State land for non-agricultural purposes
This deed of lease made this........day of........one thousand nine hundred and..........between the governor of Karnataka (which expression shall include his successors in office and assigns) of the one part and.......residing at......hereinafter called "the lessee" (which expression shall include his heirs, executors, administrators, legal representatives and assigns) of the other part witnesseth as follows.
The Governor of Karnataka hereby grants the land described in the schedule below on lease to (name and address of the lessee) for temporary occupation for a period of.........years/months commencing from (date, month and year) subject to the following terms and conditions to which the aforesaid lessee has agreed.
(1) The lease is liable to cancellation if it be found that it was grossly inequitable or was made under a mistake of fact or owing to misrepresentation or fraud or that there was an irregularity in the procedure.
(2) In the event of such cancellation of the lease the lessee shall not be entitled to compensation or any loss caused to him by the cancellation.
(3) The lessee shall pay the sum of Rs........as and for security for the fulfillment and observance by him of the conditions contained in the lease. The sum so deposited shall be liable to be forfeited to the Government of Karnataka (hereinafter called the Government) under the orders of the Deputy Commissioner of the District (hereinafter referred to as the Deputy Commissioner) in the event of failure by the lessee to fullfil and observe any of the conditions of the lease.
(4) The lessee shall, so long as the lease be in force pay clear of all deductions a sum of Rs.......per annum for credit to the general revenues of the State and further sum of Rs.......on account or rates, taxes, assessments and outgoings, payable by the Government to the Corporation/Municipality as a result of his occupation of the land. The consolidated charge shall be payable to the Government in advance annually/monthly, the first of such payments to be made on the..... day of........and the subsequent annual/ monthly payments on the corresponding day of the succeeding years/months.
(5) In the event of the Corporation/ Municipality varying its demand the Government shall be at liberty to revise, without notice, the second part of the charge referred to in condition (5) as the sum payable by the lessee on account of taxation by the Corporation/Municipality and, on such revision any balance due shall become immediately payable by the lessee.
(6) If the lessee fails to pay the Government any sums payable under the lease on the respective dates on which they are made payable, he shall pay interest at 12 per cent per annum on such amounts from the dates on which they were so payable until the date of payment or recovery.
(7) The lessee shall not do any act which is destructive or permanently injurious to the land.
(8) The grantee shall not use the land except for the purposes of which the land is leased.
(9) The lessee may erect.......in accordance with the plan(s) hereto annexed.
(10) The land and the building(s) thereon shall not be used for political meetings.
(11) The lessee shall not, except as provided in condition (9), erect any buildings, fences or structures of a permanent or temporary character on the land without the previous written sanction of the Deputy Commissioner.
(12) The lessee shall maintain the said land in a clean and sanitary condition to the satisfaction of the Government and shall also maintain the structures, if any, erected thereon as aforesaid, in good, and substantial repair to the satisfaction of the Deputy Commissioner.
(13) The lessee shall permit the Officers and servants of the Government with or without workmen at all times to enter upon the lands aforesaid to view the condition and state thereof.
(14) The lessee shall not assign or underlet the benefits arising under this lease or any part thereof without the previous written permission of the Government.
(15)(a) The Government reserve to themselves the right to all sandal-wood trees and their branches and roots which exist at the time of lease (which are described in the schedule attached) as well as those which may grow subsequently on the lands leased and the Government shall be at liberty to cut or dig out any such trees or their roots and branches and remove them from the land in question be entitled to cut or remove them or cause them to be cut or removed without the permission of the Deputy Commissioner;
(b) the lessee shall take all reasonable measures to the satisfaction of the Deputy Commissioner for the protection of the sandalwood trees from theft or damage and for the careful protection of immature trees growing on the land;
(c) the lessee shall take steps to see that the marks made by the Officers of the Government on the sandalwood trees are preserved and are not tampered with; and
(d) in the event of the infringement of, or failure to observe any of the conditions mentioned in (a), (b) or (c) above, the lessee shall pay the Government such compensation as is determined by the Deputy Commissioner for any loss or damage caused by such infringement or failure on his part. The Government shall also be at liberty to cancel the lease and re-enter on the land and the whole land shall thereupon vest absolutely in the Government. In that case the lessee shall not be entitled to any compensation whatever.
(16) The lessee may uproot, cut down or destroy such trees, plants, groves or bushes as in the opinion of the Deputy Commissioner it is necessary to uproot, cut down or destroy to make the land fit for the purpose of.........and may take them free of charge and dispose of them in any manner he likes. The lessee may level the ground by removing embanked pathways and filling up low-lying places on the land so as to make the ground fit for the purpose of.......and may mow and cut the grass thereon and dispose of the same in any manner he likes and do any work on the land which, in the opinion of the Government, is necessary for such purposes.
(17) The lessee shall remove immediately any unauthorised building, fence or structure on receiving notice from the Deputy Commissioner and in default of immediate compliance with any such notice, the Deputy Commissioner shall have power to remove the same and the lessee shall upon demand made by or on behalf of the Deputy Commissioner pay the cost of removal and the cost of the storage materials removed and take delivery of the same. The lessee shall have no claim to any materials removed under this condition which shall not have been taken delivery of or the cost of removal and storage of which shall have been paid by the lessee on demand made as aforesaid.
(18) The lessee shall not without the previous written sanction of the Deputy Commissioner permit any person to use the land or any structure thereon or any portion of the land or structure except as provided in condition (8).
(19) The lessee shall on termination or revocation of this grant, restore the said land to the Government in as good a condition as inconsistent with the foregoing conditions.
(20) The lessee shall be answerable to the Government for all or any injury or damage done to the said land other Government property thereon except as is permitted by the foregoing conditions.
(21) The Government may revoke the lease wholly or in part if the sums specified in conditions (4 above or any part thereof shall remain unpaid for 15 days after they have become payable whether formally demanded or not, or if the lessee shall have contravened any of the conditions of the lease herein contained and assume control or otherwise dispose of all or any part of the land and any buildings, fences and structures thereon and the lessee shall not be entitled to any compensation thereafter.
(22) If the amount specified in condition (4) or (6) above or any part thereof is in arrear, it shall also be competent for the Government to recover the same from the lessee as an arrear of land revenue.
(23) The lease hereby given may be revoked by the Deputy Commissioner acting on behalf of the Governor of Kamataka, after giving (....) month's notice in writing and by the Government and shall be terminable by the lessee by giving to the Deputy Commissioner, month's notice in writing but without prejudice to any right of action or remedy of the Government in respect of any antecedent breach of any of the foregoing conditions. The lessee shall not in case of such revocation or termination be entitled to any compensation in respect of any structures on the land or any improvements effected by him to the land or for the loss caused by the interruption of his occupation but he may, before the revocation or termination of the lease takes effect or if the lease is revoked without notice within such time, as may be allowed by the Deputy Commissioner in that behalf, remove such structures.
(24) In the event of termination of the lease under condition (21) or (23) the Government shall be at liberty to levy proportionate rental up to the date of such termination.
(25) The sum of Rs.........deposited by the lessee under condition ( ) of such portion thereof as may be returnable to him shall be returned to him on the expiration or soonafter termination of the lease.
(26) If any dispute or difference shall at any time hereafter arise between the Government or their Officers, on the one part and the lessee as to the rights, duties or liabilities or either party in respect of any matter or thing relating to arising out of the lease or the construction or the meaning of all or any of the provision herein contained, the said dispute or difference shall be referred for settlement to the arbitration of the Deputy Commissioner for the time being, and his decision shall be final.
(27) The lease includes all rights, easements and appurtenances belonging to the land or purports to belong to it or usually held or enjoyed with it. The existing and customary right of Government and the public in roads and paths and rivers, streams and channels running through or bounding the land and the right of Government to the mines and quarries, adjacement to the land are however reserved and are in no way affected by the lease.
SCHEDULE 2 FORM
District
Taluk
Town or Villaee
Survey number
Area acres
Boundaries N.S.E.W.
(1)
(2)
(3)
(4)
(5)
(6)Â
In witness whereof (name and designation) acting for and on behalf of and by the order and direction of the Governor of Kamataka and the lessee aforesaid have hereunto set their hands this ........ day of. . .
Signed by Aforesaid
In the presence of.
1.
2.
Signed by Aforesaid
In the presence of.
1.
2.
FORM V
[See Rule 28(i)]
Form of agreement to be executed by persons granted land for agricultural purposes
To the Tahsildar..............
I, A.B, inhabitant of..........in..........Taluka, hereby accept the right of the occupation of the land comprised in Survey No. ............(or of the building site herein below described, or otherwise as the case may be) in the village of.........in the .... .... Taluka and I pray that my name be entered in the Government records as the occupant of the said land.
The said land has been granted to me subject to the provisions of the Karnataka Land Revenue Act, 1964 and of rules in force thereunder in perpetuity, from the.........date of 19....; and I undertake to pay the land revenue from time to time lawfully due in respect of the said land (or I undertake, whenever the State Government shall see fit to discontinue the exemption of the said land from payment of land revenue, to pay such revenue be lawfully imposed.........thereupon under the order of the State Government or otherwise as the case may be.
If I contravene any of the conditions of the grant, the Deputy Commissioner, may without prejudice to any other penalty to which I may be liable under the provisions of the said Act and the rules made thereunder, continue the said land in my occupation on payment of such fine and/or assessment as he may direct.
Dated the............day of.......19........at .
(Signed) A.B.
We declare that A.B., who has signed this agreement is to our personal knowledge the person he represents himself to be, and that he has affixed his signature hereto in our presence.
(Signed) C.D.
(Signed) E.F.
We declare that to the best of our knowledge and from the best information we have been able after careful inquiry to obtain the person who has executed this agreement is a fit person to be accepted by the State Government as responsible for the punctual payment of the land revenue from time to time due on the above land.
(Signed) G.H.
(Signed) I.J.
Village Accountant.
FORM V-A
[See Rule 28(1)]
Form of Agreement to be executed jointly by persons granted land for agricultural purposes.
To
The Tahsildar of We, A.B. & X.Y., husband and wife respectively, the inhabitants of ................... in the Taluka, hereby accept the right of occupation of the land comprised in Survey No................... (or of the building site herein below described, or otherwise as the case may be) in the Village of .............................. in the ................ Taluka and we pray that our names be entered in the Government records as the occupants of the said land.
The said land has been granted to us subject to the provisions of the Karnataka Land Revenue Act, 1964, and of rules in force thereunder in perpetuity, from the ................... day of .................. and we undertake to pay the land revenue from time to time lawfully due in respect of the said land (or We undertake, whenever the State Government shall be fit to discontinue the exemption of the said land from payment of land revenue, to pay such revenue by lawfully imposed.........................thereupon under the order of the State Government or otherwise as the case may be).
If we contravene any of the conditions of the grant, the Deputy Commissioner, may, without prejudice to any other penalty to which we may be liable under the provisions of the said Act and the rules made thereunder, continue the said land in our occupation on payment of such fine and/or assessment as he may direct.
Dated the ................. day of ..................... 19 ........... at .......................
(Signed) A.B.
(Signed) X.Y.
We declare that A.B. and X.Y. who have signed this agreement are to our persons knowledge the persons they represent themselves to be, and that they have affixed their signature hereto in our presence.
(Signed) A.B.
(Signed) X.Y.
We declare that to the best of our knowledge and from the best information we have been able after careful inquiry to obtain the persons who have executed this agreement are fit persons to be accepted by the State Government as responsible for the punctual payment of the land revenue from time to time due on the above land.
(Signed) A.B.
(Signed) X.Y.
VILLAGE ACCOUNTANT.]
FORM VI
[See Rule 28(2)]
Form of agreement to be executed by persons granted land for non-agricultural purpose
To the Tahsildar of................
I, A.B., inhabitant of.............in the.......Taluka hereby accept the right of occupation of the land comprised in Survey No. . . . .......in the Village of .... in the Taluk and I pray that my name be entered in the Government records as the occupant of the said land.
The said land has been granted to me in........perpetuity from the day of..........19.......subject to the provisions of the Karnataka Land Revenue Act, 1964 and of the rules in force thereunder, and further condition that, I, my heirs, assigns and legal representatives shall not at any time by partition, inheritance, lease, mortgage or otherwise however transfer the said land or allow any portion of it to be cultivated, used or occupied by any other person so as to divide it.
If I fail to perform any of the aforesaid conditions, I shall be liable without prejudice to any other penalties that I may incur under the said Act, and the rules made thereunder, to have the said land summarily forfeited by the Deputy Commissioner, and I shall not be entitled to claim compensation for anything done or executed by me in respect of the said land.
And I undertaken to pay the land revenue from time to time lawfully due in respect of the said land (or I undertake, whenever the State Government shall see fit to discontinue the exemption of the said land from payment of land revenue, to pay such revenue as may be lawfully imposed thereon under the orders of the State Government or otherwise as the case may be).
Dated the...............day of............19.
(Signed) A.B.
We declare that A.B., who has signed this agreement, is to our personal knowledge the person he represents himself to be and that he has affixed his signature hereto in our presence.
(Signed) C.D.
(Signed) E.F.
We declare that to the best of our knowledge and from the best information we have been able, after careful inquiry to obtain, the person who has executed this agreement is a fit person to be accepted by the State Government as responsible for the punctual payment of the land revenue from time to time due on the above land.
(Signed) G.H.
(Signed) I.J.
Village Accountant.
