KARNATAKA PREVENTION OF FRAGMENTATION AND CONSOLIDATION OF HOLDINGS ACT, 1966

1 of 1967

2nd February, 1967

An Act to provide for the prevention of fragmentation of agricultural holdings and for their consolidation. Whereas, it is expedient to prevent the fragmentation and to provide for the consolidation of agricultural holdings for the purpose of better cultivation thereof; Be it enacted by the Karnataka State Legislature in the Seventeenth Year of the Republic of India as follows.

CHAPTER 1 CHAPTER

Section 1 Short Title, extent and commencement

(1) This Act may be called the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966.

(2) It extends 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.

Section 2 Definitions

In this Act, unless the context otherwise requires.

(a) "Agricultural Year" means the year commencing on the First day of April;

(b) "Assistant Consolidation Officer" means an Officer appointed as such to perform the functions of the Assistant Consolidation Officer under this Act;

(c) "Commissioner" means the Officer appointed by State Government to perform the functions of the Commissioner under this Act;

(d) "Consolidation of Holdings" means the amalgamation and, where necessary, for such amalgamation, the redistribution of holdings or portions of holdings in any village, or in any taluk or part thereof, so as to reduce the number of holdings;

(e) "Consolidation Officer" means an Officer appointed as such and includes any Gazetted Officer authorised by the State Government to perform all or any of the functions of the Consolidation Officer under this Act;

(f) "Co-operative Society" means a co-operative society registered or deemed to be registered under the Karnataka Co-operative Societies Act, 1959;

(g) "Fragment" means a holding of land of less extent than the appropriate standard area determined under Section 3:

Provided that no holding shall be deemed to be fragment by reason of any diminution in its area by diluvian;

11. Explanation inserted by Act No. 15 of 1979, w.e.f. 24-2- 1979. [Explanation. For the purpose of this clause, where a person holds different parcels of lands each such parcel of land assessed separately for land revenue shall be deemed to be a holding.]

(h) "Land" means agricultural land, whether alienated or unalienated;

(i) "Notification" means a notification published in the Official Gazette;

(j) "Owner" means, the occupant or a person who has permanent and heritable rights of possession of land, and when such land has been mortgaged, "owner" means the mortgagor; in the case of alienated land, "owner" means the superior holder.

(k) "Panchayat" means a Village Panchayat or a Town Panchayat, and in respect of any village for which there is no Village Panchayat or Town Panchayat, a Committee of representatives of persons interested in the lands of the village constituted by the Consolidation Officer in such manner as may be prescribed;

(l) "Prescribed" means prescribed by rules made under this Act;

(m) "Standard Area" means the area determined in accordance with the provisions of Section 3;

(n) words and expressions used in this Act but not defined therein shall have the meaning assigned to them in the Karnataka Land Revenue Act, 1964.

CHAPTER 2 Determination of Standard Area and Treatment of Fragments

Section 3 Determination of standard area

For the purpose of this Act, standard area means the area specified in column (3) of the Schedule to this Act, in respect of the class of land specified in the corresponding entry of column (2) of the said Schedule: 11. Heading and sub-section (1) substituted by Act No. 15 of 1979, w.e.f. 24-2-1979. [x x x x x.]

Section 4 Entry in the Record of Rights

(1) As soon as may be after the commencement of this Act, all fragments in a village shall be entered as such in the Record of Rights, or where there is no Record of Rights, in such village record as the State Government may prescribe.

(2) Notice of every entry made under sub-section (1) shall be given in the manner prescribed for the giving of notice under Chapter XI of the Karnataka Land Revenue Act, 1964 (Kamataka Act 12 of 1964), of an entry in the Register of Mutations.

Section 5 Sale, Lease, etc

(1)

(a) No person shall sell any fragment in respect of which a notice has been given under sub-section (2) of Section 4, except in accordance with the provisions of clause (b).

[(b) Subject to the provisions of Sections 39 and 80 of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962), whenever a fragment is proposed to be sold, the owner thereof shall sell it to the owner of a contiguous survey number or recognised sub-division of a survey number (hereinafter referred to as the contiguous owner). Is the fragment cannot be so sold to the contiguous owner, for any reason, the owner- of the fragment shall intimate in the prescribed form, the reasons therefore along with an affidavit in support thereof to the Tahsildar and also send copies of such intimation and affidavit to the Sub- registrar, in the prescribed manner and may thereafter sell such fragment to any other person.]

(2) Notwithstanding anything contained in any law for the time being in force or in any instrument or agreement, no such fragment shall be leased to any person other than a person cultivating any land, which is contiguous to the fragment.

(3) No such fragment shall be sub-divided or partitioned.

Section 6 Fragmentation prohibited

No land in any area shall be transferred or partitioned or sub-divided so as to create a fragment.

Section 7 Fragment not to be sold in Court sale or created by such sale

Notwithstanding anything contained in any law for the time being in force.

(a) no fragment, in respect of which a notice has been given under sub-section (2) of Section 4, shall be sold at any sale held under the orders of any Court except after notice to the owners of contiguous survey numbers of recognised sub-divisions of survey numbers; and

(b) no land shall be sold at such sale so as to leave a fragment.

Section 8 Restriction on partition of land

(1) Where, by decree, succession or otherwise two or more persons are entitled to shares in an un-divided agricultural land, and the land has to be partitioned among them, such partition shall be effected so as not to create a fragment. Where such partition has to be effected otherwise than through of Court, the Deputy Commissioner shall on the application any person entitled to a share in undivided agricultural land, effect such partition.

(2) Where such partition is made by the Court or the Deputy Commissioner, the following procedure shall be adopted.

(a) if, in effecting a partition of property among several co-sharers, it is found that a co-sharer is entitled to a specific share in the land and cannot be given that share without creating a fragment, he shall be compensated in money for that share. The amount of compensation shall be determined so far as practicable in accordance with the provisions of Section 23 of the Land Acquisition Act, 1894;

(b) if, in effecting a partition, it is found that there is not enough land for the shares of all the co-sharers in accordance with the provisions of sub-section (1), the co-sharers may agree among themselves as to the particular co-sharer or co-sharers who should get share of the land and which of them should be compensated in money. In the absence of any such agreement the co-sharers to whom a share of land can be provided and those to whom money compensation should be given shall be chosen by lot in the manner prescribed;

(c) the compensation shall be payable by each co-sharer in proportion to the excess value of land he gets over the share of land legally due to him and such co-sharer shall deposit the proportionate amount of compensation in the manner prescribed before such time as the Court or the Deputy Commissioner may determine. On his failure to do so, his share shall be allotted to any other co-sharer to whom land has not been previously allotted and who is chosen in the manner provided in clause (b) subject to the payment of similar compensation to the co-sharers not getting shares of land;

(d) if none of the co-sharers to whom land has been allotted under clause (c) pays the compensation and takes the share, the share shall be sold in public auction to the highest bidder, and the purchase money shall be paid to the co-sharers not getting land in proportion to their respective shares;

(e) where the parries agree upon any other method of partition which will not result in the creation of a fragment, that method shall be followed in effecting partition.

(3) Where a partition is effected in execution of a decree all questions relating to the partition of the land and apportionment of compensation shall be decided by the Court executing the decree or by the Deputy Commissioner effecting the partition, as the case may be, in accordance with the provisions of sub-section (2).

Section 9 Sections 5 and 6 not to apply to certain transfers

11. Heading and sub-section (1) substituted by Act No. 15 of 1979, w.e.f. 24-2-1979.

(1) Nothing in Sections 5 and 6 shall apply to transfer of any land.

(i) to or by the Karnataka Bhoodan Yagna Board established under the Karnataka Bhoodan Yagna Act, 1963 (Karnataka Act 35 of 1963); or

(ii) for such public purpose as may be specified by notification in this behalf by the State Government.]

(2) Notwithstanding anything contained in Sections 5 and 6 but subject to such conditions as may be prescribed, the Deputy Commissioner may permit the transfer of any land for a bona fide non agricultural purpose.

CHAPTER 3 Procedure for Consolidation

Section 10 Government may, of its own accord or on an application, declareits intention to make scheme for consolidation of holdings

With the object of consolidating holdings in any village or taluk or any part thereof for the purpose of better cultivation of lands therein, the State Government may, of its own motion or on an application made in that behalf, declare by a notification and by a publication in the prescribed manner in the village or villages concerned its intention to make a scheme for the consolidation of holdings in such village or villages or any part thereof, as may be specified. On such publication in the village concerned, the Assistant Consolidation Officer, shall proceed to prepare a scheme for the consolidation of holdings in such village or villages or part thereof, as the case may be, in the manner hereinafter provided.

Section 11 Preparation of the Scheme and the Provisions to be followed in such preparation

(1)

(a) The Assistant Consolidation Officer shall, after giving notice in the prescribed manner to the land owners concerned and the Panchayat, visit each of the concerned villages and shall proceed to prepare a scheme for the consolidation of holdings.

(b) A holding which is burdened with a lease, or save as provided in clause (e) of sub-section (2) a holding which is not less than a standard area, shall not be included in a scheme of consolidation of holdings under this Act.

(2) For the purpose of preparing the scheme, the following provisions shall be complied with, namely.

(a) The Assistant Consolidation Officer shall first get the record of rights and the village map corrected up-to-date;

(b) He shall then prepare a statement of holdings of less than a standard area which in his opinion are likely to be affected by the scheme of consolidation of holdings, containing the names of the owners, survey numbers, sub-division numbers, the classes of land, tenures, areas, assessments and such other particulars as may be prescribed.

