KARNATAKA ACT NO. 02 OF 2023
(First Published in the Karnataka Gazette Extra-ordinary on the 12th Day of January, 2023)
THE KARNATAKA LAND REVENUE (SECOND AMENDMENT) ACT, 2022
(Received the assent of the Governor on the 11th day of January, 2023)
An Act further to amend the Karnataka Land Revenue Act, 1964.
Whereas it is expedient further to amend the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Seventy third year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Land Revenue (Second Amendment) Act, 2022.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Amendment of section 95.- In the Karnataka Land Revenue Act, 1964, (Karnataka Act 12 of 1964) (hereinafter referred to as the principal Act), in section 95,-
(1) For sub section (2), the following shall be substituted, namely:-
“(2) If any occupant of a land assessed or held for the purpose of agriculture wishes to divert such land or any part thereof to any other purpose, he shall submit an affidavit along with an application to the Deputy Commissioner in the manner as may be prescribed and if the diversion is sought,-
(i) In accordance with the use specified in the Master Plan duly published for the concerned land under the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), then the same shall be deemed to have been diverted subject to payment of prescribed fee under sub-section (7) and the Deputy Commissioner shall issue the order of approval accordingly within seven days from the date of receipt of the application:
Provided that, in case the Deputy Commissioner fails to give his decision and issue the order under this sub-section within fifteen days from the date of receipt of the application, the approval for diversion for use shall be deemed to have been granted by the Deputy Commissioner and the same shall be certified and issued, after payment of fee prescribed under sub-section (7), in the manner as may be prescribed.
(ii) In case the Master Plan has not been published or the land is falling outside the local planning area, then the concerned authorities shall furnish their opinion within fifteen days from the date of receipt of the application. The Deputy Commissioner shall issue the approval for diversion for use as per the application, subject to the opinion furnished by the concerned authorities and subject to payment of the fee prescribed under sub-section (7):
Provided that, in case no opinion is furnished within the said period of fifteen days, it shall be deemed that the concerned authorities have no objection to the said diversion of land for use as per the application.
Provided further that, in case the Deputy Commissioner fails to give his decision and issue the order under this sub-section within thirty days from the date of receipt of the application, the approval for diversion for use shall be deemed to have been granted by the Deputy Commissioner and the same shall certified and issued in the manner as may be prescribed subject to payment of fee prescribed under sub-section (7).
(iii) If any diversion is obtained with a false or wrong declaration or affidavit under this section, in addition to the criminal liabilities, the same shall be null and void upon order in this regard by the Deputy Commissioner. The conversion fee, if remitted, shall stand forfeited to the Government. The land whose diversion for non-agriculture use was obtained by a false affidavit, the Deputy Commissioner may also issue an order for forfeiture of the said land to the Government.
(iv) In case a part of the survey number is sought to be diverted for non-agriculture use then prior pre-conversion sketch, approved by the Survey Settlement and Land Records Department, identifying the metes and bounds for the part sought to be converted, shall be mandatorily filed along with application for diversion:
Provided that, in case the Survey Settlement and Land Records department fails to approve or reject the pre-conversion sketch within fifteen days from the date of receipt of application for the sketch of the applicant, it shall be deemed to be approved as prepared by the applicant and the approval shall be issued in the manner as may be prescribed.
(v) In case the applicant in his declaration or affidavit stated that the land sought to be diverted to non-agriculture use is a granted land then the Deputy Commissioner shall reject the application if the diversion contravenes any provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 or the Karnataka Land Grants Rules, 1969 or any other terms and conditions of the grants issued by the Government from time to time.
(vi) No order of diversion under this section shall by itself lead to increase in the guidance value of the diverted land as notified by the Department of Stamp and Registration unless the land is put to actual non-agricultural use as under provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963):
Provided that, in Dakshina Kannada District, subject to any law for the time being in force regarding erection of buildings or the construction of wells or tanks, an occupant of dry (punja) land, wet land or garden land who is not,-
(a) a person registered or liable to be registered as an occupant of such land under section 48A of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962); or
(b) a grantee of such land under section 77 of the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962), may without obtaining the permission required under this sub-section and notwithstanding anything contained therein, divert such land or part thereof to any other purpose after sending a prior notice to the Tahasildar in such form as may be prescribed and subject to payment of fee prescribed under sub-section (7).”
(2) sub-sections (3), (4), (5) and (6) shall be omitted.
(3) For sub-section (7), the following shall be substituted, namely:-
“(7) When any land assessed or held for the purpose of agriculture is permitted or is deemed to have been permitted under this section, to be used for any purpose other than agriculture, the Deputy Commissioner may, subject to such rules as may be made by the State Government in this behalf, require the payment of a fee as notified from time to time. No assessment shall be leviable on such land thereafter except under sub-section (2) of section 83.”
3. Amendment of section 96.- In the Principal Act, in section 96,-
(i) in sub-section (1),-
(a) after the words “or used for any other purpose without the permission of the Deputy Commissioner” the words, figures and brackets“or in violation of any provisions of sub-section (2) of section 95 or based on false or wrong affidavit or declaration,” shall be inserted; and
(b) for the words “one thousand rupees” the words “one lakh rupees” shall be substituted.
(ii) in sub-section (2),-
(a) for the words “one thousand rupees” the words “one lakh rupees” shall be substituted; and
(b) for the words “twenty-five rupees” the words “two thousand five hundred rupees” shall be substituted.
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