FORM VII
[See Rule 29]
Certificate of Grant/Saguvali Chit
Whereas, under the rules for the disposal of unoccupied Government land for cultivation and the grant of occupancy rights the land specified in the schedule hereunder written has been sold, and A.B. has purchased it in public auction or for upset price and the same has been duly confirmed, and A.B. declared the purchaser thereof, and whereas the said A.B. has paid into the Government Treasury the full sum of the purchase money amounting to Rs...............No. I.C.D. Tahsildar. . . . .... Taluk...........permit the said A.B. to enter into occupation of the said land and hereby grant and confirm subject to cancellation or modification in appeal or revision under the provisions of the Land Revenue Act, the said land to the said A.B., his heirs, personal representatives and assigns subject to the provision hereinafter mentioned and subject also to the regular payment of the Land Revenue Assessment on the land as fixed under the rules for the time being in force:
(1) Provided that this assessment shall be paid for each revenue year as per rules prescribed in this behalf from time to time under provision of the Land Revenue Act, failing which it will be recoverable by coercive process in the manner prescribed by the Land Revenue Act and rules framed thereunder:
(2) Provided also that this title-deed in no way affects the liability of the abovesaid land to such rates, taxes and cess other than land revenue as are or as may be imposed by law, whether for general, municipal or other local purposes:
(3) Provided also that the said A,B. or other lawful owner of the said land shall at all times hereafter at his own expenses maintain in good order, the restored major and minor tanks of the village with respect to which the customary obligation to maintain is imposed on the said A.B. by virtue of his being the occupant or other lawful owner of the said survey number and shall put up, repair and maintain in good order the boundary marks around and in the said land, failing which it shall be lawful for the State Government after due notice to cause the maintenance work of the said tank in so far as his liability in this behalf extends and the repair of the said boundary marks to be carried out and to recover the cost of such maintenance work and such repair as a revenue demand from the said A.B. or other lawful owner:
(4) Provided also that nothing in the title deed contained shall affect the existing or customary rights of Government or of proprietors of land adjoining or lying near the said land or of the villages in common in all existing roads and paths and in streams of water running through or bounding the said land:
(5) Provided also that this title-deed shall in no way be considered to grant to or in any way vest in the said A.B., his heirs, personal representatives or assigns any right, title or interest in or to precious stones, gold and other minerals or coal or stone or rock containing or supposed to contain precious stones, gold or other minerals or coal known to exist or which may at any time hereafter be discovered on or under the said land or any part thereof all of which are hereby respectively reserved to the State Government subject to the conditions now in force or which may be prescribed in this behalf from time to time. Subject to the conditions mat the said A.B., his heirs, personal representatives or assigns shall always be allowed to use free of charge any limestone, granite and ordinary minerals other than metals or coal or precious stones which may be found on or under the said land and which may be applied to the bona fide private use of the said A.B., his heirs, personal representatives or assigns and not removed for purpose of sale:
(6) Provided also that this title-deed shall not be considered in any way to grant to or vest in the said A.B., his heirs, personal representatives or assigns the right to sandal trees which are hereby reserved to the State Government except in so far as the rules that are or may be framed in the matter, if the grant of bonuses for such trees may permit:
(7) Provided also mat the land shall not be alienated for a period of fifteen years (15 years from...............the date of taking possession).
Explanation.For purposes of this proviso the following shall not be regarded as alienation.
(a) mortgage of the land in favour of the State Government or a Co-operative Society or the Indian Coffee Board or a Scheduled Bank or the Agricultural Refinance Corporation or the Karnatka State Agro Industries Corporation as a security for loans obtained for improvement of such land or for buying cattle or agricultural implements for the cultivation of the land; and
(b) lease of the land in accordance with the provisions of Karnataka Land Reforms Act, 1961:]
(8) Provided also that the grant shall be subject further generally to the provisions of the Land Revenue Act and the Rules made thereunder or any other law for the time being in force.
(9) It is obligatory on the part of the grantee to undertake soil conservation measures as directed by the Soil Conservation Officer.
FORM VIII
[See Rule 28-A]
Application for grant of land in exchange for the land relinquished
1. Name and age of the applicant:
2. Address and Occupation:
3. Father's Name:
4. Particulars of land proposed to be relinquished:
(i) Sy. No. and Sub-Division No.
(ii) Extent: Dry.......
Wet.......
Garden......
(iii) Value
5. The extent and particulars of the land . asked for, namely Survey Number, Village, Taluk, Sub-division in which the land is situated.
SCHEDULE 3 FORM
Specification of the Land
District
Taluk
Village
Name if any
Boundaries
S. No.
Extent
Assessment
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
H.
Total
Phot Kharab
Dry
Wet
Garden
The purpose for which Phot Kharab is allowed to be specifically mentioned here.
Dated this..........day of............19
Tahsildar.
KARNATAKA LAND REVENUE (REGULARISATION OF UNAUTHORISED OCCUPATION OF LANDS) RULES, 1970
In exercise of the powers conferred by Section 197 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), the Government of Karnataka, hereby makes the following rules, the draft of the same having been published as required by sub-section (1) of Section 197 of the said Act in the Karnataka Gazette, Extraordinary, dated 3rd April, 1970, as GSR 109, dated 3rd April, 1970.
Rule1 Title and commencement
(1) These rules may be called the Karnataka Land Revenue (Regularisation of unauthorised occupation of lands) Rules, 1970.
(2) They shall come into force at once.
Rule2 Definitions
(1) In these rules, unless the context otherwise requires.
(a) "Act" means the Karnataka Land Revenue Act, 1964;
(b) "Form" means a Form appended to these rules;
(c) "Landless poor persons" means a person who does not own any land anywhere in the State or elsewhere and whose income from all sources does not exceed rupees two thousand per annum;
(d) "Person in unauthorised occupation" means the person in unauthorised occupation of land referred to in Section 94; and shall include the person or persons claiming under him;
(e) "Plantation crops" means Cardamom, Coffee, Pepper, Rubber and Tea;
11. Clause (f) substituted by GSR 262, dated 12-7-1972. w.e.f. 20-7-1972. [(f) "Sufficient holder" means a person who owns not less than one hectare of garden land or wet land possessing facilities for assured irrigation or two hectares of dry land or rainfed wet land.]
(2) Words and expression used in these rules, but not defined shall have the meaning assigned to them in the Karnataka Land Revenue Act, 1964, and the rules made thereunder.
Rule3 Application to be made
If the person in unauthorised occupation desires that the land unauthorisedly occupied by him be granted to him, he shall make an application to the Deputy Commissioner in Form I.
Rule4 Procedure to be followed
(1) On receipt of the application under Rule 3, the Deputy Commissioner shall, after verifying the particulars furnished by the applicant by holding such enquiry as he deems necessary and after determining the extent of land that may be granted and the price that may be charged, publish a notice in Form II in the Chavadi of the village in which the land is situate and also in the Office of the Panchayat concerned calling for objections to the proposed grant, to be preferred by a date to be specified in the notice, which shall not be less than fifteen days from the date of the notice.
(2) After the expiry of the date specified in such notice and after considering the objections received and after any further enquiry that is considered necessary, the Deputy Commissioner shall determine whether any extent of land may be granted, at what price and subject to what conditions.
(3) Thereafter the Deputy Commissioner shall issue a notice in Form III to the applicant calling upon him to intimate within a date to be specified, which shall not be less than fifteen days from the date of issue of the notice whether he is willing to accept the grant on the terms specified and if so to deposit the price fixed by the date to be specified in the Notice, which shall not be more than thirty days from the date of the issue of the notice provided that the Deputy Commissioner may on an application made to him by the applicant within the said date and for reasons to be recorded in writing extend the time for deposit of the price. Any such extension shall not be for more than ninety days from the date specified in the notice.
(4) If the applicant expresses his willingness and deposits the price within the dates specified or the time extended the Deputy Commissioner shall make the grant and pass an order therefor.
(5) If the applicant fails to express his willingness or to deposit the price within the dates specified and the time extended his application shall be rejected.
Rule5 Certain Lands not to be granted
(1) Lands reserved as Gomal Gunduthop, Tankbed, Phutkharb, Kharab Halla, date reserve or lands required or likely to be required for any public purpose in the near future shall not be granted:
Provided that in the case of Gomal lands grant may be made where the grazing land available for any village exceeds an extent calculated at twelve hectares per hundred heads of cattle.
11. Sub-rule (2) substituted by GSR 66. dated 22-1-1972, w.e.f. 17-2-1972. [(2) No land.
(i) within the municipal limits of the cities of Mysore, Davangere, and in any village situated within sixteen kilometres from the Municipal Limits of the City of Bangalore; or
(ii) within the municipal limits of the cities of Mysore, Bangalore, Mangalore, Hubli-Dharwar, Belgaum, Kolar Gold, Field Areas and Bagalkot Town and in any village situated within seven kilometres from the municipal limits of the said places; or
(iii) within the municipal limits of District Head Quarters and towns of Gadag-Betegeri and Dandeli and in any village situated within five kilometres from the municipal or town limits of the said places; or
(iv) within the municipal limits of Taluk Head Quarters and Towns connected by railway and in any village situated within three kilometres from the municipal or town limits of the said places; or
(v) within the limits of other municipalities, other Taluk Head Quarters and Town Panchayats and in any village situated within one and a half kilometres from the said places; shall be granted.
Explanation. For the purpose of this sub-rule, if the Head Quarters, gramathana or Chavadi of a village is within the distance specified in this sub-rule, the whole of such village shall be deemed to be within the distance specified in this sub-rule,]
22. Proviso inserted by GSR 232, dated 8-8-1973, w.e.f. 13-9-1973. [Provided that in the case of building sites, grant may be made where the sites within the limits and distance specified in clauses (ii), (iv) and (v), excluding the municipal limits of District Head Quarters.]
Rule6 Restrictions on grant of lands used for agricultural purposes and firewood plantations
(1) Where the land in unauthorised occupation is used for agricultural purposes and firewood plantations other than raising of plantation crops or cultivation of cashew, it shall not be granted, if (i) the applicant was, before the 1st July, 1968, not a permanent resident within the limits of the taluk in which the land is situated and was not a bona fide agriculturist cultivating the land personally; and (ii) the applicant is a sufficient holder.
11. Sub-rule (2) substituted by GSR 262, dated 12-7-1972, w.e.f. 20-7-1972. [(2) Where the applicant is a landless person.
(i) if the extent of land in unauthorised occupation is not more than one hectare of wet or garden land or two hectares of dry land or rain-fed wet land, he may be granted the entire extent of land in his unauthorised occupation; and
(ii) if the extent of land in his unauthorised occupation is more than the extent specified in clause (i), he shall not be granted any land in excess of such extent.
(2-A) Where the applicant owns land, the extent of land that may be granted to him shall not together with the extent of land already held by him exceed the minimum holding prescribed for a sufficient holder.]
(3) Notwithstanding anything in sub-rule (1), the adjacent or close to the other land already held by the applicant may, to the extent, as nearly as may be, not exceeding, in the case of wet or garden land, half hectare, and in the case of dry land one hectare, be granted if in the opinion of the Deputy Commissioner such land is required for the better enjoyment or better cultivation of the other land already held.
Rule7 Restrictions on grant of lands used for raising plantation crops
Where the land in unauthorised occupation is used for raising plantation crops, not more than five hectares of such land may be granted to the applicant:
Provided that the extent of other land already held by the applicant shall not, together with the extent granted, exceed 22. Substituted for the words "fifty hectares" by GSR 155, dated 15-5-1974, w.e.f. 23-5-1974. [Twenty-two hectares:]
Provided further no land shall be granted if the applicant was, before 1st July, 1968, not a permanent resident within the limits of the taluk in which the land is situated.
Rule8 Restrictions on grant of lands used for cashew cultivation
Where the land in unauthorised occupation is used for raising cashew, not more than five hectares shall be granted:
Provided that the land granted together with other lands, if any, already held by the applicant and used for raising cashew does not exceed ten hectares:
Provided further no land shall be granted if the applicant was, before 1st July, 1968, not a permanent resident within the limits of the taluk in which the land is situated.
Rule9 Restrictions on grant of lands used for non-agricultural purpose
Where land unauthorisedly occupied is used solely for a dwelling house for the occupier not more than 11. Substituted for the words "two ares" by GSR 373, dated 22-10-1971, w.e.f. 2-12-1971. [five ares] may be granted.
Rule10 Price to be charged
(1) The price to be charged for lands granted under these rules shall, subject to the provisions of sub-rule (3), be determined by the Deputy Commissioner with reference to the market value of such land which shall be ascertained by him having regard to the circumstances existing as on the date of the grant and after such enquiry as he deems necessary.
(2) Such price shall in no case be less than the market value and more than twice the market value of such land: Provided that where the grant is in favour of a landless poor person, the Deputy Commissioner may charge an upset price which.
(i) in the case of grant for bona fide agriculture or for construction of a dwelling house under Rule 9, be not more than half the market value, or twice the price that could have been charged under Rules 12 and 18 of the Karnataka Land Grant Rules, 1969, had the lands been granted under those rules, whichever is less:
Provided further the price in respect of lands which are used for raising plantation crops shall be twice the market value or five thousand rupees per hectare, whichever is less.
(3) In computing the market value of land, the Deputy Commissioner shall not take into consideration the value of any trees of the reserved species standing on the land or improvements made by the applicant during the period of unauthorised occupation but shall take into account the value of other trees standing on the land.
(4) The trees of the reserved species standing on-the land shall be the property of Government and may be removed by it at any time before or after an order of granting the land is made.
(5) Where at the time of determining the market value, there is evidence of trees of the reserved species having been cut, the Deputy Commissioner shall fix the value of such trees and this shall be included in the price to be charged for the land.
(6) Back assessment for the entire period of occupation shall be collected in addition to the price payable for the land.
11. Sub-rule (7) inserted by GSR 373, dated 22-10-1971, w.e.f. 2-12-1971. [(7) Where the grant is in favour of a person belonging to Scheduled Caste or Scheduled Tribe or to a person who on account of poverty is unable to pay the price charged, the Deputy Commissioner, may waive subject to a maximum of five hundred rupees, up to seventy-five per cent of the price charged and direct the payment of the balance amount in three annual instalments:
Provided that where the price charged does not exceed five hundred rupees, the Deputy Commissioner may waive the whole of the amount.]
Rule11 Land not already assessed to be assessed before it is granted
Every land granted under these rules if not assessed before it is granted be assessed to payment of land revenue in accordance with the provisions applicable to assessment of lands. Such land shall also be surveyed and demarcated and its boundaries fixed. The charges for the same shall be paid by the grantee of the land.
Rule12 Cancellation of grant
Any grant of land made under these rules shall be liable to be cancelled and the land resumed by the Deputy Commissioner if the grant was obtained by making false or fraudulent representations or was contrary to these rules.