(c) He shall then prepare a preliminary statement of the estimated market value of each of the holdings referred in clause (b), and a copy of the said statements shall be sent to the Panchayat for furnishing its views thereon within such period not being less than thirty days as may be specified by the Assistant Consolidation Officer. The owners of such holdings shall also be given an opportunity to file their objections, if any, to the estimated market value within the specified period. If the Panchayat approves the statement, or within the specified period, the Panchayat does not furnish its views and the owners do not file the objections, the Assistant Consolidation Officer shall proceed to prepare the draft scheme on the basis of the estimated market value. If the Panchayat does not agree with the estimated market value of any holding or any owner objects to such estimated value, the Assistant Consolidation Officer shall refer the matter to the Consolidation Officer. On receipt of such a reference, the Consolidation Officer shall, after giving an opportunity of being heard to the Panchayat or the owner concerned, determine the estimated market value of the holding concerned and his decision thereon shall be final, and the Assistant Consolidation Officer shall proceed to prepare the draft scheme accordingly.

(d) If, for the purpose of consolidation, the Assistant Consolidation Officer finds it necessary to partition any holding included in the statement under clause (b), he shall be entitled to do so, and if for doing so he finds it necessary to resurvey such land, he shall be entitled to do the resurvey also of such land.

(e) The Assistant Consolidation Officer may, where it is found practicable, amalgamate a contiguous fragment with any holding irrespective of the extent of its area, and he may also consolidate, with the mutual consent in writing of the respective owners of the holdings any holidings irrespective of the extent of the areas of such holdings, by way of exchange or otherwise.

(f) A scheme for the consolidation of holdings shall contain the following statements, records and maps, namely.

(i) A map of the village showing all the existing survey numbers and their sub-divisions, recognised roads, cart tracks, foot paths and areas assigned for public purposes;

(ii) another village map which shall be a copy of the one mentioned in sub-clause (i) but showing clearly how the original position of existing survey numbers, their sub-divisions, recognised roads, cart tracks, foot-paths and areas assigned or specified for public purposes will be altered after the consolidation scheme becomes operative;

(iii) a statement showing the names of the owners of holdings which have been affected by the scheme of consolidation with particulars of survey numbers, sub-division numbers, classes of land, tenures, areas, assessments and such other prescribed particulars as they existed before the preparation of the scheme;

(iv) a statement showing the names of the owners of the holdings which have been affected by the scheme, with all the particulars as stated in sub-clause (iii), as they will exist after the preparation of the scheme;

(v) a statement showing the compensation to be given to or recovered from the owners; and

(vi) such other statements, records and particulars as may be prescribed.

(g) where, for the purpose of consolidation of holdings, contiguous holdings have to be amalgamated, such procedure as may be prescribed shall be followed for such amalgamation, and on such amalgamation, the two or more holdings so amalgamated shall be assigned a single entry in the land records, which shall be the first number in a series of amalgamated numbers.

(3) In preparing the scheme, the Assistant Consolidation Officer shall follow the procedure which the State Government may prescribe in regard to the manner of classification of lands on the basis of the actual use, the allotment of new holdings to the owners, and such other matters as may be prescribed.

(4)

(a) After preparing a draft scheme in accordance with the provisions of sub-sections (2) and (3), the Assistant Consolidation Officer shall send a copy thereof to the Panchayat for furnishing its views thereon within such period not being less than thirty days as he may specify.

(b) If the Panchayat suggests any amendments to the scheme within the specified period, the Assistant Consolidation Officer shall con- sider such suggestions and make such amendments to the scheme as he deems fit, and forward it to the Consolidation Officer;

(c) If the Panchayat approves the scheme or does not furnish its views within the specified period, the Assistant Consolidation Officer shall forward the scheme to the Consolidation Officer without making any amendments therein.

(5) Notwithstanding anything contained in the Karnataka Village Panchayats and Local Boards Act, 1959 (Karnataka Act 10 of 1959).

(a) the views of a Panchayat under sub-section (2) or sub-section (4) shall be expressed by resolution passed at a meeting of the Panchayat;

(b) no business relating to the matter in which the views of the Panchayat are requested under sub-section (2) or sub-section (4) shall be transacted at any meeting of the Panchayat unless the Assistant Consolidation Officer is informed of the intention to transact such business there and of the motions or propositions, if any, to be brought forward concerning such business;

(c) the Assistant Consolidation Officer shall be entitled to be present at a meeting of the Panchayat referred to in clause (b) and to take part at such meeting in the discussion or consideration of the matter in respect of which the views of the Panchayat are requested:

Provided that the Assistant Consolidation Officer shall not be entitled to vote upon any question considered by the Panchayat.

Section 12 Schemes to Provide for compensation

(1) The scheme prepared by the Assistant Consolidation Officer shall provide for the payment of compensation to any owner who is allotted a holding of less market value than that of the original holding and for recovery of compensation from any owner, who is allotted a holding of greater market value than that of his original holding.

(2) The amount of compensation shall be determined so far as practicable in accordance with the provisions of sub-section (1) of Section 23 of the Land Acquisition Act, 1894.

(3) When a holding of greater market value than that of his original holding is allotted to an owner, the State Government may grant a loan to him to the extent of the amount of compensation he has to pay under sub-section (1), the loan being made repayable with such interest and in such annual instalments as may be prescribed.

Section 13 Amalgamation of public roads, etc., within the scheme for consolidation

(1) Whenever in preparing a scheme for consolidation of holdings, it appears to the Assistant Consolidation Officer that it is necessary to amalgamate any road, street, lane or path with any holding in the schemes, he shall make a declaration to that effect stating in such declaration that it is proposed that the rights of the public as well as of the State Government in or over the said road, street, lane or path shall be extinguished or, as the case may be transferred, to a new road, street lane or path, laid out in the scheme of consolidation.

(2) The declaration in sub-section (1) shall be published in the village concerned in the prescribed manner, along with the draft scheme referred to in Section 15.

(3) Any member of the public, or any person having any interest or right, in addition to the right of public highway in or over the said road, street, lane, or path or having any other interest or right which is likely to be adversely affected by the proposal may, within thirty days after the publication of the declaration under sub-section (1), state to the Assistant Consolidation Officer in writing his objections to the proposal, the nature of such interest or right and the manner in which it is likely to be adversely affected and the amount and the particulars of his claim to compensation for such interest or right:

Provided that no claim for compensation on account of the extinction or diminution of the right of public highway over such road, street, lane or path shall be entertained.

(4) The Assistant Consolidation Officer shall, after considering the objections, if any, made to the proposal, submit it with such amendments, if any, as he may consider necessary, to the Commissioner, together with the objections received, his recommendations thereon and a statement of the amounts of the compensation, if any, which, in his opinion are payable, and of the persons to whom such compensation is payable. The decision of the Commissioner on the proposal and regarding the amount of compensation and the persons by whom such compensation, if any, is payable, shall be final.

Section 14 Lands Reserved for public purposes

(1) Notwithstanding anything contained in any law for the time being in force, it shall be lawful for the Assistant Consolidation Officer to direct, that if in any area under consolidation, no land is reserved for any public purpose including extension of the village sites, or if the land so reserved is inadequate to assign other land for such requirements, provided the State Government undertakes to pay the compensation payable for such land.

(2) The amount of compensation under sub-section (1) shall of determined so far as practicable in accordance with the provisions be sub-section (1) of Section 23 of the Land Acquisition Act, 1894.

Section 15 Publication of draft scheme and of amended draft scheme

(1) When a scheme of consolidation is received from the Assistant Consolidation Officer, the Consolidation Officer shall publish a draft thereof in the prescribed manner in the village or villages concerned and notice of such publication shall be given to the owners likely to be affected by the scheme. Any person likely to be affected by such scheme, may, within thirty days of the date of such publication, communicate in writing to the Consolidation Officer any objections relating to the draft scheme.

(2) If any objections are received after giving an opportunity of being heard to the objectors, and after considering such objections the Consolidation Officer considers it necessary to amend the draft scheme, he shall amend the draft scheme and publish the amended draft scheme and give notice thereof to the owners as provided in sub-section (1). Any person likely to be affected by such amended draft scheme, may within thirty days of the date of such publication, communicate in writing to the Consolidation Officer any objections relating to the amended draft scheme.

(3)

(a) Where no objections are received to the draft scheme published under sub-section (1) or to the amended draft scheme published under sub-section (2) such draft scheme or amended draft scheme; or

(b) Where objections are received to the said draft scheme or amended draft scheme but after giving an opportunity of being heard to the objectors, the Consolidation Officer does not consider it necessary to amend the said draft scheme or amended draft scheme, such draft scheme or amended draft scheme, together with the objections and his remarks thereon; or

(c) Where objections are received to the said amended draft scheme and after giving an opportunity of being heard to the objectors and considering the objections, the Consolidation Officer considers it necessary to amend further the amended draft scheme, such amended draft scheme as further amended, together with the objection, and his remarks thereon, shall be forwarded by the Consolidation Officer to the Commissioner for confirmation.

Section 16 Confirmation of draft scheme or amended draft scheme

(1) If on receipt of a draft scheme or an amended draft scheme under sub-section (3) of Section 15, the Commissioner, after considering the objection, if any, and the remarks of the Consolidation Officer thereon and after being otherwise satisfied about the correctness of procedure followed by the Assistant Consolidation Officer and the Consolidation Officer and the allotment of holdings and compensation, approves of the draft scheme or as the case may be, amended draft scheme, he shall confirm it.

(2) If the Commissioner does not approve of the draft scheme or the amended draft scheme forwarded by the Consolidation Officer and considers it necessary to amend it, he shall further amend it and publish it as amended in the prescribed manner in the village of villages concerned and notice of such publication shall be given to the owners likely to be affected by the scheme. Any person likely to be affected by the draft scheme as so published may within thirty days of the date of such publication, communicate his objections in writing to the Commissioner.

(3) If no objections are received within the period specified in sub-section (2), the Commissioner shall confirm the draft scheme as published under that sub-section. If any objections are received within the said period the Commissioner shall after giving an opportunity of being heard to the objectors and considering the objections, confirm the draft scheme as published under sub-section (2) without any modifications therein or with such modifications therein as he may consider necessary.

