THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 2016
KARNATAKA ACT NO. 43 OF 2017
(First Published in the Karnataka Gazette Extra-ordinary on the 28th day of October, 2017)
(Received the assent of President on the 20th day of October, 2017)
An Act further to amend t he Karnataka Land Reforms Act, 1961.
Whereas it is expedient further to amend the Karnataka Land Reforms
Act, 1961 (Karnataka Act 10 of 1962) for the purposes h ereinafter appearing.
Be it enacted by the Karn ataka State Legislature in the sixty-seventh
year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the K
arnataka Land Reforms (Amendment) Act, 2016.
(2) It shall come into for ce on such date as the State Governme nt may
by notification
appoint.
2. Insertion of new section 38A.- In the Karnataka Land Reforms Act,
1961 (Karnataka Act 10 of 1962), after section 38, he following shall be
inserted, namely:-
"38A. Grant of certificate of ownership to an agricultural labourer.-
(1) Notwithstanding anything contained in this Act or any other law for the
time being in force, where in any village, agricultural labourer is ordinarily
residing on dwelling house on a land not belonging to him in an unrecorded
habitations like Lambani Tanda, Gollarahatti, Vaddarahatti, Kurubarhatti,
Nayakarahatti, Majare Grama, Haadi, Doddi, Palya, Camp, Colony or any
other such unrecorded habitations falling within the jursidiction of that
village, on the date of commencement of the Karnataka Land Reforms (Ame
ndment) Act, 2016, which is notified as such by the Deputy Commissioner,
specifying the su rvey numbers and boundaries in the pre scribed manner,
such dwelling house or houses along w ith the site thereof and land
immediately a ppurtenant thereto and necessary for its enjoyment shall, on
the date of such notification by the Dep uty Commissioner, vest absolutely in
the State Government, free from all encumbrances and the agricultural
labourer shall be entitled to be registered as own er thereof.
Explanation.- For the purpose of this section an agricultural labourer
residing in a dwelling house which is a portion of the house of the owner or
which is a temporary residence on such land shall not be regarded as ordinary
residing therein.
(2) Every agricultural labourer entitled to be registered as a owner under
sub-section (1) may make an application to the Assistant Commissioner or any
other officer authorized by the State Government, in the prescribed manner on
or before completion of one year from the date of notification by the Deputy
Commissioner under sub-section (1) and the Assistant Commissioner or the
officer authorized, shall after such enquiry as may be prescribed, by order,
determine the person entitled to be registered as owner and the dwelling house
and land in respect of which he is entitled to be so registered and such other
matters as may be prescribed and forward a copy of the Order to the
Tahasildar.
(3) The Tahasildar shall, on receipt of the order passed under subsection(
2) determine in the manner specified in sub-sections (1) and (2) of
section 47, the amount of the land owner shall be entitled to, for the
extinguishment of his rights in such land on payment of the amount
determined, to the Government, by the agricultural labourer, the Tahasildar
shall issue a notification to this effect and also issue a certificate to such
labourer specifying the extent and such other particulars as may be prescribed
relating to such dwelling house and land and that he shall be registered as
owner thereof. A copy of the certificate shall be forwarded by the Tahasildar to
the sub-registrar who shall, notwithstanding anything contained in the
Registration Act, 1908 (Central Act 16 of 1908) register the same. The owner of
the land shall be paid the amount remitted by the agricultural labourer in cash
in a lump sum.
(4) The provisions of sub-sections (2) and (3) of section 38 shall, so as
may be, apply and the reference to "Tribunal" shall be construed as being
reference to Assistant commissioner or officer authorized.
(5) The provisions of section 61 shall apply to a dwelling house or site
granted under this section to an agricultural labourer as they apply to a land
in respect of which a tenant has been registered as an occupant."
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