Rule13 Relaxation of rules
Notwithstanding anything contained in these rules, the State Government may suo motu, or on the recommendation of the Divisional Commissioner or the Deputy Commissioner, if it is of the opinion that in the circumstances of any case or classes of cases, it is just and reasonable to relax any of the provisions of these rules it may, by order, direct such relaxation, subject to such conditions as may be specified in the order and thereupon lands may be granted in such a case or classes of cases in accordance with such direction.
APPENDIX 1 Application for grant of land unauthorisedly occupied
FORM I
[See Rule 3]
Application for grant of land unauthorisedly occupied
1. Name of the applicant:
2. Address and occupation:
3. Place of Residence:
(Please state here whether you were a permanent resident within the limits of the Taluk in which the land is situated before 1st July, 1968 and if so, specify the place of residence.)
4. Father's/Husband's Name:
5. Particulars of lands unauthorisedly occupied: Village Taluk S.No. Class of land Extent Use which land to put (1) (2) (3) (4) (5) (6) Wet Garden Dry Plantation
6. The date from which the applicant is in unauthorised occupation:
7. Particulars of T.T. fine paid, if any:
8. Whether the applicant or any member of his family had previously applied for grant of such land and if so, the particulars of the endorsement received thereto.
9. Particulars of lands owned by the applicant inside the State or outside the State: Taluk Village S.No. Extent Assessment paid Wet Garden Dry Plantation
10. Annual income of the applicant from all sources:
Certified that the particulars furnished above are true and correct to the best of my knowledge.
Signature of the applicant.
APPENDIX 2 NOTICE
FORM II
[See Rule 4]
NOTICE
..It is hereby notified that whereas Sri/Smt...........of.............Village,...............Taluk, has applied for the grant of land specified in the Schedule below which is stated to be in his/her unauthorised occupation from the.............It is proposed to grant............(here specify the extent of land proposed to be granted) out of the said land to him/her on payment of Rs.............(here specify the amount to be paid). Any person having objection to the proposed grant may send his objections to the undersigned so as to reach him on or before.......................(here specify the date).
SCHEDULE
[Here enter the details]
Place:
Date:.Deputy Commissioner
..Certified that the above notice was published by affixing it in..............(place to be specified), on........(date to be specified).
Village Accountant Revenue Inspector
APPENDIX 3 FORM
FORM III
[See Rule 4]
..Sri/Smt...............of............village is hereby informed with reference to his/her application, for the grant of the land specified in such application, it is proposed to grant the said land/or an extent of...................out of such land.
..He/She should within..............(not less than fifteen days) from the date of issue of this notice intimate the undersigned, his/her willingness to accept the grant and if he/she is willing to accept the grant should deposit a sum of (Rs.........(Rupees.............) in the Office of the Tahsildar of the Taluk within..............from the date of issue of this notice. The challan for having deposited the amount shall be sent to the undersigned within one week from the date of deposit.
Place:
Date:
Deputy Commissioner.
KARNATAKA GRANT OF LAND IN CASE OF CONSTRUCTION OF DWELLING HOUSES IN OCCUPIED LAND RULES, 1999
Whereas, the draft of the Karnataka Grant of Land in case of construction of Dwelling Houses in occupied Land Rules, 1999 was published as required by sub-section (1) of Section 197 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964) in Notification No. RD 57 LPG 98(P-II), dated 31st December, 1999 published in Part IV, Section 2-C(i) of Karnataka Gazette, Extraordinary, dated 1st January, 2000 inviting objections or suggestions from all the persons likely to be affected thereby within thirty days from the date of its publication in the Official Gazette. And whereas, the said Gazette was made available to the public on 1st January, 2000. And whereas, the objections and suggestion received have been considered. Now, therefore, in exercise of the powers conferred by Section 197 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), the Government of Karnataka hereby makes the following rules, namely:
Rule1 Title and commencement
(1) These rules may be called the Karnataka Grant of Land in case of Construction of Dwelling Houses in Occupied Land Rules, 1999.
(2) They shall come into force on the date of their publication in the Official Gazette.
Rule2 Definitions
(1) In these rules, unless content otherwise requires.
(a) "Act" means, the Karnataka Land Revenue Act, 1964 (Kar- nataka Act 12 of 1964);
(b) "Person belonging to the Economically Weaker Sections" means any person whose total annual income including that of any members of his family does not exceed Rs. 12,000/- in urban areas and Rs. 10,000/- in rural areas;
(c) "Form" means a form appended to these rules;
(d) "Schedule" means a Schedule appended to these rules;
(e) "Section" means a section of the Act.
(2) Words and expression used in these rules but not defined, shall have the meaning assigned to them in the Karnataka Land Revenue Act, 1964 and the rules made thereunder.
Rule3 Application for grant of land and procedure for verification
(1)Application for grant of land under Section 94-C shall be made in Form 1 within six months from the date of commencement of these rules along with a fee of Rs. 50/- (Rupees fifty only) in respect of others and Rs. 5/- (Rupees five only) in respect of Scheduled Castes and Scheduled Tribes in the form of cash payable in the office of the Tahsildar and shall be addressed to the Tahsildar of the Taluk accompanied by a site plan of the land wherein the unauthorised construction is situated indicating the site and location of unauthorised construction including the appurtenant plan comprised therein and such other documents as may be required.
(2) The Deputy Commissioner shall indicate the time within which each stage of the application, from receipt/suo motu identification of application/ cases to issuance of Provisional Certificate of grant, be finalised keeping in view the stipulation that the entire process shall be completed within a period of one year from the date of commencement of these rules.
Rule4 Manner of enquiry
The Prescribed Authority shall issue notice in Form 2, to every person who has made an application, to appear before him, on such date as may be specified therein and to produce documents if any in support of his claim. The Prescribed Authority may also issue public notice to be notified on the Notice Board of the Local Authority and by beat of Tom fixing dates for conduct of enquiry which shall be held in the presence of the residents of the village. On completion of the enquiry, the Prescribed Authority shall in all eligible cases pass a provisional order granting the land.
Rule5 Conditions for grant of land
(1) The grant of land under these rules shall be made subject to the following conditions, namely.
(i) No land shall be granted under Section 94-C, if the person who has applied for grant of such land or any member of his family owns any building or site within the urban or rural areas in which the land for which application is made is situated;
(ii) No person shall be eligible for grant" of land for more than one dwelling house either in his name or in the name of any member of his family;
(iii) The land so granted shall not be alienated for a period of fifteen years from the date of receipt of order of grant:
Provided mat a mortgage or lease of the building and the site in favour of the State Government or a Scheduled Bank or Life Insurance Corporation of India, for improvement of building shall not be regarded as alienation for the purpose of these rules;
(iv) The grantee shall not use the building for any purposes other than as a dwelling house.
(2) If the grantee contravenes any of the conditions specified above, the land and the building shall be liable to resumption at the discretion of the Deputy Commissioner without payment of any compensation to the grantee.
(3) The site or building granted may be alienated with the previous sanction of the Government and subject to such conditions as the Government may specify. The Government may permit such alienation if is Of the opinion that in the circumstances of any case, it is just and reasonable to permit alienation for acquiring some other site or building or for any other purpose.
(4) The grant is liable to be terminated and the site or building resumed if the site or building is appropriated for a purpose, other than that for which it is granted.
(5) The grant of land shall be subject to the provisions of any other Act and rules for the time being in force relating to the construction of dwelling houses.
Rule6 Amount to be paid for grant of land
After the provisional grant of land under Rule 4, the grantee shall pay the amount as specified in the Schedule within two months from the date of provisional order of grant, and shall get the deed executed at his cost. On execution of the title deed, the Prescribed Authority shall issue an order of grant of land:
Provided that the amount payable by the grantees who are persons belonging to the Economically Weaker Sections or the Scheduled Castes or the Scheduled Tribes shall be fifty per cent of the rates specified in the Schedule.
Rule7 Prescribed Authority
The Prescribed Authority for the purpose of these rules shall be the officers specified in column (2) of the Table below for the areas specified in corresponding column (3) of the Table.
Rule8 Power of the Prescribed Authority
The Prescribed Authority shall, while exercising the powers under Section 94-C shall have.
(a) power to obtain, such report from such officers and authorities in respect of land unauthorisedly occupied in which unauthorised construction is made as it may deem necessary;
(b) power to measure or cause to be measured the unauthorised constructions and the land appurtenant thereof.
Rule9 Application of Rules
(1) These rules shall mutatis mutandis apply to cases under sub-section (4) of Section 96 of the Act.
(2) Provisions of Rules 108-K, 108-L, 108-M and 108-N of the Karnataka Land Revenue Rules, 1966 shall be applicable mutatis mutandis to grant of land under these rules.
APPENDIX 1 Application for regularisation of unauthorised construction
FORM 1
[See Rule 3]
Application for regularisation of unauthorised construction
1. Name of the Applicant 2. Age of Applicant 3. Father's /Husband's name 4. Address of the applicant 5. Occupation 6. Is the applicant a member of SC/ST (Certificate to be enclosed) 7. Gross annual income of the applicant (Income Certificate from Tahsildar to be enclosed) 8. Particulars of all the unauthorised construction made by the applicant or his spouse of family District Village Sl. No. Area of bldg. Dimensions of the site on which bldg. is constructed No. of floors including ground floor 9. Particulars of all the unauthorised construction sought to be regularised District Village Sl. No. Area of bldg. Dimensions of the site appurtenant to the bldg. No. of floors including ground floor (Copy of the sale deed of the revenue site, if any, site plan of the land ground plan indicating the alleviations, sections of the building and specification of the work to be enclosed) 10. Date of completion of the unauthorised construction (supporting documents to be enclosed) 11. Particulars of the site/house already owned by the applicant or his spouse of unmarried minor children within the Urban Area/Rural Area. State and District Taluk and Village Sy. No. Extent 12. Whether any other Members of the family of the applicant has unauthorised construction and applied for its regularisation and if so, the details thereof. Extent of Built of area Sy. No. Village Taluk 13. Whether the photo of the applicant along with the photo of the UAC is enclosed.
Certified that the particulars furnished above are true and correct to the best of my knowledge.
Place:
Date:
Signature of the Applicant
Acknowledgement
Registration No..........dated..........Received an application from Shri/Smt................for regularisation of Unauthorised Construction of land in Sy. No............of Village...........of Taluk.
Receiving Clerk in the Office with Seal.
APPENDIX 2 Summons for appearance for production of documents
FORM 2
[See Rule 4]
Summons for appearance for production of documents
From:
...........of Taluk...........District,.
To
Sri/Smt..............son of/daughter of.....residing in.......... Village of...........Circle.
Whereas for the purpose of an enquiry into...........(here specify the subject of the enquiry) your attendance is considered necessary to examine you as a party to given evidence as a witness/to produce document, you are hereby summoned to appear in person/by an authorised agent before the undersigned in his office on.........(here specify date)........at......(here specify time) for the purpose of giving evidence/to produce the document specified in the margin or for both.
Given under my hand this day of.............
Signature
Designation
Seal: (to be affixed if such Officer has a seal)
Rate for Regularisation   Â
Sl. No. Place Area Dimensions (in fts.) Rate for regulari sation Rs. per sq. ft. (1) (2) (3) (4) (5) 1. Bangalore Municipal Corporation limits and all lands within distance of 18 kms. from Corporationlimits upto 30 x 40upto 40 x 60upto 50 x 80 6.50 18.60 27.90 2. Mysore, Mangalore, Hubii-Dharwad and Belgaum Municipal Corporation limits and all lands within distance of 8 kms. from Corporation limits upto 30 x 40upto 40 x 60upto 50 x 80 4.70 14.10 20.90 3. Gulbarga, Davangere Bellary and Bijapur Municipal limits and all lands within a distance of 8 kms. from Municipal limits upto 30 x 40upto 40 x 60upto 50 x 80 3.30 9.30 14.00 4. Other District Headquarters and Gadag, Dandeli, K.G.F., Hospet, Udupi, Shimoga, Bhadravathi and Bagalkot Municipal limits and all lands within a distance of 5 kms. from Municipal limits upto 30 x 40upto 40 x 60upto 50 x 80 1.90 4.70 7.00 5. Other Places (Urban) upto 30 x 40upto 40 x 60upto 50 x 80 1.00 1.90 2.80 6. Other Places (Rural) upto 30 x 40upto 40 x 60upto 50 x 80 0.50 1.00 1.40
Regulation:
COORG LAND AND REVENUE REGULATION, 1899
A Regulation to amend and declare the Law in force in Coorg in respect of the Land and Revenue. Whereas, it is expedient to amend and declare the law in force in Coorg with respect to the making and maintenance of records-of-rights in land, the assessment and collection of land revenue, and other matters relating to land and the liabilities incident thereto; It is hereby, enacted as follows.
CHAPTER 1 Preliminary
Regulation1 Title, extent and commencement
(1) This Regulation may be called the Coorg Land and Revenue Regulation, 1899.
(2) It extends to the territories for the time being administered by the Chief Commissioner of Coorg; and
(3) It shall come into force on such date as the 2[State Government] may, by notification, appoint in this behalf.
Regulation2.
22. Substituted by A.O. 1950 [Repeal] Repealed by Central Act I of 1938.
Regulation3 Definitions
In this Regulation, unless there is anything repugnant in the subject or context.
(1) "Revenue Officer" means a person having authority under this Regulation to discharge any of the functions of a Revenue Officer;
(2) "Village Officer" means any Officer employed in or about the business of the revenue or of the surveys, assessment, accounts or records connected therewith, but does not include a "Revenue Officer;"
(3) "Land" includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth, and also shares in, or charges on, the revenue or rent of estates or other defined portions of territory;
(4) "Estate" means any village or other area.
(a) for which a separate record-of-rights has been framed; or
(b) which the 11. Substituted by the A. O-1950 [State Government] may, by general rule or special order, declare to be an estate.
(5) "Holding" means any area which has been separately assessed to land revenue, or would have been so assessed if the land revenue had not been released, compounded for or redeemed.