Section 17 Enforcement of scheme

(1) Upon the confirmation of any scheme under Section 16, a notification stating that the scheme has been confirmed shall be published by the Commissioner in the Official Gazette and the scheme as confirmed shall be published in the prescribed manner in the village or villages concerned and notice of such publication shall be given to the owners likely to be affected by the scheme.

(2) Within one year from the date of publication of the notification in the Official Gazette under sub-section (1), the owners from whom compensation is recoverable under the scheme shall deposit the amount of compensation in the prescribed manner.

(3) The Assistant Consolidation Officer shall, from the commencement of the agricultural year next following the date of publication of the notification in the Official Gazette under sub-section (1) and in the prescribed manner, put the owners in possession of the holdings to which they are entitled under the scheme and for doing so may, in the prescribed manner, evict any person from any land which he is not entitled to occupy under the scheme.

(4) If the Assistant Consolidation Officer, is satisfied that any standing crops, trees, embankments or similar other improvements which were not taken into consideration at the time of determining the compensation payable by an owner or any holding under the scheme are found on such holding at the time of putting the owner in possession of such holding, or that any such standing crops, trees, embankments or similar other improvements which were, taken into consideration at the time of determining the compensation payable by an owner of any holding have ceased to exist or are substantially damaged at the time of putting the owner in possession of such holding, he shall by order determine in the prescribed manner the additional compensation payable by the owner or, as the case may be, the reduction to be made in the compensation payable to the original owner of such holding. Where additional compensation is to be paid, it shall be deposited in the prescribed manner by the owner from whom it is recoverable, within one year from the date of the order passed by the Assistant Consolidation Officer determining the additional compensation.

(5) If the owner from whom the compensation is recoverable fails to deposit it within the period specified in sub-section (2) or (4) or within such further period not exceeding one year as may be extended by the Consolidation Officer, it shall be recovered from him as an arrear of land revenue.

(6) If an owner refuses to accept possession of the holding to which he is entitled under the scheme, his rights in such holding may be allotted in the prescribed manner by the Consolidation Officer to any other person who pays the value of the holding, and in such case the value realised after deducting the expense (hereinafter called "the net value") shall be paid to the owner and any other person having an interest in the holding.

(7) If no person is forthcoming to pay the value of the holding the State Government may recover from the owner the compensation recoverable from him under the scheme as an arrear of land revenue or the State Government may itself purchase the holding after paying the net value of the holding to the owner and any other person having interest in the holding.

Section 18 Coming into force of scheme

As soon as the persons entitled to possession of holdings in accordance with a scheme of consolidation under this Act, have entered into possession of the holdings, respectively, allotted to them, the scheme shall be deemed to have come into force.

Section 19 Rights transferable notwithstanding any Law

Notwithstanding anything contained in any law for the time being in force, the rights of owners or other persons having interest, shall, for the purpose of giving effect to any scheme of consolidation affecting them, be transferable by exchange or otherwise.

Section 20 Certificate of transfer

(1) The Assistant Consolidation Officer shall grant to every owner to whom a holding has been allotted for the purpose of a scheme of consolidations and to every person to whom a holding is allotted under sub-section (6) of Section 17, a certificate in the prescribed form duly registered under the Indian Registration Act, 1908 (Central Act 16 of 1908), to the effect that the holding has been transferred to him for the purpose of the scheme. The Assistant Consolidation Officer may thereupon cause the record of rights to be amended in respect of the holdings so transferred.

(2) Notwithstanding anything contained in any law for the time being in force, no stamp duty or registration fee shall be payable in respect of such certificate.

Section 21 Assessment and recovery of cost

The cost of carrying out the scheme of consolidation shall be assessed in the prescribed manner and recovered from the persons whose holdings are affected thereby, in such proportion and at such rates as may, from time to time, be determined by the State Government.

Section 22 Recovery of compensation or costs

Compensation under Section 12 or sub-section (2) of Section 2o or costs under Section 21 or any other sums payable under this Act shall along with interest at nine per cent per annum be recoverable as arrears of land revenue.

CHAPTER 4 Effect of Consolidation Proceedings and of Consolidation of Holdings

Section 23 Exercise by Consolidation Officer and Assistant Consolidation Officer of powers under certain Acts

(1) During the continuance of the consolidation proceedings, the Consolidation Officer shall exercise and discharge the functions of the Assistant Commissioner, and the Assistant Consolidation Officer shall exercise and discharge the functions of the Tahsildar, under Chapter XI of the Karnataka Land Revenue Act, 1964; and no Assistant Commissioner or Tahsildar shall take any proceedings under the said Act in respect of a holding or land for which a notice under sub-section (1) of Section 11 has been given.

(2) Where in respect of any holding an Assistant Consolidation Officer proceeds to prepare a scheme under Section 11.

(a) all applications and proceedings including execution proceedings pending before any Revenue Officer under the said Act in respect of any holding or land for which a notice under sub-section (1) of Section 11 has been given, shall be transferred to the Assistant Consolidation Officer, and

(b) the Assistant Consolidation Officer shall, by proclamation, call upon all persons who claim to be entitled to possession under the said Act, of any holding for which a notice under sub-section (1) of Section 11 has been given to make within the prescribed period, an application to be put in possession of such holding; and any person who fails to do so within the prescribed period shall, thereafter, be debarred from making it:

Provided that nothing in this clause shall debar any person from making, after the coming into force of the scheme of consolidation under Section 18, any application in respect of any holding included in the scheme, if such application could lie under the provision of any law for the time being in force.

(3) The Assistant Consolidation Officer shall submit any order passed by him under the said Act to the Deputy Commissioner for confirmation, if an application in that behalf is made to him by any party to a proceeding under this section within thirty days from the date of the order.

Section 24 Restrictions on certain proceedings and transfers during the continuance of consolidation proceedings

(1) When an Assistant Consolidation Officer proceeds to prepare a scheme under Section 11, during the continuance of the consolidation proceedings.

(a) no proceedings in respect of any holding shall be commenced or continued except with the permission in writing of the Assistant Consolidation Officer.

(i) for realisation of the land revenue and other revenue demands either by forfeiture, attachment or sale;

(ii) for execution of any award made under the Karnataka Cooperative Societies Act, 1959;

(iii) for execution of any award under any law relating to relief of agricultural debtors in force; or

(iv) for execution of any decree passed by a Civil Court;

(b) no person shall transfer any holding except with the permission in writing of the Assistant Consolidation Officer.

(2) The Assistant Consolidation Officer shall grant the permission referred to in sub-section (1) unless for reasons to be recorded in writing he is satisfied that the proposed proceeding or transfer is likely to defeat the scheme of consolidation.

(3) Any person aggrieved by an order of the Assistant Consolidation Officer under sub-section (2), may, within thirty days from the date of communication of such order, prefer an appeal to the Consolidation Officer, and the order of the consolidation Officer on such appeal shall be final.

Section 25 Rights in holdings

Every owner to whom a holding is allotted for the purpose of the scheme of consolidation shall have the same rights in such holding as he had in his original holding:

Provided that nothing in this section shall apply to any person to whom a holding has been allotted under the provisions of sub- section (6) of Section 17.

Section 26 Encumbrances

(1) If the holding of an owner included in a scheme of consolidation, which has come into force under Section 18 is burdened with a mortgage, debt or other encumbrance, other than a lease, such mortgage, debt or other encumbrance shall be transferred therefrom and attach itself to the holding allotted to him in the scheme or to such part of it as the Assistant Consolidation Officer may, subject to any rules made under Section 44, appoint, the mortgage creditor or other encumbrancer, as the case may be, shall exercise his rights accordingly.

(2) If the holding to which a mortgage, debt or other encumbrance is transferred under sub-section (1) is of less market value than the original holding from which it is transferred, the mortgage, creditor or other encumbrancer as the case may be, shall, subject to the provisions of Section 27, be entitled to the payment of such compensation by the owner of the holding, as the case may require, as the Assistant Consolidation Officer may determine.

(3) Notwithstanding anything contained in Section 17, the Assistant Consolidation Officer shall in the prescribed manner put any mortgagee or encumbrancer entitled to possession, into possession of the holding to which his mortgage or other encumbrance has been transferred under sub-section (1).

Section 27 Apportionment of compensation or net value in case of dispute

Where there is a dispute in respect of the apportionment of.

(a) The amount of compensation determined under sub-section (2) of Section 12 or sub-section (4) of Section 3 or sub-section (2) of Section 14;

(b) the amount of additional compensation or reduction in compensation determined under sub-section 6 or the net value realised or payable under sub-section (4) or (7) of Section 17;

(c) the total amount of compensation determined under sub-section (2) of Section 26. The Assistant Consolidation Officer shall refer the dispute to the decision of the Munsiff's Court and deposit the amount of compensation or the net value, as the case may be, in the Court, and thereupon the provisions of Sections 33, 53 and 54 of the Land Acquisition Act, 1894, shall, so far as may be apply.

Section 28 Correction of clerical and arithmetical mistakes in a Scheme

If, after a scheme has come into force, it appears to the Commissioner that the scheme is defective on account of any clerical or arithmetical mistake or error arising therein from any accidental slip or omission and he is satisfied that the correction of such mistake or error would not vary the scheme in any material particular, he may, by order in writing, correct such mistake or error, and publish his order in the prescribed manner.

Section 29 Power to vary scheme on the ground of error, irregularity or informality

(1) If, after a scheme has been confirmed or has come into force, it appears to the Commissioner that the scheme is defective on account of error (other than that referred to in a Section 28), irregularity or informality, and requires variation, the Commissioner shall publish a draft of such variation in the prescribed manner. The draft variation shall state every amendment proposed to be made in the scheme.

(2) Within one month of the date of publication of the draft variation, any person affected thereby may communicate in writing any objection to such variation to the Commissioner.

(3) After receiving the objections under sub-section (2), the Commissioner may, after making such enquiry, as he may think fit, make the variation with or without modifications or may not make any variation.