(6) "Holder" or "Landholder" signifies the person who is in possession of a holding or any share or portion thereof or in the enjoyment of any part of the profits thereof and who is bound by law, contract or local usage to pay land revenue direct to the Government, but does not include a tenant.
(7) "Tenant" means a person who holds land under another person and is, or but for a special contract would be, liable to pay rent for that land to that other person.
(8) "Survey mark" includes any erection, whether of earth, stone or other material, and also any hedge, vacant strip of ground or other object, whether natural or artificial set up, employed or specified by a Revenue Officer, in order to designate the boundary of any land.
(9) "Publication", "Published", "Notification" and "Notified" refer to publication or notification in the Coorg District Gazette.
(10) "Revenue" includes land revenue and cesses 22. The words "and mohatarfa" omitted by the Coorg Land and Revenue (Amendment) Regulation, 1911 (IV of 1911) [x x x x x] and every other sum payable to the Government in accordance with law, contract or local usage in respect of the occupancy of land, or the use of its products, or the supply of water to it for irrigation; and
(11) "Moveable Property" includes growing crops and ungathered products of land.
CHAPTER 2 Revenue Officers
Regulation4 Classes of Revenue Officers
There shall be 3[three] classes of Revenue Officers, namely.
(a) the Chief Commissioner;11. Deleted by Schedule II of Coorg Act VI of 1940 [x x x x x;]
(b) the Assistant Commissioner; and
(c) the Subedar.
Regulation5 Chief Controlling Revenue Authority
The Chief Controlling Authority in all matters connected with the land revenue is vested in the 22. Substituted by the A.O. 1950 [State Government] subject to the control of the 33. Substituted by the A.O. 1937 [Central Government] and all other Revenue Officers shall be subordinate to it.
Regulation6.
44. Deleted by Schedule III of Coorg Act VI of 1940 [x x x x x]
Regulation7 Assistant Commissioners
There shall be such number of Assistant Commissioners as the 55. Substituted by the A.O. 1950 [State Government] may, from time to time, sanction. They shall be appointed by 66. Substituted by the A.O. 1950 [State Government], and shall perform such duties as the 77. Substituted by the A.O. 1950 [State Government] from time to time direct.
Regulation8 Taluks
(1) There shall be such taluks, and each taluk shall consist of such nads and estates, as may be notified by the 88. Substituted by the A.O. 1950 [State Government.]
(2) The present taluks, nads and estates, shall remain as they are for the purposes of this Regulation until altered by the 99. Substituted by the A.O. 1950 [State Government.]
Regulation9 Subedars
The Chief Officer entrusted with the local revenue administration of a taluk shall be called a Subedar. He shall be appointed by 1010. Substituted by the A.O. 1950 [State Government] and shall be subordinate to the 1111. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner]. His duties and powers shall be confined to the limits of his taluk and shall be such as may be expressly imposed or conferred upon him by this Regulation or the rules thereunder, or by any other law for the time being in force, or as may be imposed upon or delegated to him by the Assistant Commissioner under the general or special orders of the 1212. Substituted by the A.O. 1950 [State Government.]
Regulation10 Power to make rules regarding appointment, removal and duties of Subedars
The 11. Substituted by A. O. 1950 [State Government] may make rules for the appointment, removal and duties of Subedars.
Regulation11 Conferment of powers of Revenue Officer
(1) The 22. Substituted by A.O. 1950 [State Government] may, by notification, confer, on any person. 33. Deleted by Schedule II of Coorg Act VI of 1940 [x x x x x;] all or any of the powers with which an Assistant Commissioner or a Subedar may be invested 44. Substituted by Schedule II of Act VI of 1940 [under this Regulation] and may, in like manner, withdraw any powers so conferred.
(2) A person on whom powers are conferred under sub-section (1) shall exercise those powers within such local limits and in such classes of cases as the 55. Substituted by A.O. 1950 [State Government] may direct, and, except as otherwise directed by the 66. Substituted by AO. 1950 [State Government] shall for all purposes connected with the exercise thereof be deemed to be 77. Substituted by Schedule II of Act VI of 1940 [an] Assistant Commissioner or Subedar, as the case may be.
(3) If any of the powers of the 88. Substituted by Schedule II of Act VI of 1940 [Assistant Commissioner] under this Regulation are conferred on a Subedar, they shall, unless the 99. Substituted by A.O. 1950 [State Government] by special order otherwise directs, be exercised by him subject to the control of the 1010. Substituted by Schedule II of Act VI of 1940 [Assistant Commissioner.]
Regulation12 Powers of Revenue Officers
Except where the class of the Revenue Officer by whom any function is to be discharged is specified in this Regulation, the 1111. Substituted by A.O. 1950 [State Government] may, by notification, determine the functions to be discharged under this Regulation by any class of Revenue Officers.
CHAPTER 3 Appeal, Review and Revision
Regulation13 Appeals
Save as otherwise provided by this Regulation, an appeal shall lie from an original or appellate order of a Revenue Officer as follows, namely.
11. Substituted by Schedule II of Act VI of 1940 [(a) to the Assistant Commissioner when the order is made by a Subedar;
(b) to the 22. Substituted by A.O. 1950 [State Government when the order is made by the Assistant Commissioner or by the Commissioner before the date on which the Coorg (Transfer of Functions Act, 1940) comes into force.]
Provided that, when an original order is confirmed on first appeal, a further appeal shall not lie.
Regulation14 Limitation for appeals
Save as otherwise provided by this Regulation, the period of limitation for an appeal under the last foregoing section shall run from the date of the order appealed against and shall be as follows, that is to say.
(a) when the appeal lies to 33. Substituted by Schedule II of Coorg Act VI of 1940 [the Assistant Commissioner] thirty days;
(b) when the appeal lies to the Chief Commissioner ninety days.
Regulation15 Review by Revenue Officers
(1) A Revenue Officer may either of his own motion or on the application of any party interested, review, and on so reviewing, modify, reverse or confirm, any order passed by himself or by any of his predecessors in office: Provided as follows.
(a) when a Revenue Officer of a class below that of 4[Assistant Commissioner] proposes to review any order, passed whether by himself or by any of his predecessors in office, he shall first obtain the sanction of the 5[Assistant Commissioner;]
(b) an application for the review of an order may be summarily rejected, if it is not made within ninety days from the passing of the order, unless the applicant satisfies the Revenue Officer that he had sufficient cause for not making the application within that period;
(c) an order shall not be modified or reversed unless reasonable notice has been given to the parties affected thereby to appear and be heard in support of the order; and
(d) an order against which an appeal has been preferred, shall not be reviewed.
(2) No appeal shall lie from an order refusing to review, or confirming on review, a previous order.
Regulation16 Computation of periods of limitation for appeals and applications for review
In the computation of the period for an appeal from, or an application for the review of, an order under this Regulation, the limitation therefor shall be that prescribed by the Indian Limitation Act, 1877.
Regulation17 Power to call for records and revise proceedings of Revenue Officers
(1) The Chief Commissioner or the 11. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant] Commissioner may at any time call for the record of any case pending before, or disposed of by, any Revenue Officer subordinate to him.
(2) If in any case it shall appear to the 22. Substituted by A.O. 1950 [State Government] or the 33. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant] Commissioner that any decision or order or proceeding in a case so called for should be modified, annulled or reversed, he may pass such order thereon as he deems fit:
Provided that he shall not under this section pass an order modifying, annulling or reversing any order or proceeding of a subordinate Revenue Officer affecting any question of right between private persons without giving those persons an opportunity of being heard.
CHAPTER 4 Procedure
Regulation18 Power to make rules as to procedure
(1) The [State Government] may make rules consistent with this Regulation for regulating the procedure of Revenue Officers in cases in which a procedure is not prescribed by this Regulation.
(2) Such rules may provide, among other matters, for the mode of enforcing orders of ejectment from, and delivery of possession of, immoveable property, and rules providing for those matters may confer on a Revenue Officer all or any of the powers in regard to contempts, resistance and the like, which a Civil Court may exercise in the execution of a decree whereby it has adjudged ejectment from, or delivery of possession of, such property.
(3) Subject to any rules made under this section, a Revenue Officer may refer any case which he is empowered to dispose of under this Regulation, to any other Officer for investigation and report, and may decide the case on the report of such other Officer.
Regulation19 Subordination of Revenue Officers
In all official acts and proceedings every Revenue Officer shall, in the absence of any express provision of law to the contrary, be subject, as to the place, time and manner of performing his duties, to the direction and control of the Officer to whom he is immediately subordinate.
Regulation20 Power of Revenue Officer to summon persons
(1) A Revenue Officer may summon any person whose attendance he considers necessary for the purpose of any business before him as such.
(2) Every person so summoned shall be bound to appear at the time and place mentioned in the summons in person or, if the summons so allows, by his recognized agent or a legal practitioner.
(3) Every person attending in obedience to a summons shall be bound to state the truth upon any matter respecting which he is examined or makes statements, and to produce such documents and other things relating to any such matter as the Revenue Officer may require.
Regulation21 Mode of service of summons
(1) Every summons shall, if practicable, be served (a) personally on the person to whom it is addressed, or failing him, on (b) his recognized agent, or on (c) an adult male member of his family usually residing with him.
(2) If service cannot be made as aforesaid, or if acceptance of service so made is refused, the summons may be served by posting a copy thereof on the usual or last known place of residence of the person to whom it is addressed, or, if that person does not reside in the taluk in which the Revenue Officer is employed and the case to which the summons relates has reference to land in that taluk, then by posting a copy of the summons on some conspicuous place on the land.
(3) If the summons relates to a case in which the persons having the same interest are so numerous that personal service on all of them is not reasonably practicable, it may, if the Revenue Officer so directs, be served by delivery of a copy thereof to such of those persons as the Revenue Officer nominates in this behalf and by proclamation of the contents thereof for the information of the other persons interested.
(4) A summons may, if the Revenue Officer so directs, be served on the person named therein by post, either in addition to, or in substitution for, any other mode of service.
Regulation22 Mode of serving notices
(1) Every notice or copy of a notice issued by a Revenue Officer for service on any person shall be served in the manner provided in the last foregoing section.
(2) No such notice shall be deemed void on account of any error in the name or designation of any person referred to therein unless when such error has produced substantial injustice.
Regulation23 Penalty for failure to attend in certain cases
Whoever, being required by a summons, notice, order or proclamation proceeding from a Revenue Officer to attend at a certain time and place within the limits of the nad in which he ordinarily resides, fails to comply with such requisition, shall be liable, at the discretion of the Revenue Officer to fine which may extend to fifty rupees.
CHAPTER 5 Parpattigars and Village Officers
Regulation24 Power to make rules respecting parpattigars and Village Officers
(1) The 11. Substituted by A.O. 1950 [State Government] may make rules to regulate the appointment, duties, emoluments, punishment, suspension and removal of parpattigars and Village Officers. 22. Sub-section (2) of Section 24 repealed by the Repealing and Amending (Rates and Cesses) Act, 1907 (IV of 1907) [x x x x x.]
Regulation25 Village Officers' cess
Rep. by the Repealing and Amending (Rates and Cesses) Act, 1907 (IV of 1907).
Regulation26 Limit of cess
Rep. by the Repealing and Amending (Rates and Cesses) Act, 1907 (IV of 1907).
Regulation27 Restriction on attachment or assignment of emoluments
(1) The emoluments of a parpattigar or Village Officer shall not be liable to attachment in execution of a decree of any Civil Court.
(2) An assignment of, or charge on, or an agreement to assign or charge, any such emoluments shall be void.
CHAPTER 6 Record of Rights and Annual Records
Regulation28.
xxxx
Regulation29.
xxxx
Regulation30.
xxxx
Regulation31.
xxxx
Regulation32.
xxxx
Regulation33.
xxxx
Regulation34.
xxxx
Regulation35.
xxxx
Regulation36.
xxxx
Regulation37.
xxxx
Regulation38.
xxxx
Regulation39.
xxxx
Regulation40.
xxxx
Regulation41.
xxxx
CHAPTER 7 Government Rights in Land, and Encroachment on Public or Government Lands
Regulation42 All public roads, etc
and all lands which are not the property of others, belong to Government. All public roads or thoroughfares, bridges, ditches, dykes and fences on or besides the same, beds of rivers, streams, nallas and tanks, and all canals and water-courses, and all standing and flowing water, and all lands wherever situated, which are not the property of individuals or of aggregates of individuals legally capable of holding property, except in so far as any rights of such individuals may be established in or over the same and save as may be otherwise provided by any law for the time being in force, are, and are hereby declared to be, with all rights in or over the same or appertaining thereto, the property of the Government; and it shall be lawful for the 11. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] to dispose of such property as aforesaid in such manner as may be authorised by the Government, subject always to the rights of way and all other rights of the public or individuals legally subsisting.
Regulation43 Summary eviction in case of encroachments upon public roads, etc., and Government land
(1) When any public road or thoroughfare, or any bridge, ditch, dyke or fence on or beside the same, or the bed of any river, stream, nalla, tank, canal or water-course, or any land, the property of the Government, has been unauthorizedly occupied by any person, the 22. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] may, after due inquiry has been made and recorded by a Revenue Officer and provided that the unauthorised occupation is of less than twelve years standing, summarily of evict the occupier and confiscate any crop he may have raised on the land, and, if not removed by him after such written notice as the 33. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] may deem reasonable, take possession of any building or other construction the occupier may have erected on the land and dispose of it as he may deem proper.
(2) The proceedings of the 44. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] under sub-section (1) shall be subject to any decree or order which may be subsequently passed by any Court of competent jurisdiction
Regulation44 Relinquishment and re-occupation of lands
(1) Any land-holder or, where there are more landholders than one, such land-holders may, by giving written notice to a Revenue Officer, relinquish his or their entire holding to the Government.
(2) Such relinquishment shall take effect from such date as the 55. Substituted by A.O. 1950 [State Government] may by rule direct and the notice must be given not less than one month before such date.
(3) Any person desirous of taking up land which has been relinquished under sub-section (1), must obtain the permission in writing of a Revenue Officer, and the 66. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] may summarily evict any person from such land if no such permission has been obtained by him.
Regulation45 Summary eviction in case of alienation of certain lands
11. Substituted by Act II of 1947 Except with the permission of the Assistant Commissioner recorded in each case in writing under the general or special orders of the 22. Substituted by the A.0.1950 [State Government], the alienation of lands of which the land revenue has been wholly or partly assigned or released by sale, gift, mortgage or otherwise, and also sales, gifts, mortgages or release of maintenance shares of such lands in a family patta in favour of members of the same family are prohibited and the Assistant Commissioner may summarily evict any person from such lands if so alienated and take possession of them on behalf of the Government. 'Family' for the purpose of this section means and includes direct descendants in the male line of the original grantee of the land.
Regulation46 Procedure in cases of eviction from wrongful possession
(1) When under either of the three last foregoing sections or under any other law for the time being in force the 33. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] evicts any person wrongfully in possession of land, such eviction shall be made in the following manner, namely.
(a) by serving a notice on the person in possession, requiring him within such time as may appear reasonable after receipt of the said notice to vacate the land; and
(b) if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same.
(2) If the officer removing any person under sub-section (1) is resisted or obstructed by any person, the 11. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause, and that such resistance and obstruction still continue, may, without prejudice to any proceedings to which such person may be liable under any law for the time being in force for the punishment of such resistance or obstruction, issue a warrant for the arrest of the said person; and on his appearance commit him to close custody in the office of any Revenue Officer or send him with a warrant in the form set forth in the Second Schedule, for imprisonment in the Civil jail of the district for such period, not exceeding thirty days, as may be necessary to prevent the continuance of such obstruction or resistance.
Regulation47 Rights of Government in mines, etc
(1) Unless it is otherwise expressly provided by the terms of any grant made, or of any other instrument of transfer executed, by the Government, the right to all mines, minerals and quarries and to all earth-oil and gold washings and sandalwood trees in all lands and to all sub-soil rights in bane lands, and the right to take from all lands stones or material for repair of public roads, shall vest in the Government, and the Government shall have all the powers necessary for the proper enjoyment or disposal of such right.
(2) If for the purpose of the exercise of any of the rights referred to in this section, either by the Government or by any person acquiring such rights from the Government, any land in the holding or enjoyment of others is required, such land may be acquired in accordance with the provisions of the Land Acquisition Act, 1894 (I of 1894); and whenever, in the exercise of any of the rights aforesaid any damage is caused to any landholder by the disturbance of the surface of such land, and such landholder and the Government are unable to agree as to the amount of compensation to be paid to the former in respect of such damage, the amount shall be determined in accordance with the said provisions.
CHAPTER 8 Assessment
Regulation48 Liability of all land to assessment
(1) All land, to whatever purpose applied and wherever situate, is liable to the payment of land revenue to the Government, except such land as has been wholly exempted from that liability by special contract with the Government or by the provisions of any law for the time being in force.
(2) The holder of every holding shall be liable for the payment of the land revenue assessed thereon; and, where there are two or more holders of the same holding, the 11. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] shall decide who shall be primarily liable for the land revenue.
(3) Land may be assessed to land revenue notwithstanding that that revenue, by reason of its having been assigned, released, compounded for or redeemed, is not payable to the Government.
Regulation49 Notification of intended re-assessment, and instructions as to principles of assessment
(1) A general reassessment of the land revenue shall not be undertaken without the notification of the previous sanction of the 22. Substituted by A.O. 1937 [Central Government.]
(2) In granting such sanction the 33. Substituted by A.O. 1937 [Central Government] may prescribe such principles of assessment and give such other instructions as he thinks fit.
Regulation50 Mode of determining assessment
(1) The assessment shall be made by a Revenue Officer.
(2) Before making the assessment the Revenue Officer shall report his proposed method of assessment for the sanction of the 44. Substituted by A.0.1950 [State Government] in such form as the 55. Substituted by A.O. 1937 [State Government] may prescribe.
Regulation51 Announcement of assessment
(1) When the Revenue Officer has obtained the sanction of the 66. Substituted-by A.O. 1950 [State Government] to his proposed method of assessment, he shall make an order determining the assessment proper for each holding, and announce it in such manner as the 77. Substituted by A.0.1950 [State Government] may prescribe.
(2) At the time of announcing the assessment the Revenue Officer shall also declare the date from which it is to take effect, and, subject to the other provisions of this Regulation, it shall take effect accordingly.
Regulation52 Application for reconsideration of assessment
(1) Any landholder assessed to land revenue under the foregoing provisions may, within thirty days from the date of the announcement of the assessment, present a petition to the Revenue Officer for reconsideration of the amount, form or conditions of the assessment.
(2) Where the land revenue is assigned, the assignee thereof may, within thirty days from the date aforesaid, present a like petition to the Revenue Officer.
(3) The order passed by the Revenue Officer on the petition shall set forth his reasons for granting or refusing it.
Regulation53 Confirmation and duration of assessment
(1) No assessment of the land revenue shall be considered final until it has been confirmed by the 11. Substituted by A.O. 1950 [State Government.]
(2) The 22. Substituted by A.O. 1950 [State Government] may modify the assessment of any holding at any time before it is confirmed by him.
(3) The 33. Substituted by A.0.1950 [State Government] shall, when confirming an assessment under this section, fix the period for which the assessment is to be in force: 44. The proviso to sub-section 3 of Section 53 repealed by the Coorg Land and Revenue Amendment Regulation, 1911 [x x x x x.]
Regulation54 Assessment to remain in force until new assessment takes effect
Notwithstanding the expiration of the period fixed for the continuance of an assessment under sub-section (3) of the last foregoing section, the assessment shall remain in force till a new assessment takes effect.
Regulation55 Special assessments
(1) Special assessments may be made by Revenue Officers in any of the following cases, namely.
(a) when land revenue which has been released or assigned is resumed;
(b) when waste lands are sold, leased or granted by the Government;
(c) when the assessment of any land has been annulled;
(d) when, in the opinion of the 55. Substituted by A.0.1950 [State Government] assessments of land revenue require revision in consequence of the action of water or sand or of calamity of season or from any other cause;
(e) when revenue due to the Government on account of pasture or other natural products of land, or on account of mills, fisheries or natural products of water, or on account of any of the other rights described in Section 47 has not been included in an assessment
(f) when water the right to which vests in the Government or which has been available in consequence of the construction, improvement or repair of any irrigation or other work by the Government is made use of by landholders and other persons for the irrigation of land.
(2) The 11. Substituted by A.0.1950 [State Government] may make rules for the guidance of Revenue Officers in making such special assessments.
(3) The foregoing provisions of this Chapter with respect to general assessments, shall, subject to such modifications thereof as the 22. Substituted by A.O. 1950 [State Government] may, by rules under the last foregoing sub-section, prescribe, regulate the procedure of Revenue Officers in making such special assessments.
CHAPTER 9 Collection of Land Revenue and other Demands
Regulation56 Security for the revenue
(1) The land revenue for the time being assessed on a holding shall be the first charge upon the rents, profits and produce thereof, and of any other holding in the possession of the same holder.
(2) Except with the previous consent of the 33. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner], the rents, profits or produce of a holding shall not be liable to be taken in execution of a decree or order of any Court until the land revenue chargeable against the rents, profits or produce and any arrear of land revenue due in respect of the holding have been paid.
Regulation57 Time for payment of revenue
Revenue shall be paid to the 44. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner], or to an Officer empowered by the 55. Substituted by A.O. 1950 [Assistant Commissioner] in this behalf, on or before the day on which it falls due according to the kist-bandi or other engagement, or, where no particular day is fixed, then within the time when the payment falls due according to local usage:
Provided that the 66. The words "with the previous sanction of the Governor-General in Council" [State Government] may, by notification, alter and fix the amount of the several kists or instalments and the dates at which they are to become payable.
Regulation58 Rules to regulate collection, remission and suspension of land revenue
(1) The 11. Substituted by A.0.1950 [State Government] may make rules consistent with this Regulation to regulate the collection, remission and suspension of land revenue, and may, by such rules, determine the circumstances and terms in and on which assigned land revenue may be collected by the assignee.
(2) Where land revenue due to an assignee is collected by a Revenue Officer, there shall be deducted from the sum collected such a percentage on account of the cost of collection as the 22. Substituted by A.0.1950 [State Government] may by rule in this behalf prescribe.
(3) A suit for an arrear of assigned land revenue shall not be entertained unless there is annexed to the plaint at the time of the presentation thereof a document under the hand of the 33. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] specially authorizing the institution of the suit.
Regulation59 Certified account to be evidence as to arrear
A statement of account certified by a Revenue Officer shall be conclusive proof of the existence of an arrear of land revenue, of its amount and of the person who is the defaulter.
Regulation60 Arrear of revenue
(1) When an instalment or a part of an instalment of revenue is not paid on or before the day prescribed by or under Section 57, the 44. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] may at once levy the instalment, or the part of the instalment, as the case may be, in addition to such charge by way of penalty and as costs of process as may be authorized by rules made by the 55. Substituted by A.O. 1950 [State Government] 6[xxx xxx xxx] in this behalf.
(2) Any sum leviable under sub-section (1) shall, for the purposes of this Chapter, be deemed to be an arrear, and the landholder from whom it is leviable, to be a defaulter.
Regulation61 Recovery of arrears
An arrear may be recovered by any one or more of the following processes, namely.
(a) by serving a written notice of demand on the defaulter;
(b) by serving a summons on the defaulter requiring him, in default of payment of the arrear on or before a day to be specified in the summons, to appear before, and explain the default to, the 11. Substituted by Schedule II of Coorg Act II of 1940 [Assistant Commissioner] or the Subedar of the taluk in which the arrear accrued, as the summons may direct;
(c) by the arrest and imprisonment of the defaulter;
(d) by distraint and sale of any movable property belonging to the defaulter, or of the growing crops or ungathered products of the land in respect of which the arrear is due, whether those crops or products do or do not belong to the defaulter;
(e) by attachment, or by attachment and sale, of any land or other immovable property belonging to the defaulter.
Regulation62 Time for issue of process
(1) A notice of demand may be issued on or after the day following that on which the arrear becomes leviable.
(2) Except by the special written order of the 22. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner], a summons under clause (b), or a warrant of arrest under clause (c), or a process of distraint or attachment under clause (d) or clause (e), of the last foregoing section shall not be issued for the recovery of an arrear unless a notice of demand for the arrear or for some part thereof has been served on the defaulter at least seven days previously.
Regulation63 Form and service of notice of demand
(1) A notice of demand shall be in writing signed by the Officer issuing it and shall set forth.
(a) the name of the defaulter;
(b) the land in respect of which the arrear is due;
(c) the amount of the arrear and particulars thereof;
(d) the time allowed for payment of that amount; and
(e) a warning to the defaulter that, if he fails to pay the amount within that time, he shall be liable, as a defaulter, to have his movable property distrained and his land or other immovable property attached.
(2) The time set forth in the notice as the time allowed for payment of the arrear shall be fixed with reference to the distance of the land in respect of which the arrear is due from the place at which the payment is to be made.
(3) A notice of demand shall be served by delivering a copy to the defaulter or to some adult male member of his family at his usual place of residence, or to his authorised agent, or by posting a copy thereof on
Regulation64 Summons to defaulter
(1) At any time after the expiration of seven days from the date of the service of a notice of demand, or sooner, if the 11. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] makes a special written order in this behalf, a summons may be issued to a defaulter requiring him, in default of payment of the arrear on or before a day to be specified in the summons, to appear before, and explain the default to the 22. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] or the Sudedar of the taluk in which the arrear accrued, as the summons may direct.
(2) The summons shall set forth the matters stated in Section 63, sub-section (1), clauses (b) and (c), and shall be served in the manner prescribed for the service of a notice of demand.
Regulation65 Arrest and imprisonment of defaulter
(1) In any case in which a defaulter summoned to appear before the 33. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] under the last foregoing section fails to appear, the 44. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] may issue a warrant directing an Officer named therein to arrest the defaulter and bring him before him.
(2) When a defaulter appears before the 55. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] under this or the last foregoing section, the 66. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] may keep him under personal restraint for a period not exceeding ten days, and then, if the arrear is still unpaid, may send him with a warrant, in the form set forth in the third schedule, to the Officer-in-charge of the civil jail, directing him to confine the defaulter in the jail for such period, not exceeding one month from the date of the order, as the 77. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] may think fit.
CHAPTER 9A Distraint and Sale of Movable Property
Regulation66 Time for making distraint
When the arrear has not been paid in pursuance of the terms of the notice of demand and no arrangement for securing the payment thereof has been entered into the satisfaction of the 88. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner], or of an Officer empowered by the 99. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] in this behalf, the 1010. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner], or an Officer empowered by the 11. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] in this behalf, may order the distraint and sale of such movable property as is described in Section 61, clause (d).
Regulation67 Procedure in distraint
(1) An order under the last foregoing section shall set forth.
(a) the matters stated in Section 63, sub-section (1), clauses (b) and
(b) a warning to the defaulter that such property as may be distrained will be brought to sale under this Chapter unless the arrear is discharged.
(2) A copy of the order signed by, or on behalf of, the Officer making it shall be given to the distrainer and shall be his authority for making the distraint, unless, before it is made, the defaulter pays the arrear to him or satisfies him that the arrear has been paid to the Government.
(3) As soon as may be after the making of a distraint, and at the latest within three days thereafter, the distrainer shall serve on the defaulter a copy of the order with an endorsement thereon specifying the property which has been distrained, and the place where that property is.
(4) The copy so endorsed shall be served on the defaulter in the manner prescribed for the service of a notice of demand.
(5) When the copy of the order has been so served, the distrainer shall transmit an inventory of the property distrained to the nearest Officer empowered under this Chapter to sell distrained property, in order that the property may be publicly sold for the discharge of the arrear.
Regulation68 Withdrawal of distraint on tender of arrear
Where a defaulter tenders to the distrainer payment of the arrear after the distraint of his property and before the sale thereof, the distrainer shall receive the arrear and forthwith release the property.
Regulation69 Disposal of distrained crops
(1) When a distrainer attaches growing crops or ungathered products of land, he may cause them to be sold when fit for reaping or gathering, or may, in his discretion, cause them to be reaped or gathered in due season and stored in proper places until they are sold.