(4) If the scheme is varied under sub-section (3), a notification stating that the scheme has been varied shall be published in the Official Gazette and the scheme so varied shall be published in the prescribed manner in the village or villages concerned.

(5) From the date of the notification stating that the scheme has been varied, the variation shall take effect as if it were incorporated in the scheme.

Section 30 Power to vary or revoke scheme at any time

A scheme for the consolidation of holdings confirmed under this Act 11. Inserted by Act No. 15 of 1979, w.e.f. 24-2-1979. [or under any of the Acts repealed by Section 47] may, at any time, be varied or revoked by a subsequent scheme prepared, published and confirmed in accordance with this Act.

CHAPTER 5 Other Powers of Consolidation Officers

Section 31 Power of Officers to enter upon land for purposes of survey and demarcation

Subject to the provisions of Section II the Consolidation Officer or the Assistant Consolidation Officer and any person acting under his orders, may in the discharge of any duty under this Act, 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.

Section 32 Penalty for destruction, injury or removal of survey marks

If any person wilfully destroys or injures or without lawful authority removes a survey mark lawfuly erected, he may be ordered by an Assistant Consolidation Officer to pay fine not exceeding fifty rupees for each mark destroyed, injured or removed, as may, in the opinion of that 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.

Section 33 Report of destruction or removal or injury to survey mark

Every village officer shall be legally bound to furnish an Assistant Consolidation Officer with information respecting the destruction or removal of, or an injury done to, any survey mark lawfully erected in the village.

Section 34 Power of Consolidation Officer and Assistant Consolidati on Officer to summon persons

(1) A Consolidation Officer or an Assistant Consolidation Officer may summon any person whose attendance he considers necessary for the purpose of any business before him under this Act.

(2) A person so summoned shall be bounded to appear at the time and place mentioned in the summons in person or if the summons so allows, by his recognised agent or legal practitioner.

(3) The person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or make statements and to produce such documents and other things relating to any such matter as the Consolidation Officer or the Assistant Consolidation Officer may require for purposes of this Act.

(4) The Consolidation Officer and the Assistant Consolidation Officer shall for purposes of this section have the power of a Court under Section 32 and Order XVI of the First Schedule to the Code of Civil Procedure, 1908 (Central Act 5 of 1908).

Section 35 Control

(1) Subject to the control of the State Government, the Commissioner.

(a) shall exercise such powers and shall perform such duties and functions as are conferred upon the Commissioner, by or under provisions of this Act; and

(b) shall superintend the administration and carry out generally the provisions of this Act.

(2) Subject to the control of the State Government and the Commissioner.

(a) a Consolidation Officer shall perform such duties and functions as are conferred upon the Consolidation Officer by or under the provisions of this Act; and

(b) shall exercise general supervision over the duties and functions of Assistant Consolidation Officers.

CHAPTER 6 General

Section 36 Appointment of Officers and Staff and delegation of powers

(1) The State Government may, by notification, delegate any of its powers or functions under this Act to any of its Officers.

(2) The State Government may, by notification, invest the Deputy Commissioner with all or any of the powers of the Commissioner under this Act.

(3) The Consolidation Officer may, with the sanction of the State Government, delegate any of his powers or functions under this Act to any other Officer of the State Government.

Section 37 Power of State Government to call for proceedings

The State Government may, at any time, for the purpose of satisfying itself as to the legality or propriety of any order passed by any Officer under this Act, call for and examine the record of any case pending before or disposed of by such Officer and may pass such order in reference thereto as it thinks fit:

Provided that no order shall be varied or revised until the parties interested have been given a reasonable opportunity of showing cause against the proposed variation or revision of the order.

Section 37A Power of State Government to exclude the application of the Act

11. Proviso substituted by Act No. 15 of 1979, w.e.f. 24-2-1979. Notwithstanding anything contained in this Act, the State Government may, by notification, direct that any of the provisions of this Act shall not apply to such areas 22. Schedule substituted by Act No. 15 of 1979, w.e.f. 24-2-1979. [from such date and for such period, if any] as may be specified in the notification.]

Section 38 Appeal and revision barred save as provided in Act

Except as provided in this Act, no appeal or revision application shall lie from any order passed under this Act.

Section 39 Penalty for transfer or partition contrary to Act

(1) The transfer or partition of any land contrary to the provisions of this Act shall be void.

(2) The owner of any land so transferred or partitioned shall be liable to pay such fine not exceeding two hundred and fifty rupees as the Deputy Commissioner may, subject to the general orders of the State Government direct. Such fine shall be recoverable as arrears of land revenue.

(3) Any person unauthorisedly occupying or wrongfully in possession of any land, the transfer or partition of which is void under the provisions of this Act, may be summarily evicted by the Deputy Commissioner, and after such eviction such land shall be deemed to be in the possession of the person lawfully entitled to such possession.

Section 40 Validation of certain transfers, partitions and sub-divisions made before the Commencement of this Act

The transfers of partitions or sub-divisions of any land in contravention of the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bombay Act 62 of 1947) made before the date of commencement of this Act shall, notwithstanding the provisions of Section 9 or of Section 31 of the said Bombay Act, not be deemed void merely on the ground of the contravention of any of the provisions of the said Bombay Act, if the person in possession of the land at the aforesaid date by virtue of any transfers or partitions or sub-divisions or purported transfers or partitions or sub-divisions, pays to the State Government within the prescribed period a penalty equal to one per cent of the consideration of the land transferred, partitioned or sub-divided, or one hundred rupees, whichever is less:

Provided that, if such transfer is made in favour of a tenant in actual possession of the land transferred or of a person in actual possession of a contiguous holding the penalty payable in respect thereof shall be one rupee.

Section 41 Indemnity

No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act.

Section 42 Bar pf Jurisdiction

(1) No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the State Government or any Officer or authority.

(2) No order of the State Government or any such officer or authority made under this Act shall be called in question in any Civil or Criminal Court.

Section 43 Suits in Favour of Issues Required to be Decided Under this Act

(1) If any suit instituted in any Civil Court involves any issues which are required to be settled, decided or dealt with by any authority competent to settle, decide or deal with such issues under this Act (hereinafter referred to as "Competent Authority"), the Civil Court shall stay such suit and refer such issues to such Competent Authority for determination.

(2) On receipt of such reference from the Civil Court; the Competent Authority shall deal with and decide such issues in accordance with the provisions of this Act and shall communicate its decisions to the Civil Court and such Court shall thereupon dispose of the suit in accordance with the procedure applicable thereto.

Section 44 Rules

The State Government may, after Previous publication, by notification, make rules for carrying out the purpose of the Act.

Section 45 Removal of difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, in consequence of the transition to the said provisions from the provisions of the Acts in force 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 otherwise than in relation to the transition from the provisions of the Acts in force before the commencement of this Act, the State Government may, by notification, make such provisions, not inconsistent with the purpose of this Act, as appear to it to be necessary or expedient for removing the difficulty.

Section 46 Rules and notification to be laid before the State Legislature

Every rule made under Section 44 and every notification issued under Section 45, shall be laid as soon as may be after it is made or issued 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 or notification or both Houses agree that the rule or notification should not be made, the rule 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 that rule or notification.

Section 47 Repeal

The Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bombay Act LXII of 1947), as in force in the Bombay Area and the Hyderabad Prevention of Fragmentation and Consolidation of Holdings Act, 1956 (Hyderabad Act XLVI of 1956), as in force in the Hyderabad Area, are hereby, repealed:

11. Proviso substituted by Act No. 15 of 1979, w.e.f. 24-2-1979. [Provided that Sections 6 and 24 of the Karnataka General Clauses Act, 1899 (Karnataka Act 3 of 1899) shall be applicable in respect of such repeal.]

Section 48 Amendment of Karnataka Act 10 of 1962

In sub-section (A) of Section 2 of the Karnataka Land Reforms Act, 1961, for clause (14), the following clause shall be substituted, namely. "(14) "fragment" means a fragment as defined in the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966;"

SCHEDULE 1 SCHEDULE

SCHEDULE SCHEDULE

(See Section 3)

SI. No.

Class of lands

Area

(1)

(2)

 (3)

1.

 A Class

 One-half acre.

2.

 B Class

 Three-fourth acre.

3.

 C Class

 One and one-fourth acre.

4.

 D Class

 Two and seven-tenth acres

Explanation In this Schedule 'A' Class, 'B' Class, 'C' Class or 'D Class shall have the meaning assigned to them in the Karnataka Land Reforms Act, 1961.]

RULE:

KARNATAKA PREVENTION OF FRAGMENTATION AND CONSOLIDATION OF HOLDINGS RULES, 1969

In exercise of the powers conferred by Section 44 of the Kamataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966 (Karnataka Act 1 of 1967), the Government of Karnataka, hereby makes the following rules, the draft of the same having been previously published as required under Section 44 of the said Act in Notification No. GSR 107 (RD 24 TCO 67), dated 22nd March, 1968, in Part IV, Section 2-C(i) of the Karnataka Gazette, dated 18th April, 1968, namely.

Rule 1 Title

These rules may be called the Karnataka Prevention of Fragmentation and Consolidation of Holdings Rules, 1969.

Rule 2 Definitions

In these rules, unless the context otherwise requires.

(a) "Act" means the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966;

(b) "Form" means a form appended to these Rules;

(c) "Section" means a section of the Act.

Rule 3 Form of entry regarding fragments in a village where there is no record of rights

In a village where there is no record of rights, all fragments in such village shall be entered as such as required by sub-section (1) of Section 4, in Form I.

Rule 3A Furnishing of intimation and affidavit

22. Rule 3-A inserted by GSR 289, dated 13-12-1983, w.e.f. 14-12-1983. The intimation and the affidavit to be sent to the Tahsildar and the copies thereof to be furnished to the Sub-Registrar as required under clause (b) of Section 5 of the Act shall either be sent by the owner of the fragment to them by registered post or be presented in person. The intimation shall be in Form XV and the affidavit in Form XVI.]

Rule 4 Manner of choosing by lot on sharers for allotment of share of land or money compensation under sub-section (2)(b) of Section 8.

(1) The Court or the Deputy Commissioner as the case may be shall first fix the number of co-sharers to whom a share of land may be provided and the number of co-sharers to whom money compensation may be given and shall call upon all the co-sharers by a written notice, to be present before the Court or the Deputy Commissioner, as the case may be, on the date specified in such notice.

(2) On the date specified in the notice referred to in sub-rule (1) or such future date to which the proceedings may be adjourned, the Court or the Deputy Commissioner, as the case may be, shall in the presence of co-sharers or their representatives who may be present on that day.

(i) prepare as many identical slips of paper as there are co-sharers;

(ii) write the name of each co-sharer on a separate slip one side and fold all such slips in identical manner so as to completely enclose the name written thereon;

(iii) place all the slips in an empty box of a suitable size and thoroughly mix them by shaking the box; and

(iv) ask one of the co-sharers or any other person who may be present there to take out from the box with hand, but without looking at the box, one by one, as many folded slips as the number of co-sharers fixed under sub-rule (1) for allotting share of land.

(3) The co-sharers whose names appear in the slips so taken out shall be entitled to get share of land and the remaining co-sharers shall be entitled to get money compensation.

(4) If on the date specified in the notice issued under sub-rule (1) all or more than half the number of co-sharers are absent, the Court or the Deputy Commissioner, as the case may be, may draw the lots as provided in sub-rule (2) in the presence of not less than three Panchas to be selected by the Court or by the Deputy Commissioner.

Rule 5 Manner of depositing compensation by a co-sharer under sub-section 2(c) of Section 8

The Court or the Deputy Commissioner making partition of land shall, after determining the amount of compensation payable by each co-sharer in respect of the excess value of land he gets over the share of land legally due to him, call upon the Co-sharers concerned by notice in writing to deposit in case of Court with the Court and in case of Deputy Commissioner, in the nearest Government Treasury, the amount of compensation payable by him within the period to be specified in the notice. Where the amount is deposited in a Government Treasury, the co-sharer shall produce the receipted challan from the Treasury before the Deputy Commissioner within seven days from the date of deposit of the amount by him.

Rule 6 Application for transfer of any land for public or non-agricultural purpose

(1) Any person desiring to obtain permission for transferring any land for any public purpose or for a bona fide non-agricultural purpose may make an application in that behalf to the Deputy Commissioner.

(2) The Deputy Commissioner shall on being satisfied that the transfer of lands is for a public purpose or for a bona fide non-agricultural purpose grant the permission applied for subject to the conditions that may be imposed under sub-rule (3).

(3) Conditions may be imposed 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 ensure that he dimensions, arrangement and accessibility of 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.

Rule 7 Manner of publication of Notifications under Section 10

After a notification under Section 10 is published, the Deputy Commissioner shall cause the contents thereof to be published by beat of drum in each of the villages concerned and by affixing translations of the same in the regional language in the Taluk Office of the Taluk concerned and at the chavadi or other prominent place in each of the villages concerned in the regional language of such village.

Rule 8 Constitution of Village Committee

(1) The Consolidation Officer shall constitute a Village Committee under Section 2(k) for such of the village specified in the notification under Section 10 for which there is no village panchayat or town panchayat in the manner hereinafter provided.

(2) The Consolidation Officer shall issue a notice in Form II requiring the owners of the lands of the village and other persons interested in the lands to assemble on a date and at a time and place in the village specified in such notice of the purpose of constituting a Village Committee.

(3) The notice referred to in sub-rule (2) shall be published.

(i) by being affixed in village chavadi or if there is no village chavadi in some conspicuous place in the village; and

(ii) by beat of drum in the village.

(4) The Consolidation Officer shall be present in the village on the date and at the time and place specified in the notice referred to in sub-rule (2) and shall after taking consideration the wishes of the land owners and other persons interested assembled nominate the members of the Village Committee.

(5) The number of members of the Village Committee shall be fixed by the Consolidation Officer and the number of such members shall not be less than five or more than nine.

(6) The Consolidation Officer shall as soon as may be and not later than fifteen days from the date of the constitution of the Village Committee, cause to be published in the village, a notice specifying the names of the members of the Village Committee.

(7) The notice referred to in sub-rule (6), shall be in Form III and shall be published in the manner specified in sub-rule (3).

Rule 9 Notice of the intended visit of the Assistant Consolidation Officer

The notice by the Assistant Consolidation Officer under Section 11 shall be in Form IV and shall be published in the chavadi for a period of not less than seven days and shall also be published by beat of drum.

Rule 10 Procedure to be followed by the Assistant Consolidation Officer in preparing the scheme

In preparing a scheme the Assistant Consolidation Officer shall follow the following procedure, namely.

(a) The lands in the village shall be grouped into separate blocks, having regard to the following factors.

(i) the kind and number of the crops grown;

(ii) the quality and fertility of the soil;

(iii) the nature of the irrigation facilities, if any available.

(b) Consolidation of holdings shall, as far as possible, be effected with respect to the plots situated within the same block.

(c) The allotment of plots shall be made, having regard to the following factors, namely.

(i) the location of the residence of the owner; and

(ii) the improvements, if any, made by the owner to the land.

Rule 11 Interest on and instalments of loans

11. Rule 11 substituted by GSR 426. dated 22-11-1969, w.o.f. 11-12-1969. The interest on the loans granted under sub-section (3) of Section 12 shall be charged at eight per cent perannum. The loan together with the interest thereon shall be repaid in ten a'nnual instalments.]

Rule 12 Publication of declaration under Section 13

The declaration under sub-section (1) of Section 13 shall be published in the village by affixing copies of the same for thirty days at a prominent place on the road, street, lane or path concerned and at the chavadi or other prominent place in the village concerned in the regional language of the village. It shall also be announced in the village by beat of drum that the declaration has been so published and that objections if any, to the declaration and claims, if any, for compensation on account of the extinction or diminution of any interest or right other than the right of public highway on or over ( the said road, street, lane or path should be submitted to the Assistant Consolidation Officer within thirty days.

Rule 13 Publication of draft scheme by the Consolidation Officer

(1) The draft scheme of consolidation prepared under Section 11 together with the maps, statements, lists and other particulars mentioned therein shall be published by the Consolidation Officer by affixing copies of the same along with the notice in Form V for thirty days at the chavadi or other prominent place in each of the villages concerned in the regional language of such village. Individual notice of such publication shall be given to the land owners likely to be affected by the scheme by beat of drums in the village to the effect that the scheme has been published and that objections, if any, should be submitted to the Consolidation Officer, within thirty days.

(2) A copy of the notice in Form V shall also be simultaneously affixed for thirty days at the Taluk Office in the regional language of the Taluk.

Rule 14 Publication of the amended draft scheme by the Consolidation Officer

The Consolidation Officer shall publish the amended draft scheme together with the notice in Form VI in the same manner as is provided in Rule 13.

Rule 15 Publication of the amended draft scheme by the Commissioner

The Commissioner shall publish the amended draft scheme proposed by the Consolidation Officer under clause (c) of sub-section (3) of Section 15 or as may be amended by him under sub-section (2) of Section 16 along with a notice in Form VII for thirty days in the same manner as is provided in Rule 18.

Rule 16 Publication of confirmed scheme

After the notification stating that the scheme as confirmed is published in the Official Gazette, the Consolidation Officer shall cause the scheme as confirmed to be published by affixing copies of the same at the chavadi or other prominent place in each of the villages concerned in the regional language of such village. It shall also be announced in each such village by beat of drum that the scheme has been so published. A notice in Form VIII shall also be affixed at the Taluk Office in the regional language of the Taluk.

Rule 17 Manner of Depositing, etc., under Section 17

11. Rule 17 substituted by GSR 216, dated 16-7-1976, w.e.f. 29-7-1976.

(1)As soon as the scheme of Consolidation is confirmed the Assistant Consolidation Officer shall prepare/a statement in Form VIII-A showing the name/s of person/s from whom the compensation amount is to be recovered and also the name/s of person/s to whom the compensation amount is payable and forward the same in triplicate to the Treasury Officer for taking note of credits and payments and simultaneously pass orders in Form VIII-B directing the holders concerned, to credit the compensation amount into the Treasury, personally or through the Village Officers concerned under the Head "IX. L.R. Deposit of compensation amount under Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966". A copy of the order in Form VIII-B shall also be endorsed to the Treasury Officer concerned.

(2) Soon after the compensation amount is fully received from the persons concerned the Assistant Consolidation Officer, shall pass the orders in Form VIII-C directing the persons entitled to receive the compensation amount to take away the same from the Treasury. A copy of the order passed shall also be endorsed to the Treasury Officer, concerned.]

Rule 18 Manner of eviction of any person from land under sub-section (3) of Section 17 and putting the owner in possession

(1) If the Assistant Consolidation Officer is satisfied after making such enquiry, if any, as he considers necessary, either suo motu or on an application made in this behalf, that it is necessary to evict any person from any land for the purpose of putting any owner in possession of the holding to which he is entitled under a scheme for the consolidation of holdings, he shall pass an order requiring such persons to vacate the land within a period specified in such order, which shall be not less than fifteen days from the date of service thereof:

Provided that no such order shall be passed unless the person concerned has been given a reasonable opportunity of showing cause against the proposed order.

22. Sub-rule (2) substituted by GSR 426, dated 22-11-1969, w.e.f. 11-12-1969. (2) The order issued under sub-rule (1), shall be executed in the following manner, namely.