(2) In the latter case the expense of reaping or gathering and storing the crops or products shall be defrayed by the owner upon his redeeming them, or from the proceeds of the sale in the event of the crops or products being sold.
Regulation70 Distraint of crops of a tenant
(1) When growing crops or ungathered products belonging to a tenant have been distrained for the recovery of an arrear, the tenant may pay the arrear and deduct the amount thereof from any rent due from him, then or afterwards, to the defaulter.
(2) When crops or products belonging to a tenant have been sold, the tenant may deduct the value thereof from any rent due from him, then or afterwards, to the defaulter in respect of the land on which the crops or products were grown.
Regulation71 Treatment of distrained property
(1) A distrainer shall not work distrained cattle or suffer them to be worked, or make use of distrained goods or effects or suffer them to be made use of.
(2) Necessary food for distrained cattle shall be provided by the distrainer, and the cost thereof shall be defrayed by the owner upon his redeeming the cattle, or from the proceeds of the sale in the event of the cattle being sold.
Regulation72 Responsibility for distrained property
(1) Where distrained cattle or goods are lost or damaged by reason of necessary precautions for their due preservation not having been taken, or of their having been worked or made use of, as the case may be, in contravention of the last, foregoing section, the amount of the loss or damage shall, on the application of the owner of the property, be determined by the 11. Substituted by Schedule II of Coorg Act IV of 1940 [Assistant Commissioner] and be recoverable by him under this Chapter as an arrear from the Officer whose neglect or act occasioned the loss or damage, and the amount when recovered shall be paid to the person injured.
(2) An order refusing an application under sub-section (1), or determining on such an application the amount of any loss or damage, shall subject to the result of any appeal preferred to the 22. Substituted by A. 0.1950 [State Government] within thirty days from the date of the order, be final.
Regulation73 Distraint not to be excessive
The property distrained shall be, as nearly as possible, proportionate to the amount of the arrear.
Regulation74 Protection of necessary cattle, seed-grains and implements from distraint
(1) Such cattle, seed-grain and agricultural implements as may be required by the defaulter for the purpose of cultivation shall be exempt from distraint.
(2) If the question arises whether or not any cattle, seed-grain or implements should be held to be exempt from distraint under sub-section 11. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner], whose decision thereon shall be final.
Regulation75 Time for making distraint
Distraint shall be made after sunrise and before sunset.
Regulation76 Fraudulent transfer of property to prevent distraint
(1) Where a defaulter makes a fraudulent transfer of property for the purpose of preventing distraint for an arrear, any Civil Court of competent jurisdiction shall, upon the application of the distrainer and proof of the fraudulent nature of the transfer cause the property to be delivered up to the distrainer.
(2) Nothing in sub-section (1) shall be construed to bar a prosecution under the Indian Penal Code.
Regulation77 Land-revenue demand first charge on the land
The title of the Government to the revenue due in respect of any land and to any charge leviable in respect thereof under Section 60 shall be held to prevail over any claim to growing crops or ungathered products on the land, or any claim to any crops or products reaped or gatheres on the land during the year in respect of which an arrear is due or any claim to the proceeds of any such growing or reaped crops or ungathered or gathered products in the possession or under the control of the defaulter or of any Court, whether the claim to the crops or products, or to the proceeds thereof, is founded upon a sale, mortgage, decree, or otherwise howsoever.
Regulation78 Penalty for forcibly or clandestinely taking away distrainted property
(1) Where it is proved to the satisfaction of a Civil Court of competent jurisdiction that distrained property has been forcibly or clandestinely taken away, the Court may, upon the application of the distrainer, cause the property to be restored to him.
(2) Nothing in sub-section (1) shall be construed to bar a prosecution under the Indian Penal Code, 1860 (XLV of 1860).
Regulation79 Forcing of houses by distrainer
The distrainer may force open any stable, cow-house, granary, godown, out-house or other like building, and may enter any dwelling-house of which the outer door is open, and break open the door of any room in that dwelling house for the purpose of distraining property belonging to a defaulter and deposited therein:
Provided that the distrainer shall not, except as provided in the next following section, break open or enter any apartment which is appropriated for the residence of women and by the usage of the country is considered private.
Regulation80 Forcing of outer doors and female apartments by distrainer
(1) Where a distrainer is of opinion that the property of a defaulter is deposited in a dwelling house of which the outer door is shut, or within an apartment which is appropriated for the residence of women and by the usage of the country is considered private, the distrainer shall represent his opinion to the Officer-in-charge of the nearest police station.
(2) On such representation, the Officer-in-charge of the station shall send to the spot a Police Officer, in whose presence the distrainer may break open the outer door of the dwelling house.
(3) The distrainer may also in the presence of the Police Officer sent to the spot under sub-section (2), after requiring the removal of women from an apartment which is appropriated for their residence and by the usage of the country is considered private, and after furnishing means for their removal in a suitable manner, enter the apartment for the purpose of distraining the defaulter's property deposited therein; but the property, if found, shall be immediately removed from the apartment, which shall thereupon be left free for the former occupants.
Regulation81 Punishment for unlawful entry
If, in contravention of the last foregoing section, a distrainer breaks open the outer door of a dwelling house or enters an apartment which he has reason to believe is appropriated for the residence of women and by the usage of the country considered private, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees.
Regulation82 Proclamation of sale
(1) The Officer empowered under this Chapter to sell distrained property shall cause to be posted on the outer door of the defaulter's house or at the place where the property was distrained, an inventory of the property to be sold, with a notice specifying the place where, and the day and hour on and at which, the property is to be sold, and shall cause proclamation of the intended sale to be made by posting a copy of the inventory and notice on the village meeting-place, or by beat of drum or other customary mode as the place where the arrear accrued and at such other place or places (if any) as the 11. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] or an Officer empowered by the 2[Assistant Commissioner] in this behalf, may think fit.
(2) Unless the property distrained is, in the opinion of the Officer empowered as aforesaid, perishable, the sale shall not take place till after the expiration of fifteen days from the day on which the inventory and
Regulation83 Mode of sale
(1) At the appointed time the property shall be put up in one or more lots as the Officer conducting the sale deems advisable, and shall be sold to the highest bidder.
(2) Where the purchase money exceeds the amount of the arrear, the surplus shall be paid to the defaulter.
Regulation84 Payment of purchase-money
(1) The property shall be paid for in ready money at the time of sale or as soon after as the Officer conducting the sale appoints, and the purchaser shall not be permitted to take away any part of the property until he has paid the purchase-money in full.
(2) Where the purchaser fails to pay the purchase-money as required under sub-section (1), the property shall be resold, and the defaulting purchaser shall be liable for any loss arising, as well as for the expenses incurred, on the resale.
(3) Such loss and expenses as aforesaid may be recovered from the defaulting purchaser as if they were an arrear under this Chapter.
(4) Where the property on the resale is sold for a higher price than at the former sale, the balance shall be credited to the defaulter.
Regulation85 Time of making attachment
When the arrear has not been paid in pursuance of the terms of the notice of demand and no arrangement for securing the payment thereof has been entered into the satisfaction of the 11. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner], or of an Officer empowered by the 22. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] in this behalf, the 33. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] or an Officer empowered by the 44. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] in this behalf, may order the attachment of the defaulter's land or other immovable property.
Regulation86 Procedure in attachment
(1) The attachment shall be made by posting a notice thereof on some conspicuous part of the property.
(2) The notice shall set forth.
(a) the matters stated in Section 63, sub-section (1), clauses (b) and (c);
(b) a description of the property attached; and
(c) a warning to the defaulter that, unless the arrear is paid on or before a day to be specified in the notice, the property will be liable to be brought to sale.
(3) The attachment shall be further notified by beat of drum on the property and by posting a copy of the notice on a conspicuous place in the nad office and publishing the notice, if the 11. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] so directs, in the Local Official Gazette.
Regulation87 Power to assume management of attached property
(1) The 22. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] or other Officer ordering the attachment may, at the time of the attachment or at any time during the attachment, assume the management of the property attached.
(2) In that case the 33. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] shall appoint an agent with a proper establishment to manage the property, and shall give the agent a certificate of appointment, with written instructions under his signature, and the expenses of management shall be defrayed out of the income of the property:
Provided that, where the property is too inconsiderable to admit of its being charged with the expense of maintaining an agent and his establishment, it shall be committed to the care of such Officer as the 44. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] may appoint, and that Officer shall be subject to all the provisions of this Chapter with respect to agents.
Regulation88 Notice of assumption of management
Notice of the assumption of management shall forthwith be served on the defaulter in the manner prescribed for the service of a notice of demand and shall be notified by beat of drum on the property and by posting a copy of the notice to the defaulter on a conspicuous place in the nad office and publishing the notice, if the 55. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] so directs, in the Local Official Gazette.
Regulation89 Duties of managing agent
(1) The agent shall, during the continuance of the management, collect the rents and profits due, or accruing due, upon the property.
(2) The agents shall also keep accounts of all his receipts and disbursements, and shall submit the accounts and pay over the balance to the 66. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] or to an Officer empowered by the 11. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] in this behalf, monthly or whenever he is required by the 22. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] or by such Officer to do so, and the defaulter shall be at liberty to inspect the accounts at all reasonable times and to take copies thereof at his own expense without payment of any fee.
Regulation90 Liability of agent to prosecution or suit
The defaulter may proceed by prosecution or suit against the agent in respect of any criminal or illegal act done by him to the injury of the defaulter or his property, and tenants shall have the same remedies against the agent in respect of any act done by him as they would have had against the defaulter if the act had been done by the defaulter.
Regulation91 Effect of existing engagements between defaulter and tenants
(1) Engagements made between the defaulter and his tenants shall, subject to the provisions of sub-section (2), be binding upon the Government during the attachment.
(2) Engagements so made.
(a) collusively with a view to defeat or delay the effect of the attachment; or
(b) by way of lease at rates lower than the usual rates and not in good faith for the erection of factories or buildings or for the purpose of bringing waste land into cultivation; or
(c) after the attachment; shall be void as against the Government if the 33. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] so declares:
Provided that any person aggrieved by a declaration of the [Assistant Commissioner] under this sub-section may institute a suit against the Government to establish the validity of the engagement, and that all charges and encumbrances upon property which has been attached, shall be postponed to the payment of the revenue and expenses consequent on the accrual of any arrear thereof.
Regulation92 Payments by tenants
Payments made by tenants before the date of the promulgation of the notice of the assumption of management to the defaulter, or to any person on his behalf, on account of rent or profits actually due at the time when the payments were made, shall be valid as against the Government; and all such payments made after the date of promulgation of that notice, or falling due after but made before that 1. Substituted by Schedule II of Coorg Act VI of 1940 2. Substituted by Schedule II of Coorg Act VI of 1940 3. Substituted by Schedule II of Coorg Act VI of 1940 4. Substituted by Schedule II of Coorg Act VI of 1940 date, shall be void as against the Government, which may recover, as arrears of rent, the full amount of the payments from the tenants by whom they were made, leaving such tenants to sue the defaulter in a Civil Court.
Regulation93 Withdrawal of attachment on liquidation of arrear
All sums received from the property attached, after payment of the current revenue and expenses of management, shall be carried to the credit of the defaulter in discharge of the arrear due at the time of the assumption of management; and, as soon as the arrear has been so liquidated, the attachment shall be withdrawn and a full account rendered to the defaulter of all receipts and disbursements during its continuance.
Regulation94 Release of property by person interested
Any person claiming an interest in property which has been or is about to be attached for the recovery of an arrear, may obtain its release by paying the arrear, and, where the property has been attached and expenses of management have been incurred, those expenses, and any such payment, if made by a tenant, may be deducted from any rent then or afterwards due from him to the defaulter, and, if made by a mortgagee or other encumbrancer, shall constitute a debt from the defaulter to him and be a charge upon the property, but shall only take priority over other charges according to the date at which the payment was made.
Regulation95 Power of Assistant Commissioner to order sale of attached property
If the 11. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] is of opinion that immovable property attached under this Chapter, whether or not management thereof has been assumed, should be sold, he may order the sale, and thereupon the provisions of the next following sections shall apply.
Regulation96 Mode of sale
(1) The sale of the property shall be by public auction to the highest bidder.
(2) The time and place of sale shall be fixed by the 22. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner], or by an Officer empowered by the 33. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant
(3) The 11. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] or Officer aforesaid may from time to time postpone the sale.
Regulation97 Notice of sale
(1) Before the sale the 22. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner], or an Officer empowered by the 33. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] in this behalf, shall issue a notice thereof in English and in Kanarese, stating whether the property is to be sold for the recovery of an arrear due in respect thereof or for the recovery of any other sum than such an arrear, and specifying the name of the defaulter, the amount of the arrear and the period in respect of which the arrear is due, the position and extent of the property and of the buildings (if any) thereon, the amount of the revenue assessed on the property or on its several parts, and the time, place and condition of sale.
(2) The notice shall be posted for one month at least before the sale on a conspicuous place in the 44. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner's office], the taluk office and the nad office, and on some conspicuous part of the property.
(3) In the case of a coffee-estate exceeding fifty acres in extent, and in any other case in which it may appear to the 55. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] to be desirable, a notice of the intended sale shall also be published at least one month before the sale in the Coorg District Gazette or in one or more of newspapers having a circulation in Coorg.
Regulation98 Payment of purchase-money
(1) A sum equal to fifteen per cent of the purchase-money of the property shall 66. Substituted by Coorg Act I of 1942 [immediately after] the sale be deposited by the purchaser with the Officer conducting the sale; and, where the remainder of the purchase-money is not paid within thirty days from that day, the sum so deposited shall be liable to forfeiture by order of the 77. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner], and may, by a like order, be applied in reduction of the arrear for the recovery of which the sale was held.
(2) Where the purchaser refuses or omits to deposit the sum, immediately after the sale or to complete within thirty days from the day of the sale the payment of the remaining purchase money, the property shall be resold at the risk and expense of the recusant or defaulting purchaser, and the loss
(3) Where the property on the resale is sold for a higher price than at the former sale, the increase shall be credited to the defaulter.
11. Substituted by CoorgAct II of 1938 [(4) The provisions of the first, second and third sub-sections of this section shall not apply to immovable property sold under this Regulation which is purchased by the Government]
Regulation99 Agent to name their principals
(1) Any person bidding at the sale may be required by the Officer conducting the sale to state whether he is bidding on his own behalf or as an agent, and in the latter case to produce a written authority signed by his principal.
(2) If the person does not comply with the requisition, his bid may be rejected.
Regulation100 Tender of arrear up to sunset of last office day before sale
(1) The defaulter, or any person acting on his behalf or claiming an interest in the property may, at any time before sunset on the last office day preceding the day fixed for the sale, pay to the Officer who is to conduct the sale the full amount of the arrear and of the expenses of management (if any), and thereupon the sale shall be stayed.
(2) Any such payment made by a tenant, or by a mortgagee or other encumbrancer, shall be deemed to be a payment made under Section 94.
Regulation100A Application to set aside sale of immovable property on deposit
22. Inserted by CoorgAct II of 1947 (1) The defaulter, or any person acting on his behalf or claiming an interest in the property may, at any time within thirty days from the date of sale, deposit in the treasury of the taluk in which the property is situated.
(a) a sum equal to 5 per centum of the purchase money;
(b) a sum equal to the arrears of revenue for which the property was sold, together with the expenses of attachment, management, if any, sale and other costs due in respect of such arrears, and may apply to the Assistant Commissioner to set aside the sale.
(2) If such deposit and application are made within thirty days from the date of sale, the Assistant Commissioner shall pass an order setting aside the sale, and shall repay to the purchaser the purchase money so far as it has been deposited together with the 5 per centum deposited by the applicant.
(3) If a person applies under Section 102 to set aside the sale of the property, he shall not, unless he withdraws such application, be entitled to make an application under this section.]
Regulation101 Report of sale to Assistant Commissioner
11. Substituted by Schedule II of Coorg Act VI of 1940 Every sale of immovable property under this Chapter shall be reported to the 2[Assistant Commissioner] by the Officer conducting it.
Regulation102 Application to set aside sale
(1) At any time within the thirty days from the date of the sale application may be made to the 33. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] to set aside the sale on the ground of some material irregularity or mistake or fraud in publishing or conducting it.
(2) But, except as provided in the next following section, a sale shall not be set aside on the ground of irregularity or mistake unless the applicant proves to the satisfaction of the 44. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] that he has sustained substantial injury thereby.
(3) If the application be allowed, the 55. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] shall set aside the sale and direct a fresh one.
Regulation103 Order confirming or setting aside of sale
(1) After the expiration of thirty days from the date of sale, 66. Inserted by Coorg Act II of 1947 [if no application to have the sale set aside is made under Section 100-A or under sub-section (1) of Section 102], or if such application has been made and rejected, the 77. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] shall make an order confirming the sale; and, if such application has been made and allowed, the 88. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] shall make an order setting aside the sale:
Provided that, if the 99. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] has reason to think that the sale ought to be set aside notwithstanding that no such application has been made, or on grounds other than those alleged in any application which has been made and rejected, he may, after recording his reasons in writing, set aside the sale.
(2) An order of the 1010. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] setting aside a sale under this section shall be final.
(3) An order of the 11. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] confirming a sale under this section shall be final.
(a) on the expiration of thirty days from the date thereof, if an appeal therefrom is not preferred to the 22. Substituted by A.0.1950 [State Government] within that period;
(b) on the disposal of an appeal so preferred when the appellate order of the 33. Substituted by A.O. 1950 [State Government] confirms the order of the 44. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner.]
Regulation104 Refund of purchase money on setting aside of sale
Whenever a sale of property is set aside, the purchaser shall be entitled to receive back his purchase-money.
Regulation105 Fresh notice after postponement or on resale
55. Substituted by Coorg Act I of 1942 A sale made after a postponement or on the setting aside of a first sale, or a resale consequent on a purchaser's default under Section 98, except where such resale takes place the same day in default of payment of fifteen per cent of the purchase money, shall be made after the issue and promulgation of a fresh notice in the manner hereinbefore prescribed for the sale.
Regulation106 On sale becoming absolute possession and certificate to be granted to purchaser
(1) After an order of the 66. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] confirming a sale has become final in manner aforesaid, the 77. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] shall put the purchaser into possession of the property sold, and shall grant him a certificate to the effect that he has purchased that property.
(2) Till the purchaser is put into possession, the property shall remain under attachment.
(3) The certificate granted under sub-section (1) shall be deemed to effect a valid transfer of the property, but need not be registered as a conveyance.
(4) Any suit brought against the certified purchaser on the ground that the purchase was made on behalf of another person not the certified purchaser, shall be dismissed with costs.
(5) The person named in the certificate as the purchaser of any immovable property shall be liable for all instalments of revenue falling
Regulation107 Application of proceeds of sale
(1) When the purchaser has been put into possession of the property sold, the proceeds of the sale shall be applied in the first place to the payment of any arrears due to the Government from the defaulter on the day on which the order confirming the sale became final, whether those arrears are of revenue or of sums recoverable as arrears of revenue, and the surplus (if any) shall be paid to the person whose property has been sold, or, if the property was owned by more than one person, then to those persons either collectively or according to the extent of their respective interests, as the 11. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] thinks fit.
(2) The surplus shall not, except under an order of a Court, be paid to any creditor of a person whose property has been sold.
Regulation108 Effect on encumbrances of sale of property for an arrear due in respect thereof
(1) Subject to the provisions of this section with respect to engagements made between the defaulter and his tenants, immovable property brought to sale under this Chapter for the recovery of an arrear due in respect thereof shall be sold free of all encumbrances, and all grants and contracts previously made by any person other than the purchaser in respect of the property shall become void as against the purchaser.
(2) The provisions of Section 91 with respect to the validity or invalidity, as against the Government, of such engagements as are referred to in that section shall, so far as they can be made applicable, apply, as against the purchaser, to such engagements as have been made between the defaulter and his tenants:
Provided that an engagement, which has not before the sale been declared under that section to be void, shall not be liable to be set aside otherwise than by suit at the instance of the purchaser.
Regulation109 Effect on encumbrances of sale of property for a sum other than an arrear due in respect thereof
22. Section 1Q9 substituted by Section 2 of the Coorg Land and Revenue (Amendment) Regulation, 1908 (1 of 1908) When immovable property is brought to sale under this Chapter for the recovery of any other sum than an arrear due in respect thereof, such property shall, except in the cases hereinafter excepted, be sold free of all encumbrances, and all grants and contracts previously made by any person other than the purchaser in respect of the property shall become void as against the purchaser.
Exception 1. Engagements made between the defaulter and his tenants shall be subject to the provisions of Section 108, sub-section (2), and shall not except as therein provided, be rendered invalid by any sale under this section.
Exception 2. No encumbrance, grant or contract created or made in good faith entered before the notification of attachment in the record-of-rights as amended in accordance with the provisions of Chapter VI, shall be rendered invalid by any sale under this section,
Regulation110 Effect of sale on lands held revenue-free or at favourable rates
When jama or umbli land, or other land held wholly or partially free of revenue, is sold under this Chapter, whether for the recovery of an arrear due in respect thereof or for the recovery of any other sum, the privileges attaching to the tenure of the land with respect to the assessment of land revenue shall be extinguished by the sale:
Provided that in the case of land the revenue of which is assigned to a temple or other institution, the assignment to the temple or institution shall not be affected thereby.
Regulation111 Provisions with respect to rent and profits of property sold
(1) The person named in a certificate as purchaser of any immoveable property shall be entitled to any rent or profits falling due in respect of the property after the day on which the order confirming the sale has become final, notwithstanding that payment thereof may have been made on or before that day.
(2) So long after that day as any demand of the Government against the defaulter or the property remains unsatisfied, the Government shall be entitled to any arrears of rent or profits which fell due in respect of the property on or before that day.
(3) When all such demands have been satisfied, the defaulter shall be entitled to such of those arrears as may then be outstanding, and may recover them by any process, except attachment of crops or products, which may be used by a landholder for the recovery of arrears of rent or profits.
(4) The defaulter shall also be entitled to any balance of the rents or profits of the property which, after satisfaction of all such demands as aforesaid, may remain in the possession of the Government after the day on which the order confirming the sale has become final.
Regulation112 Sale of part only of property
Subject to the foregoing provisions of this Chapter, the whole or any part of the immovable property of a defaulter may be sold in discharge of an arrear:
Provided that, where the property consists of a farm which is readily divisible into compact blocks, no more of the property shall be sold than may be sufficient to discharge the arrear with expenses of management (if any).
Regulation113 Postponement of sale on tender of security
(1) If a defaulter tenders security, the 11. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner,] or an Officer empowered by the 22. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] in this behalf, may accept it, and postpone the sale of the defaulter's immovable property upon such conditions and till such time as the 33. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] or such Officer may appoint.
(2) In the event of default being made in the performance of any of those conditions, the 44. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] or such Officer as aforesaid may, after the issue and promulgation of a fresh notice as required by Section 105, sell the property and proceed against the defaulter or his surety or both for the recovery of any balance of the arrear and the expenses of management (if any).
Regulation114 Mode of enforcing payment by sureties
All the remedies prescribed by this Chapter in the case of a defaulter may be employed against his surety, and the 55. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner], or an Officer empowered by the 66. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] in this behalf, may enforce those remedies simultaneously with, or either previously or subsequently to, their enforcement against the principal:
Provided that no more than the arrear and the expenses of management (if any) shall be realized from both.
Regulation115 Recovery of fees and other dues
Fees, fines, costs and other charges, 77. The words "including the Village Officers' cess" omitted by the Repealing and Amending (Rates and Cesses') Act, 1907 (IV of 1907) [xxx xxx xxx] payable under this Regulation or the rules thereunder, and all moneys falling due to the Government under any grant, lease or contract which provides that they shall be so recoverable, may be recovered in the same manner as an arrear of revenue under this Chapter.
Regulation116 Receipts for revenue
(1) Every person making a payment of revenue shall be entitled to a receipt therefor signed by the 1[Assistant Commissioner] or by an Officer empowered by the 2[Assistant Commissioner] in this behalf.
(2) The receipt shall state the name of the person making the payment and the subject-matter in respect of which the payment is made, and, in the case of land revenue, shall describe the land on which the revenue was due and set forth the names of the persons entered in respect thereof in the settlement account.
CHAPTER 10 Surveys and Boundaries
Regulation117 Rules for demarcation of boundaries and erection of survey marks
(1) The 33. Substituted by A.O. 1950 [State Government] may make rules as to the manner in which the boundaries of all or any estates in any local area are to be demarcated, and as to the survey-marks to be erected within those estates.
(2) Rules under this section may prescribe, among other matters, the form of survey marks and the material to be used in their construction.
Regulation118 Power of Revenue Officers to define boundaries
(1) A Revenue Officer may, for the purpose of framing any record or making any assessment under this Regulation, or on the application of any person interested, define the limits of any estate, village, holding, field or other portion of an estate and may, for the purpose of indicating those limits, require survey marks to be erected or repaired.
(2) In defining the limits of any land under sub-section (1) the Revenue Officer may cause survey marks to be erected on any boundary already determined by, or by order of, any Court, Survey Officer, Revenue Officer or Forest settlement Officer, or restore any survey mark already set up by, or by order of, any Court or any such Officer.
Regulation119 Cost of erection and repair of survey marks
Survey marks shall be erected and kept in repair by, or at the cost of, the persons interested in the land for the indication of the limits of which they are required:
Provided that the 11. Substituted by A.O. 1950 [State Government] may in any case direct that the cost of erection shall be borne by the Government 22. The words "or paid out of the proceeds of the Village Officers' cess" omitted by the Repealing and Amending (Rates and Cesses) Act, 1907 (IV of 1907) [xx xx xx.]
Regulation120 Recovery of cost incurred by the Government
If the persons interested in the land fail to erect or repair a survey mark within thirty days from the date of their being required by a Revenue Officer to do so, the Revenue Officer may cause it to be erected or repaired, and may apportion the cost among the persons interested in the land in such manner as he deems just, certifying the same to the 33. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner.]
Regulation121 Power of Revenue Officer to enter on land for purposes of survey and demarcation
Every Revenue Officer and every person acting under the orders of a Revenue Officer may, in the discharge of any duty under this Regulation, enter upon and survey land and erect survey marks thereon and demarcate the boundaries thereof and do all other acts necessary for the proper performance of that duty.
Regulation122 Surveys for purpose of preparing records
(1) When any land is being surveyed in pursuance of rules under Section 41, clause (c), a Revenue Officer directing the survey may, by notice or proclamation, require all persons having rights or interests in the land to indicate within a specified time by temporary marks of a kind to be described in the notice or proclamation, the limits of those rights or interests.
(2) If a person to whom such notice or proclamation as aforesaid is addressed fails to comply with the requisition, he shall be liable, in the discretion of the Revenue Officer, to fine which may extend to ten rupees.
Regulation123 Provision of flag-holders and chainmen for those surveys
(1) For the purposes of the survey of any land in pursuance of rules under Section 41, clause (c), the landholders interested shall be bound to provide fit persons to act as flag-holders and chainmen.
(2) If the landholders fail to provide such persons or to provide them in sufficient number, the Revenue Officer may employ such persons as 11. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner.]
Regulation124 Professional surveys
(1) If it is necessary to make a survey by other agency than that of Revenue Officers, or Village Officers the 22. Substituted by A.O. 1950 [State Government] may publish a notification stating.
(a) the local area to be surveyed and the nature of the survey;
(b) the names or official designations of the Officers by whom the survey is to be made; and
(c) the kind of survey marks to be erected by those Officers.
(2) From the date of such notification the Officers specified therein and the persons acting under their orders shall have, for the purposes of the survey, the powers conferred on Revenue Officers by Section 121.