(i) by serving it on the person or persons in possession requiring them to vacate the land within the time specified in said order; and

(ii) if such order is not obeyed, by removing any person who may fail or refuse to vacate the same; and

(iii) if the Officer removing any such person is resisted or obstructed by any person, the Assistant Consolidation Officer shall hold a summary inquiry into the facts of the case and if he is satisfied that the refusal or failure to vacate the land within the period specified was without any just cause and that such resistence and obstruction still continues may, without prejudice to any proceedings to which such person may be liable under any law for they time in force for the punishment of such resistence or failure, take or cause to be taken such steps and use or cause to be used such force as may, in his opinion be reasonably necessary for securing the compliance with the order.]

Rule 19 Manner of determination of additional compensation or reduction in compensation under sub-section (4) of Section 17

11. Rule 19 substituted by GSR 426, dated 22-11-1969, w.e.f. 11-12- 1969.

(1) For the purpose of determining the additional compensation payable or the reduction to be made in the compensation payable under sub-section (4) of Section 17, the Assistant Consolidation Officer shall make the valuation of the standing crops, trees, embankments and similar other improvements found on the land at the time of putting the owner in possession of the holding as if these improvements were there on the date on which the original compensation was determined. Where standing crops, trees, embankments and similar other improvements have been taken into consideration in determining the compensation under the scheme and they or any of them have ceased to exist or substantially changed at the time of putting the owner in possession of the holding, the value of the improvements as estimated originally shall be deducted from the amount of compensation determined.

(2) The additional compensation determined under sub-rule (1) shall be deposited in the same manner as specified in Rule 17.]

Rule 20 Manner of re-allotment of a holding under sub-section (6) of Section 17

The right in a holding shall be re-allotted by the Consolidation Officer under sub-section (6) of Section 17 in the following manner, namely. The Consolidation Officer shall announce in the village concerned through the Village Officers and by beat of drum and also by affixing a notice in the regional language of the village at the chavadi or other prominent place in the village, the fact of the default committed by the person to whom the holding was allotted and of its availability for re-allotment and invite applications stating the value at which the applicants may wish it to be allotted to them. After considering these applications, the Consolidation Officer shall re-allot the holding to the highest bidder provided that.

(i) where two or more applicants who own the adjoining holding and cultivate them personally offer the same bid, the holding may be re-allotted to him whose application was received first;

(ii) where two or more applicants offer the same bid and one of them owns the adjoining holding or holdings and cultivates them personally, a holding may be re-allotted to the latter applicant; and

(iii) where two or more applicants offer the same bid and one of them owns the adjoining holding or holdings the holding may be re-allotted to the person whose application was received first.

Rule 21 Form of certificate of transfer

The certificate of transfer under sub-section (1) of Section 20 shall be issued by the Assistant Consolidation Officer in Form IX or X as the case may require.

Rule 22 Assessment of cost

11. Rule 22 substituted by GSR 426, dated 22-11-1969, w.e.f. 11-12-1969. The cost of carrying out a scheme of consolidation shall, include the following items, namely.

(1) The proportionate pay and allowance of the staff employed for the work;

(2) The wages of the labour engaged, provided that no such wages shall be charged if the parties were to provide labour;

(3) Cost of stones and other materials, if any;

(4) Contingent charges, if any; and

(5) Supervision charges at twenty per cent of the cost thereof.]

Rule 23 Period for making application under sub-section (2) of Section 23

The period for making an application for possession under clause (b) of sub-section (2) of Section 23 shall be twenty-one days from the date of proclamation in the village by the Assistant Consolidation Officer under the said section.

Rule 24 Manner of transfer of mortgage debt or other encumbrances to new holdings

In transferring a mortgage debt or other encumbrance under sub-section (1) of Section 26, the Assistant Consolidation Officer shall observe the following rules, namely.

(1) where a new holding is of the same market value as the original one, the whole of the encumbrance attaching to the latter shall be transferred to the former;

(2) if the new holding is of a substantially greater market value than the original one, the mortgage and other encumbrances at- taching to the latter shall be transferred to the former, subject to the condition that the mortgagee and other creditors will agree to such reasonable reduction in the rate of interest as may be fixed by the Assistant Consolidation Officer having regard to the substantially better security provided by the new holding.

Rule 25 Procedure for putting mortgagee or other encumbrancer into possession under sub-section (3) of Section 26

In cases where a mortgagee or other encumbrancer appears to the Assistant Consolidation Officer to be entitled to possession of a holding under sub-section (3) of Section 26, the Assistant Consolidation Officer shall issue a notice to the owner to show-cause within fifteen days why the mortgagee or the other encumbrancer, as the case may be, should not be put into possession of his holding. If the owner fails to show-cause or if the Assistant Consolidation Officer is satisfied that the cause shown by the owner is not adequate, he shall put the mortgagee or other encumbrancer, as the case may be, into possession of the holding and get the Record of Rights in respect of the holding corrected accordingly.

Rule 26 Publication of the order under Section 28

The order made by the Commissioner under Section 28, shall be published by affixing copy of the same together with a notice in Form XI for fifteen days at the chavadi or other prominent place in each of the villages concerned in the regional language of such village. It shall also be announced in each of the villages concerned by beat of drum that the order has been so published. A copy of the notice in Form XI shall also be affixed for fifteen days at the Taluk Office concerned in the regional language of the Taluk.

Rule 27 Publication of draft variation scheme under sub-section (1) of Section 29

The draft variation scheme under sub-section (1) of Section 29 shall be published by affixing a copy of the same together with a notice in Form XII for thirty days at the chavadi or other prominent place in each of the villages concerned in the regional language of such village. It shall also be announced in each village by beat of drum, that the draft variation has been so published. A copy of the notice in Form XII shall also be affixed for thirty days at the Taluk Office of the Taluk concerned in the regional language of the Taluk. 11. Inserted by GSR 194, dated 31-7-1973, w.e.f. 9-8- 197.3. [Individual notice of such publication shall also be given to all the owners likely to be affected by the draft variation scheme.]

Rule 28 Publication of the varied scheme under sub-section (4) of Section 29

After the notification stating that the scheme has been varied under sub-section (3) of Section 29 is published in the Official Gazette, the Consolidation Officer shall cause the varied scheme to be published by affixing copies of the same together with a notice in Form XIII at the chavadi or other prominent place in the regional language. It shall also be announced in the village by beat of drum that the scheme so varied has been published. A copy of the notice in Form XIII shall also be published at the Taluk Office. 11. Inserted by GSR 194, dated 31-7-1973, w.e.f. 9-8- 197.3. [Individual notice of such publication shall also be given to all the land owners likely to be affected by the varied scheme.]

Rule 29 Procedure and period for payment of penalty under Section 40

22. Rule 29 substituted by GSR 7, dated 28-12-1970, w.e.f. 7-1-1971.

(1) The penalty payable under Section 40 shall be paid not later than three years from the date of commencement of these rules, to the head of account "IX-Land Revenue-d-Recoveries on account of survey and settlement charges, (v) Recoveries on account of Prevention of Fragmentation and Consolidation of Holdings Act (Bombay-Karnataka Area)". The person crediting such penalty shall forward the Challan for having credited the penalty to the Tahsildar of the Taluk concerned along with an application in Form XIV. Document evidencing the transfer, partition or Sub-Division of the Land in respect of which such penalty j is credited shall also be sent along with the application.

(2) On receipt of such challan and the application, if the Tahsildar is satisfied that the amount of penalty credited is less than the amount payable under Section 40, he shall issue a notice calling upon such person to credit the balance of the amount (to the same head of account) within fifteen days, which shall not be beyond the period specified in sub-rule (1), from the date of receipt of the notice and produce the challan for having credited the amount.

(3) Where the penalty paid is in accordance with the provisions of Section 40, the Tahsildar shall make an order that the proper amount of penalty has been paid. A copy of such order shall be sent to the Village Accountant concerned who shall enter the changes in the register of mutations and in the Record of Rights against the entries relating to the transfer or partition or sub-division as the case may be, of the land in respect of which the penalty has been paid, the amount of penalty and the date on which it is paid. A copy of the order shall also be sent to the applicant.]

Rule 30 Correction of Record of Rights

In accordance with the scheme of consolidation, the Record of Rights shall be corrected 33. The words "by the Consolidation Officer" omitted by GSR 426, dated 22-11-1969, w.e.f. 11-12-1969. [x x x x x] in the manner laid down in the Karnataka Land Revenue Act and the Rules made thereunder.

Rule 31 Officer who may determine areas where land possessing facilities for assured irrigation lie and the manner in which they may determine such areas

(1) The Assistant Commissioner having jurisdiction over any area shall determine as required under Explanation 1 to the Schedule to the Act the areas where land possessing facilities for assured irrigation lie. For this purpose, the Assistant Commissioner may obtain such information as he may consider necessary from any Department of Government.

(2) The Assistant Commissioner shall prepare a provisional list of areas where land possessing facilities for assured irrigation lie; and shall cause such list along with a notice, to be published by affixture on the Notice Board of his office, and on the Notice Boards of the Taluk Offices concerned, and by affixture of the relevant extract thereof in the village chavadies concerned.

(3) A notice under sub-rule (2) shall specify that any person interested may within thirty days from the date of affixture of the notice in the Office of the Assistant Commissioner file any objections or suggestions before the Assistant Commissioner. The Assistant Commissioner shall consider such objections and suggestions as may be received within the time so specified, determine the areas and publish the list by affixture on the Notice Board in his office and on the Notice Boards of the Taluk Offices concerned and by affixture of the relevant extracts thereof in the chavadies concerned.

Rule 32 Officer who may specify the average rainfall

For the purpose of Explanation 2 to the Schedule to the Act, the Director of Bureau of Economics and Statistics in Mysore, Bangalore, shall after treating evey Taluk as a unit, notify in the Official Gazette the average of the annual rainfall of every Taluk during a period of twenty-five years prior to the Second day of October, 1965. 11. Proviso added bv GSR 405. dated 10-12-1971. w.e.f. 16-12-1971. [Provided that. -

(i) Where from out of the limits of any ta'uk, a new taluk is created the average annual rainfall already notified for the taluk shall be deemed to be the average annual rainfall for the new taluk also; and

(ii) Where a new taluk is created out of two or more taluks, the Director of Bureau of Economics and Statistics shall, after taking into consideration the average annual rainfall notified for such taluks, notify the average annual rainfall for the new taluk.]