Regulation125 Penalty for destruction, injury or removal of survey marks
(1) If any person wilfully destroys or injures, or without lawful authority removes, a survey mark lawfully erected, he may be ordered by a Revenue Officer to pay such fine, not exceeding fifty rupees for each mark so destroyed, injured or removed, as may, in the opinion of the Revenue Officer, be necessary to defray the expenses of restoring the same and of rewarding the person (if any) who gave information of the destruction, injury or removal.
(2) The imposition of a fine under mis section shall not bar a prosecution under Section 434 of the Indian Penal Code.
Regulation126 Report of destruction or removal of, or injury to, survey marks
Every Village Officer of an estate shall be legally bound to furnish a Revenue Officer with information respecting the destruction or removal of, or any injury done to, any survey mark lawfully erected on the estate.
CHAPTER 11 Arbitration
Regulation127 Power to refer to arbitration
(1) A Revenue Officer may, with the consent of the parties, refer to arbitration any dispute arising before him in any matter under this Regulation.
(2) 33. Substituted by Schedule II of Coorg Act VI of 1940 [The Assistant Commissioner] may, without the consent of the parties, refer to arbitration any dispute arising before him under this Regulation with respect to.
(a) any matter of which an entry is to be made in any record or register under Chapter VI; or
(b) the limits of any estates or of any holding, field or other portion of an estate; or
(c) the property to be divided at a partition or the mode of making a partition.
Regulation128 Order of reference and contents thereof
(1) In referring a dispute to arbitration a Revenue Officer shall make an order of reference, and specify therein the precise matter submitted to arbitration, the number of arbitrators which each party to the dispute is to nominate, the period within which arbitrators are to be nominated, and the period within which the award is to be delivered.
(2) The number of arbitrators which each party may nominate shall be the same and shall not exceed two.
(3) If from any cause, arbitrators are not nominated, or an award is not delivered, within the period fixed therefor in the order of reference, the Revenue Officer may from time to time enlarge that period, or may cancel the order of reference.
Regulation129 Nomination of arbitrators
(1) When an order of reference has been made, the parties may each nominate the number of arbitrators specified in the order, and the Revenue Officer shall nominate one other arbitrator.
(2) The Revenue Officer may, for reasons to be recorded by him, make an order disallowing any nomination made by either party and requiring the party to make another nomination within a time to be specified in the order.
(3) An order under sub-section (2) shall be final.
Regulation130 Substitution of arbitrators by parties
If an arbitrator nominated by a party dies, desires to be discharged, or refuses or becomes incapable to act, the party may nominate another person in his stead.
Regulation131 Nomination on substitution of arbitrators by Revenue Officers
In any of the following cases, namely.
(a) if either of the parties fails to nominate an arbitrator under Section 129, sub-section (1), within the period fixed in the order of reference; or
(b) if the nomination of an arbitrator has been disallowed under Section 129, sub-section (2), and another arbitrator is not nominated within the time specified in the order under that sub-section or having been so nominated his nomination is also disallowed or
(c) if a party entitled to nominate an arbitrator in the place of another arbitrator under Section 130 fails to nominate him within one week from the date of the communication to him of a notice requiring him to make the nomination; or
(d) if an arbitrator nominated by the Revenue Officer dies, desires to be discharged, or refuses or becomes incapable to act, the Revenue Officer may nominate a person as arbitrator.
Regulation132 Process for appearance before arbitrators
(1) The Revenue Officer shall, on the application of the arbitrators, issue the same processes to the parties and witnesses whom the arbitrators desire to examine, as he may issue in any proceeding under this Regulation before himself.
(2) Every such party or witness shall be bound to appear before the arbitrators in obedience to a process issued under sub-section (1), either in person or by agent, as the arbitrators may require.
(3) Every person attending in obedience to such process shall be bound to state the truth upon any matter respecting which he is examined or makes statements, and to produce such documents and other things relating to any such matter as may be specified in the process.
Regulation133 Award of arbitrators and presentation thereof
(1) The arbitrators shall make an award in writing under their hands concerning the matters referred to them for arbitration and state therein their reasons therefor, and any arbitrator dissenting from the award made by a majority of the arbitrators shall state the grounds of his dissent.
(2) The arbitrators shall present the award to the Revenue Officer in person, unless that Officer permits them to present it by agent.
Regulation134 Procedure on presentation of award
(1) When the award has been received, the Revenue Officer shall, if the parties are present, consider forthwith any objections which they may have to make thereto, and, if they are not present, fix a date for the consideration thereof.
(2) Where a date has been fixed for the consideration of an award, the Revenue Officer shall on that date, or on any subsequent date to which an adjournment may be made, hear any objections which the parties may have to make to the award.
(3) The Revenue Officer may also, if he thinks fit, question the arbitrators as to the grounds of their award.
Regulation135 Effect of award
(1) The Revenue Officer may accept, modify or reject the award, recording his reasons for doing so in his decision respecting the dispute which was referred to arbitration.
(2) If the reference to arbitration was made with the consent of the parties and if the Revenue Officer accepts the award, his decision shall be final.
(3) If the reference to arbitration was made without the consent of the parties, or if the Revenue Officer modifies or rejects the award, an appeal shall lie from his decision as if arbitrators had not been appointed.
CHAPTER 12 Supplemental Provisions
Regulation136 Execution of orders of Civil and Criminal Courts by Revenue Officers
Orders issued by any Civil or Criminal Court for the attachment, sale or delivery of any land or interest in land, or for the attachment or sale of the produce of any land, shall be addressed to the 11. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] or such Revenue Officer as the 22. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] may appoint in this behalf, and be executed by the 33. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] or such Officer as aforesaid in accordance with the provisions of the law applicable to the Court issuing the orders and with any rules consistent therewith made by the 11. Substituted by the A.0.1950 [State Government.]
Regulation137 Attachment of assigned land revenue
(1) Notwithstanding anything in any other enactment for the time being in force, an order issued by any Court for the attachment of assigned land revenue shall require the person by whom the revenue is payable, to pay it to a Revenue Officer, and the Revenue Officer to hold it subject to the further orders of the Court.
(2) A payment to a Revenue Officer under sub-section (1) shall be an effectual discharge to the person making it.
Regulation138 Confiscation of assignment in default of service
If a landholder bound to render service in consideration of his holding land wholly or partially free of revenue fails to render such service to the satisfaction of the 22. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner], the 33. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] may determine the portion of the land revenue which is represented by the service in respect of which the landholder is in default, and with the previous sanction of the 44. Substituted by A.O. 1950 [State Government], recover that portion as if it were an arrear of land revenue due in respect of the land for the land revenue whereof the service was substituted.
Regulation139 Recovery of cost of assessing assigned land revenue
(1) When land of which the land revenue has been assigned in whole or in part, is reassessed, the assignee shall be liable to pay such share of the cost of making the reassessment as the 5[State Government] may determine to be just.
(2) Such share may be recovered by the 66. Substituted by Schedule II of Coorg Act VI of 1940 [Assistant Commissioner] by deduction of the amount thereof from the land revenue due to the assignee.
Regulation140 Papers kept by Village Officers to be deemed public documents
(1) Any record or paper which a Village Officer is required by law or by any rule under this Regulation to prepare or keep shall be deemed to be the property of the Government.
(2) A Village Officer shall, with respect to any such record or paper in his custody, be deemed for the purposes of the Indian Evidence Act, 1872, to be a Public Officer having the custody of a public document which any person has a right to inspect.
Regulation141 Costs
A Revenue Officer may give and apportion the cost of any proceeding under this Regulation in such manner as he thinks fit:
Provided that if he orders that the cost of any such proceeding shall not follow the event, he shall record his reasons for the order.
Regulation142 Restrictions on Revenue Officers bidding at auctions or trading or acquiring land
No Revenue Officer or person employed in a Revenue Office shall
(a) purchase, or bid for, either in person or by agent, in his own name or in that of another, or jointly or in shares with others, any property which any Revenue Officer has ordered to be sold;
(b) 11. Deleted by A.O. 1937 [xx xx xx xx.]
Regulation143 Power to make rules
(1) The 22. Substituted by A.O. 1950 [State Government] may, in addition to the other rules, which may be made by it under this Regulation, make rules, not inconsistent with this Regulation, or with any other enactment for the time being in force.
(a) Prescribing the fees to be charged for the service and execution of processes issued by Revenue Officers, the mode in which those fees are to be collected, the number of persons to be employed in the service and execution of those processes, and the remuneration and duties of those persons;
(b) regulating the procedure in cases where persons are entitled to inspect records of Revenue Officers, or records or papers in the custody of Village Officers, or to obtain copies of the same, and prescribing the fees payable for searches and copies;
(c) prescribing forms for such books, entries, statistics and accounts as the 33. Substituted by A.O. 1950 [State Government] may think necessary to be kept, made or compiled in revenue offices or submitted to any authority;
(d) declaring what shall be the language of those offices, and determining in what cases persons practising in those offices shall be permitted to address the Presiding Officers thereof in English;
44. Clauses (e) and (ee) substituted by the Coorg Land and Revenue (Amendment) Regulation, 1907 (IV of 1907), Section 2(1). [(e) permitting and regulating the partition of interests in land, carrying out such partition and giving any directions consequent thereon, in cases in which the cognizance of the Civil Courts is barred by clause (xv) of Section 145;
(ee) providing for the execution of decrees of the Civil Courts for the partition of interests in agricultural land by Revenue Officers and prescribing the procedure to be observed in the execution of such decrees; and
(f) generally, for carrying out the purposes of this Regulation.(2) Rules made by the 1[State Government] under sub-section (1), clause
(e) 22. The word and letters inserted by the Coorg Land Revenue (Amendment) Regulation, 1907 (IV of 1907), Section 2(2) [or ee], shall not take effect until they have been sanctioned by the 33. Substituted by A.O. 1937 [Central Government.]
Regulation144 Rules to be made after previous publication
Every power to make rules under this Regulation is subject to the control of the 44. Substituted by A.O. 1937 [Central Government], and to the condition, except in the case of rules under Section 143, sub-section (1), clause (c), of the rules being made after previous publication.
Regulation145 Bar of suits in certain matters
Except as otherwise provided by this Regulation, no suit shall be brought in any Civil Court in respect of any of the following matters, namely.
(i) the limits of any land which has been defined by a Revenue Officer as land to which this Regulation does or does not apply;
(ii) any claim to compel the performance of any duties imposed by this Regulation or by any other enactment for the time being in force or any Revenue Officer as such;
(iii) any claim to the office or emoluments of parpattigar or Village Officer or in respect of any injury caused by exclusion from such office, or to compel the performance of the duties or a division of the emoluments thereof;
(iv) any notification directing the making or revision of a record-of-rights;
(v) the framing of a record-of-rights or annual record, or the preparation, signing or attestation of any of the documents included in such a record;
(vi) the correction of any entry in a record-of-rights, annual record or register of mutations;
(vii) any notification of a general assessment having been sanctioned by the 55. Substituted by A.O. 1937 [Central Government];
(viii) the claim of any person as to liability for an assessment of land revenue or of any other revenue under this Regulation;
(ix) the amount of land revenue to be assessed on any holding under this Regulation;
(x) the amount of, or the liability of any person to pay, any other revenue to be assessed under this Regulation, or any cess, charge or rate to be assessed on any holding under this Regulation or under any other enactment for the time being in force;
(xi) any claim to hold free of revenue or at favourable rates any land, mills, fisheries or natural products of land or water;
(xii) any claim connected with or arising out of the collection of the land revenue by the Government or the enforcement by the Government of any process for the recovery thereof;
(xiii) any claim to set aside on any ground, other than fraud, a sale for the recovery of an arrear of land revenue or any sum recoverable as an arrear of land revenue;
(xiv) the amount of, or the liability of any person to pay, any fees, fines, costs or other charges imposed under this Regulation;
(xv) any claim for the partition of an estate or holding or any question as to the allotment of land, when such estate, holding or land is one of which the land revenue has been wholly or partly assigned or released, or which is held as joint family property by persons of the Coorg race, or any claim for the distribution of land revenue on partition, or any other question connected therewith, not being a question as to the partibility of, or the title to, the property of which partition is sought.
(xvi) any claim arising out of the liability of an assignee of land revenue to pay a share of the cost of collecting or reassessing such revenue, 22. The words "or arising out of the liability of an assignee to pay out of assigned land revenue or of a person who would be liable for land revenue, if it had not been released, compounded for or redeemed, to pay on the land revenue for which he would but for such release, composition or redemption be liable, such a percentage for the remuneration of a Village Officer as may be prescribed by rules for the time being in force under this Regulation "in clause (xvi) of Section 145 omitted by the Repealing and Amending (Rates and Cesses) Act, 1907 (IV of 1907) [xx xx xx xx]
SCHEDULE 1 SCHEDULE
SCHEDULE [Repealed by Central Act I of 1938]
SCHEDULE 2 Form of Warrant to be issued by the Assistant Commissioner under Section 46
Form of Warrant to be issued by the Assistant Commissioner under Section 46 Seal.
To the Officer-in-charge of the Civil Jail at
Whereas A.B. of.............................. has resisted (or obstructed) C.D. in removing E.F. (or himself, that is, the said A.B.) from certain land in the estate of................................. in the.............taluk, and whereas it is necessary, in order to prevent the continuance of such obstruction (or resistance), to commit the said A.B. to close custody; you are hereby required, under the provisions of Section 46 of the Coorg Land and Revenue Regulation, 1899, to receive the said A.B. into the jail under your charge, and there to keep him in safe custody for.............................days.
Dated this.day of
Signature of Assistant Commissioner.
SCHEDULE 3 Form of Warrant to be issued by the Assistant Commissioner under Section 65
Form of Warrant to be issued by the Assistant Commissioner under Section 65
Seal.
To the Officer-in-charge of the Civil Jail at Whereas A.B. of..........................taluk
Rs.
Land-revenue Rates and cesses Other items
Total
is a defaulter on account of an arrear of revenue which has accrued as shown in the margin; This is to order you, under the provisions of Section 65 of the Coorg Land and Revenue Regulation, 1899, to imprison him in the Civil Jail for.....days or until he pay the said arrear, whichever is first.
Dated thisday of Signature of Assistant Commissioner. |