Rule 33 Repeal and Savings

All rules framed under the enactments repealed bv Section 47 of the Act are hereby, repealed: Provided that the repeal shall not affect.

(a) the previous operation of the rules so repealed or anything duly done or suffered thereunder; or

(b) any right, privilege, application or liability acquired, accrued or incurred under any rule so repealed; or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any rule so repealed; or

(d) any investigation or legal proceeding or remedy in respect of any such right, privilege, obligation, liability or penalty, forfeiture or punishment as aforesaid any such investigation, legal proceeding or remedy may be instituted continued, or enforced and any such penalty, forfeiture, punishment may be imposed as if such rules had not been repealed:

Provided further that anything done or any action taken (including any appointment or delegation made, notification, order, instructions or directions issued, certificate obtained, permit granted or registration effected under any such rules), shall be deemed to have been done or taken under the corresponding provisions of these rules and 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.

APPENDIX 1 FORM

FORM 1

[See Rule 3]

SI. No. S.No. or name of field Inam Ordinary or Special assessment and Jodi Subdivision No. Class and how long continued No. in and Alienation Register and tenure and decision if any Survey No. Area (1) (2) (3)(a) (3)(b) (3)(c) (4) (5) (6) . . . . . . . .

Area Assessment Jodi or Special or N.A. of assessment payable Owner of land Nature and origin of title Other right or encumbrances with name of right holder or encumbrancer Reference to Mutation Diary Remarks (7) (8) (9) (10) (11) (12) (13) (14) A-G Rs. P. . . . . . .

APPENDIX 2 NOTICE

FORM 2

[See Rule 8(2)]

NOTICE

Whereas, it is proposed to constitute a Village Committee under clause (k) of Section 2 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966 (Karnataka Act of 1967) for the Village of.............(Here enter the name of the Village) and situated in the Taluk.........Here enter the name of Taluk) in the District of.........(here enter the name of the District).

All the persons interested in the lands of the said Village are required to assemble on.........(date) at.........(time) at....... . . (place) for the purpose of constituting the said Village Committee.

Consolidation Officer.

APPENDIX 3 NOTICE

FORM 3

[See Rule 8(7)]

NOTICE

It is hereby notified that a Village Committee has been constituted under clause (k) of Section 2 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966 (Karnataka Act 1 of 1966) for the Village of.................(here enter the name of the Village) and situated in the Taluk of.................(here enter the name of the Taluk) in the District of......(here enter the name of the District and that the following are the names of the members of the said Village Committee.

(Here enter the name of the members of the Village Committee)

Consolidation Officer.

APPENDIX 4 NOTICE

FORM 4

[See Rule 9]

NOTICE

.Whereas, it is proposed under the provisions of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966 (Karnataka Act 1 of |967) to make a scheme of consolidation of holdings in the village of.................(here enter the name of the Village) and situated in the Taluk of...............(here enter the name of the Taluk) in the District of..................(here enter the name of the District),

.All the owners of land, other interested persons and members of the Village Panchayat of the said Village are hereby called upon to offer on (date).............at.............(time) at......... . . . (place) their suggestions, if any, in regard to the said Scheme.

Assistant Consolidation Officer.

APPENDIX 5 NOTICE

FORM 5

[See Rule 13]

NOTICE

Notice is hereby given that the draft scheme for the Consolidation of Holdings situate in the.............Village............ Taluk.............District.................has been 5 prepared by the Assistant Consolidation Office under Section 11 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966 and published on the.................day of....... .....196.....at the Chavadi in the said Village.

2. Any person who is likely to be affected by the said scheme, may submit in writing his objections relating to the scheme, to the Consolidation Officer, on or before the................day of.......... ... 196........dated the.........day of.........196. .

Consolidation Officer.

APPENDIX 6 NOTICE

FORM 6

[See Rule 14]

NOTICE

Notice is hereby given that the draft scheme for the consolidation of holdings situate in.............Village.........Taluk . . . ..........District.................was prepared under Section 11 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966 and it was published in manner prescribed in Rule 13 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Rules, 1969, on the..............day of......... .... 19, for inviting objections, if any, to the said scheme. On consideration of the objections received, the scheme is amended by the Consolidation Officer, and is published under sub-section (2) of Section 15 of the said Act at the Chavadi in the said Village.

2. Any person who is likely to be affected by the said amended scheme may submit in writing his objections relating to the amended scheme to the Consolidation Officer on or before the.................day of.........19.........dated the........day of...... .19.....

Consolidation Officer.

APPENDIX 7 NOTICE

FORM 7

[See Rule 15]

NOTICE

Notice is hereby given that the draft scheme for the consolidation of holdings situate in.................Village . ........... .... Taluk.................District................. was prepared under Section 11 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966 and it was published in the manner prescribed in Rule 14 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Rules, 1969, on the . . . ..............day of.................19......for inviting objections, if any, to the said scheme. On consideration of the objections received, the scheme was amended by the Consolidation Officer and the amended Scheme was re-published under sub-section (2) of Section 15 of the said Act for inviting objections, if any, to the said amended scheme. On consideration of the objections received, the (amended) scheme is (further) amended by the Commissioner and is published under .... .............Section 15(3)(c) of Section 16(2) of the said Act at the Chavadi in the village.

2. Any person who is likely to be affected by this (further) amended scheme, may submit in writing his objections relating to the scheme to the Commissioner, Bangalore, on or before the................ . day of..................19......dated the......... ........day of.................19.....

Commissioner.

APPENDIX 8 NOTICE

FORM 8

[See Rule 16]

NOTICE

.Notice is hereby given for the information of all owners and other persons having interest in land that the scheme for the consolidation of holdings, situate in.................Village............ .....Taluk.................District, as confirmed by the Commissioner under sub-section (3) of Section 16 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966, has been published at the Chavadi in the said village.  

.Dated the.................day of................ .19......

Consolidation Officer.

APPENDIX 8A FORM

FORM 8A

[See Rule 17]

Village: . ..Taluk: . ..District:

.The scheme of Consolidation of holdings of the above village as confirmed by the Director, Survey, Settlement and Land Records, Bangalore, in his Notification No.........dated.........has been published at pages..........of the Karnataka Gazette, dated ..........and the said scheme has been published by the Consolidation Officer in the Taluk Office and the said village Chavadi in the regional language. The fact of such publication has been announced by beat of drum.

Particulars of Deposit

SI. No. Khata No. Name of Depositor Amount to be deposited Date of Deposit Amount deposited Initials of the Treasury Officer (1) (2) (3) (4) (5) (6) (7)

Particulars of Disbursement of Compensation

SI. No. Khata No. Name of person to whom compensation is due Compensation Rs. P. Date of disbursement Signature of the payee Balance of compensation due Rs. P. Treasury Officer's Signature Remarks (8) (9) (10) (11) (12) (13) (14) (15) (16)

Columns 1 to 4 and Columns 8 to 11 to be filled by the Assistant Consolidation Officer and Columns 5 to 7 and 12 to 16 by the Treasury Officers. This form should be filled in triplicates and forwarded to the Treasury Officers by the Assistant Consolidation Officer.

No........... ........Date.........

Copy to the Treasury Officer..........(in triplicate)

.......Assistant Consolidation Officer.

No........ ........Dated........

.Second/third copy retransmitted to the Assistant Consolidation Officer

.........Treasury Officer.

APPENDIX 8B Form of Notice

FORM 8B(1)

[See Rule 17]

Form of Notice (Original)

Place: ........... ........... ........... Taluk: ........... ........... ........... District:

...........Notification No...........dated..........confirming the scheme of Consolidation of holdings published on page Nos........ ......Part..........of the Karnataka Gazette, dated....... The scheme of Consolidation of holdings under Section 15 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1969 has been published on.........in the village and the Taluk Office.

No........ ........... ........... ........... ........... ........... ........... ........... ...........Date.........

To

Sri..........

...........Whereas, in accordance with the scheme for Consolidation of Holdings, the lands shown under Khata No...............of village .... ..........Taluk..............have been allotted to you, and amount of Rs...............(Rs...............only) as compensation is due from you. Hence you are required to deposit the said amount in the..............District/Taluk Office Treasury and forward a copy of the Challan to this Office within 15 days from (date)..............Should you fail to do so, the lands will be disposed of according to law.

Assistant Consolidation Officer.

APPENDIX 8C Form of Notice Duplicate to the Treasury Officers

FORM 8B(2)

[See Rule 17]

Form of Notice Duplicate to the Treasury Officers

Place: ........... ........... ........... Taluk: ........... ........... ........... District:

...........Notification No...............dated............confirming the scheme of Consolidation of holdings published on page Nos...... .... Part.........of the Karnataka Gazette, dated.......... The scheme of Consolidation of holdings under Section 16 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1969, has been published on...............in the village and the Taluk Office.

No...... ............. ...... ........... ........... ........... ........... ........... ........... ............... Date..... ... ...........

To.

Sri.................

.

...........Whereas, in accordance with the scheme for Consolidation of Holdings, the lands shown under Khata No...............of village .... ..........Taluk..............have been allotted to you, and amount of Rs...............(Rs...............only) as compensation is due from you. Hence you are required to deposit the said amount in the..............District/Taluk Office Treasury and forward a copy of the Challan to this Office within 15 days from (date) . . ............Should you fail to do so, the lands will be disposed of according to law.

Assistant Consolidation Officer.

APPENDIX 8D Form of Notice

FORM 8B(3)

[See Rule 17]

Form of Notice

(Triplicate to the Holder depositing compensation amount)

Place: Taluk: District:

...........Notification No...............dated............confirming the scheme of Consolidation of holdings published on page Nos...... .........Fart..............of the Karnataka Gazette, dated The scheme of Consolidation of holdings under Section 16 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1969, has been published on..............in the village and the Taluk Office.

No........ ........... ........... ........... .......... ........... ........... ............ ........... Date.....

To..

Sri.................

...........Whereas, in accordance with the scheme for Consolidation of Holdings, the lands show under Khata No...............of village..... .........Taluk..............have been allotted to you, and amount of Rs...............(Rs...............only) as compensation is due from you. Hence you are required to deposit the said amount in the..............District/Taluk Office Treasury and forward a copy of the Challan to this Office within 15 days from (date)..............Should you fail to do so, the lands will be disposed of according to law.

Assistant Consolidation Officer.

APPENDIX 8E Form of Notice

FORM 8C(1)

[See Rule 17]

Form of Notice (Original)

Place:. :. :. Taluk: :. :. :. District:

:.Notification No..............dated............confirming the scheme of the Consolidation of Holdings published on page No. . . ..........Part.........of the Karnataka Gazette, dated ....

:.The Scheme of Consolidation of holdings under Section 16 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1969, has been published on (date).........in the Village and the Taluk Office.

No............. :. :. :. :. :. :. dated.........

To..

Sri

...................

:.Whereas, in accordance with the scheme for the Consolidation of Holdings, the lands shown under Khata No..........of......... Village.........Taluk have been allotted to you, an amount of Rs..........(Rs..........only) as compensation is due to you. Hence you are required to draw the said amount from........... . District/Taluk Office Treasury before (date)...........should you fail to do so, the said amount will be sent to you by money order at your own cost.

Assistant Consolidation Officer.

APPENDIX 8F Form of Notice

FORM 8C(2)

[See Rule 17]

Form of Notice

(Duplicate to the Treasury Officer)

Place: :. :. :. Taluk: :. :. :.District:

:.Notification No..............dated............confirming the scheme of the Consolidation of Holdings published on page No. . . ..........Part.........of the Karnataka Gazette, dated ....

The Scheme of Consolidation of holdings under Section 16 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1969, has been published on (date).........in the Village and the Taluk Office.

No............. :. :. :. :. :. :. dated.........

To

Sri

..

.................

:.Whereas in accordance with the scheme for the Consolidation of Holdings, the lands shown under Khata No..........of....... . . Village.........Taluk have been allotted to you, an amount of Rs..........(Rs..........only) as compensation is due to you. Hence you are required to draw the said amount from........... . District/Taluk Office Treasury before (date)...........should you fail to do so, the said amount will be sent to you by money order at your own cost.

Assistant Consolidation Officer.

APPENDIX 8G Form of Notice

FORM 8C(3)

[See Rule 17]

Form of Notice

(Triplicate to Holder receiving the Compensation amount)

Place: :. :. :. Taluk: :. :. :. District:

Notification No..............dated............confirming the scheme of the Consolidation of Holdings published on page Nos. . . ..........Part.........of the Karnataka Gazette, dated .... The Scheme of Consolidation of holdings under Section 16 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1969, has been published on (date).........in the Village and the Taluk Office.

No............. :. :. :. :. :. :. dated.........

To

Sri................

Whereas, in accordance with the scheme for the Consolidation of Holdings, the lands shown under Khata No..........of....... . . Village.........Taluk.........have been allotted to you, an amount of Rs..........(Rs..........only) as compensation is due to you. Hence you are required to draw the said amount from the.............District/Taluk Office Treasury before (date) .... .......should you fail to do so, the said amount will be sent to you by money order at your own cost.

Assistant Consolidation Officer.

APPENDIX 9 Certificate of transfer granted by the Assistant Consolidation Officer under Section 20(1)

FORM 9

[See Rule 21]

Certificate of transfer granted by the Assistant Consolidation

Officer under Section 20(1)

:.Whereas, under the scheme of consolidation of holdings in village..............Taluk.................District...... ...........which has been confirmed by the Commissioner and in respect of which a Notification staring that the scheme has been confirmed has been published at page.................of Part....... ..........of the Karnataka Government Gazette, dated........ .........day of.................19 .... under the Commissioner's Notification No..................dated the . . ...............day of..................19......as required by sub- section (3) of Section 16 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966 (Karnataka Act 1 of 1967) the holding described in Schedule hereto annexed has been allotted to you.

:.Now this is to certify that the said holding has been transferred to you Sri/Srimathi/Kumari.................resident of village . ................Taluka.................District .... .............in pursuance of the said scheme.

SCHEDULE

Survey No. and the name of the field if any Hissa No. Area Assessment Tenure Encumbrances and restrictions on rights if any (1) (2) (3) (4) (5) (6)

.In the witness whereof the Assistant Consolidation Officer has hereto set his hand and seal of his office this.................day of .................19......

Assistant Consolidation Officer.

APPENDIX 10 Certificate of transfer granted by the Assistant Consolidation Officer under Section 20(1)

FORM 10

[See Rule 21]

Certificate of transfer granted by the Assistant Consolidation

Officer under Section 20(1)

.Whereas, under the scheme for the consolidation of holdings in village .................Taluks.................District . . . ..............which has been confirmed by the Commissioner and in respect of which a notification stating that the scheme has been confirmed has been published at pages.................of Part .................of the Karnataka Government Gazette, dated the.................day of.................19 ... . . under Commissioner's Notification No..................dated the.................day of.................19 ... . . as required by sub- section (3) of Section 16 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966 (Karnataka Act 1 of 1967), the holding described in the Schedule hereto annexed was allotted to Sri/Srimathi/Kumari.................resident of..............Village.................Taluk...... ...........District............;

.And whereas the said Sri/Srimathi/Kumari................. has failed to deposit the compensation recoverable from him/her as required by sub-section (2) of Section 17 of the said Act.

.And whereas the right in the said holding of the said Sri/Srimathi/Kumari.................has been allotted to you under sub-section (6) of Section 17 of the said Act, after recovering the value of the said holding from you;

.Now, therefore, this is to certify that the said holding has been transferred to you Sri/Srimathi/Kumari.................resident of village.................Taluk................. District.................in consideration of the value received.

SCHEDULE

Survey No. and the name of the field if any Hissa No. Area A. G. Assessment Rs. P. Tenure on rights Encumbrances and restrictions if any (1) (2) (3) (4) (5) (6)

In witness whereof the Assistant Consolidation Officer has hereto set his hand and seal of his Office this.................day of . . ...............19.....

Assistant Consolidation Officer.

APPENDIX 11 NOTICE

FORM

FORM 11

[See Rule 26]

NOTICE

.Notice is hereby given for the information of all owners and other persons having interest in land, that in Order No............... . . . dated the.................day of............... . . 19.....to correct clerical/arithmetical mistakes/error(s) which have arisen from accidental slips or error in the scheme for the consolidation of holdings situated in the village of.................Taluk.. ...............District.................has been passed by the Commissioner under Section 28 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966 and has been published at the Chavadi in the said village. Dated the.......... .......day of.................19.....

Consolidation Officer.

APPENDIX 12 NOTICE

FORM 12

[See Rule 27]

NOTICE

Notice is hereby given that the draft of the variation of the scheme for the consolidation of holdings situate in the village of.......... .......in the Taluk.................District......... ........has been prepared under sub-section (1) of Section 29 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966 and published on the.................day of....... ..........19.....at the Chavadi in the said village.

2. Any person who is likely to be affected by the said draft variation of the scheme may submit in writing his objections to the Commissioner, on or before the.................day of.............. ... 19 .....

Dated the.................day of................ .19.....

Commissioner.

APPENDIX 13 NOTICE

FORM 13

[See Rule 28]

NOTICE

.Notice is hereby given for the information of all owners, tenants and other persons having interest in land, that the variation of the scheme for the consolidation of holdings, situate in the village of......... ........Taluk.................District............. .... made by the Commissioner under sub-section (3) of Section 29 of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966 has been published at the Chavadi of the said village. Dated the.................day of.................19 ...

Consolidation Officer.

APPENDIX 14 FORM OF APPLICATION

FORM 14

[See Rule 29]

FORM OF APPLICATION

1. Name of the applicant 2. Place of residence 3. Details of the land transferred partitioned or sub-divided Village Extent Taluk S.No 4. Date on which transfer, partitionor sub-division took place 5. Whether transfer is made in favourof a tenant in actual possession ofthe land transferred or of a personin actual possession of contiguous holding 6. Consideration of land transferred,partitioned or sub-divided 7, The amount of penalty credited. Signature of the applicant.

APPENDIX 15 FORM

FORM 15

[See Rule 3-A]

Intimation to Tahsildar as prescribed in clause (b) of Section 5 of Kamataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966.

1. Name with father's name and surname

2. Address: 3. Description of Fragment proposed for sale. (a) S.No. (b) Hissa No. (c) Village (d) Taluk (e) District (f) Extent of Fragment. 4. Names and Address of contiguous owner or owners 5. Details of land contiguous to the fragment proposed for sale. S. Nos. Extent 6. Reasons for not selling the fragment to the contiguous owner or owners. (i) (ii)

.I, solemnly declare that the information furnished above is true to the best of my knowledge and behalf.

Place:

Date: ..... Signature of owner of Fragment,

APPENDIX 16 FORM

FORM 16

[See Rule 3-A]

Affidavit as prescribed in clause (b) of Section 5 of Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966.

I,........................son of............... . aged..................years, residing at No........... . . do hereby solemnly affirm and state on oath that the reasons furnished by me in Column 6 of the intimation date.......... in Form XV prescribed under the Karnataka Prevention of Fragmentation and Consolidation of Holdings Rules, 1969 are true to the best of. my knowledge and behalf.

Signature of the Deponent

Sworn before me

Place:

Date: