BOMBAY LAND REVENUE (KARNATAKA AMENDMENT)
RULES, 1960
PREAMBLE
In
exercise of the powers conferred by sub-sections (1) and (2) of Section 214 of
the Bombay Land Revenue Code, 1879 (Bombay Act V of 1879), as in force in the
Bombay Area, the Government of Karnataka, hereby makes the following amendments
to the Bombay Land Revenue Rules, 1921, the draft of the said amendments having
been previously published as required by sub-section (3) of the said section in
Notification No. RD 6 LAD 60, dated 6th October, 1960, in Section 2-C of Part
IV of the Karnataka Gazette, dated the 13th October, 1960.
Rule - 1. Title and commencement.
(1)
These rules may be called the Bombay
Land Revenue (Karnataka Amendment) Rules, 1960.
(2)
They shall come into force on the date
of their publication in the Karnataka Gazette.
Rule - 2. Substitution of new rules for Rule 37.
For
Rule 37 of the Bombay Land Revenue Rules, 1921 (hereinafter referred to as the
principal rules), the following rules shall be substituted, namely.
"37. Definitions.
In
this Chapter unless the context otherwise requires.
(a)
"Code" means the Bombay Land
Revenue Code, 1879;
(b)
"Displaced holder" means a
person deprived of agricultural land owned and personally cultivated by him
having been acquired for a public purpose or for a company or for a Local
Authority under the Land Acquisition Act;
(c)
"Displaced tenant" means a
person deprived of agricultural land of which he was a tenant and which land he
was cultivating personally such land having been acquired for any public purpose
or for a company or for a Local Authority under the Land Acquisition Act;
(d)
"Ex-servicemen" means
persons who have been retired from the former Indian Army or from the Armed
Forces of the Union;
(e)
"Political Sufferer" means
any person who had gone to jail or suffered substantial loss of property or
income in the cause of Indian Independence as a result of taking part in
movements launched or sponsored by the Indian National Congress, and includes
the spouse or child of a deceased Political Sufferer;
(f)
"Sufficient holder" means a
person who owns not less than two acres of garden land, or two acres of wet
land having assured irrigation facilities from tanks or channels or four acres
of other kinds of wet land, or ten acres of dry land.
Explanation. If a person owns more than one class of land, the extent of
land owned by him for purposes of this clause shall be determined by converting
the extent of different classes of land into the equivalent extent of dry land
as follows.
One
acre of garden land or one acre of wet land having assured irrigation
facilities from tanks or channels shall be deemed to be equivalent to two acres
of other kinds of wet land or to [five
acres of dry land.]
(g)
"Insufficient holder" means
a person who is not a sufficient holder;
(h)
"To cultivate personally"
means to cultivate land on one's own account.
(i)
by one's own labour; or
(ii)
by the labour of any member of one's
family; or
(iii)
by hired labour or by servants on
wages payable in cash or kind but not in crop share under the personal supervision
of oneself or any member of one's family.
Explanation. In the case of a joint Hindu family, the land shall be
deemed to be cultivated personally, if it is cultivated by any member of such
family.
(i)
"Reserved trees" means
Sandal, Teak and such other classes of species as the Government may by order
declare to be reserved in any area or areas as may be specified in the order.
37-A. Powers of different Revenue Officers in respect of
grant of lands.
The
powers of the different Revenue Officers as regards the grant of land under
these rules shall be as follows and any grant made in contravention of these
provisions shall be void, and any person occupying any land under such a grant
shall be dealt with under Section 61 of the Code.
(1)
The Tahsildar to whom the power of the
Deputy Commissioner in this behalf has been delegated may grant not exceeding
two acres of rain-fed wet land or four acres of dry land, provided the market
value of such land including the value of trees thereon does not exceed three
hundred rupees.
(2)
The Assistant Commissioner in charge
of a taluka or any Assistant Commissioner appointed by Government to a
district, to whom the duties and powers of a Deputy Commissioner, as regards
grant of un-occupied lands are assigned may grant land not exceeding two acres
of land fit for garden cultivation or wet land with assured irrigation
facilities from tanks or channels or four acres of other kinds of wet land or
eight acres of dry land provided the market value of such land including the
value of trees thereon does not exceed one thousand rupees.
(3)
(i) The Deputy Commissioner may grant
land not exceeding five acres of land fit for garden cultivation or wet land
with assured irrigation facilities from tanks or channels or ten acres of other
kinds of wet land or ten acres of dry land provided the market value of such
land including the value of trees thereon does not exceed two thousand rupees;
where the market value of such land including the value of trees thereon
exceeds two thousand rupees but does not exceed five thousand rupees, the
Deputy Commissioner may grant the land with the previous sanction of the
Divisional Commissioner.
(ii)
Where the grant is made to a displaced holder or a displaced tenant, the Deputy
Commissioner, may grant the land up to ten acres of garden land or wet land
with assured irrigation facilities from tanks or channels or twenty acres of
any other kind of wet land or forty acres of dry land, irrespective of the
value of the land;
(iii)
The Deputy Commissioner may grant land required for the better enjoyment of the
land held nearby to the land so held, up to twenty guntas of garden land or wet
land with assured irrigation facilities from tanks or channels or one acre of
other kinds of wet land or two acres of dry land, provided the market value of
such land does not exceed one thousand and five hundred rupees. The Deputy
Commissioner may, with the previous sanction of the Divisional Commissioner,
also grant land required for better enjoyment of the land held nearly up to one
acre of wet land or two acres of dry land provided the market value of such
land does not exceed three thousand rupees.
(4)
No grant of land shall be made by the
Deputy Commissioner or other Officer, in any case other than those specified
above, or in excess of the extent prescribed above except with the previous
sanction of the Government.
(5)
In respect of determination of the
value of trees for purposes of any of the preceding sub-rules, where the
estimated value exceeds one thousand rupees, the valuation shall be got
confirmed by the District Forest Officer and where there is a difference of
opinion as regards the value between the Revenue Officer and the District
Forest Officer, the valuation made by the District Forest Officer shall be
deemed to be the value of the trees.
37-B. Procedure for disposal of lands for cultivation.
(1)
Applications for grant of lands under
the control of the Revenue Department shall be made to the Tahsildar of the
taluka in which the land applied for is situated. It shall be in writing and shall
contain the following particulars.
(i)
the name and address of the applicant;
(ii)
the extent of land if any already
owned or held by him or his family if he is a member of a joint family;
(iii)
the particulars of the land applied
for;
(iv)
whether he belongs to a Scheduled
Caste or a Scheduled Tribe or is a Political Sufferer or displaced holder or
tenant, Applications
presented to other authorities shall be forwarded by them to the Tahsildar.
(2)
The Tahsildar shall immediately on
receipt of an application ascertain if the land in question is available for
grant and is under the control of the Revenue Department.
(3)
If the land applied for is not
available for disposal the application shall be rejected under intimation to
the applicant, provided that where the land applied for is Government land but
is not under the control of the Revenue Department, and the Tahsildar if of the
opinion that such land could be released for cultivation, he shall make a
report to the Deputy Commissioner who shall if necessary take appropriate
action to get such land released for disposal.
(4)
All applications for grant of land
under these rules shall be registered in the order in which they are received
in a register which shall be maintained in the Taluka Office in Form F-1.
37-C. Preparation of list of lands available for disposal.
For
determining the lands available or disposal in any village, the Tahsildar shall
prepare a list of the lands which have been or have to be assigned for special
purposes under Section 38 of the Code, such as for free pasturage for village
cattle, for forest reserve or for any other public purpose including cattle
sheds and stands, sites for stacking hay and other agricultural produce, manure
pits, extension of Gramatanas, provision of sites for school buildings, playgrounds
and gymnasia, sites for other public buildings like office of Village
Panchayats and Co-operative Societies, and burial and cremation grounds. Only
unoccupied lands fit for cultivation remaining after reserving sufficient
extent for the aforesaid special purposes, shall be included in the list of
lands available for disposal.
37-D. Restriction on disposal of land with reserved trees.
No
land with more than twenty-five reserved trees in an acre shall be disposed of
for cultivation except under the special orders of Government.
37-E. Ordinary grants of lands.
(1)
Lands under the control of the Revenue
Department may be granted to an individual who.
(i)
is poor; and
(ii)
has attained majority; and
(iii)
is either a bona fide agriculturist
cultivating land personally or bona fide intends to cultivate the land
personally.
(2)
Notwithstanding anything contained in
sub-rule (1), any individual holding land may be granted for an upset price,
land adjacent to the land so held, if such adjacent land is, in the opinion of
the authority granting the land, required for the better enjoyment or better
cultivation of the land, so held.
(3)
In respect of land granted under this
rule.
(i)
the occupancy price payable for dry
land and rain-fed wet land shall ordinarily be not less than ten and not more
than twenty times the assessment of the said land;
(ii)
the occupancy price payable for wet
land with assured irrigation facilities from tanks or channels shall be at such
rates as may be fixed by Government from time to time;
(iii)
the occupancy price for garden land
shall be the market value of such land;
(iv)
the occupancy price of any other land
shall ordinarily be not less than six times and not more than twenty times the
assessment of the said land.
(4)
As a rule land shall be granted on
payment of occupancy price. In special cases where the land is very valuable or
where there is no demand for the land from persons eligible for the grant under
sub-rules (1) and (2), the Deputy Commissioner, or other Officer authorised by
him in this behalf, may sell such land by public auction.
37-F. Grant of lands to certain categories of persons and
institutions.
(1)
(a) Lands under the control of the
Revenue Department may be granted to a political sufferer who.
(i)
is poor; and
(ii)
has attained majority; and
(iii)
is either a bona fide agriculturist
cultivating land personally or bona fide intends to cultivate the land
personally.
[(b) A Political Sufferer who is a landless person or an
insufficient holder may be granted free of cost under this rule so much of area
as to make up a total holding up to two acres of wet land with assured
irrigation facilities from tanks or channels or four acres of other kinds of
wet land or ten acres of dry land.]
(2)
The following provisions shall be
applicable to the grant of lands to displaced holders and displaced tenants.
(a)
The extent of land granted shall not
exceed the extent of land of which the displaced holder or displaced tenant was
deprived due to the acquisition.
Explanation. For purposes of this sub-rule one acre of garden land shall
be deemed to be equivalent to one acre of wet land having assured irrigation
facilities from tanks or channels or two acres of other kinds of wet land
or [five
acres of dry land.]
(b)
(i) Where the extent of agricultural
land of which the displaced holder or displaced tenant was deprived by the
acquisition was equal to or less than five acres of rain-fed wet land, an equal
extent of wet land with assured irrigation facilities from tanks or channels
may be granted. Where such extent exceeds five acres, five acres plus half the
area in excess of five acres, may be granted in terms of wet land with assured
irrigation facilities from tanks or channels;
(ii)
Where the agricultural land of which the displaced holder or displaced tenant
was deprived by the acquisition was arecanut garden land, an equal extent of wet land with assured
irrigation facilities under tanks or channels or twice the extent of other
kinds of wet land may be granted;
(iii)
Where the agricultural land of which the displaced holder or displaced tenant
was deprived by the acquisition was dry land, an equal extent of dry land or
one-fourth of that extent of wet land with assured irrigation facilities from
tanks or channels or one-half of that extent of other kinds of wet land may be
granted;
(iv)
Where the land of which the displaced holder or displaced tenant was deprived
by the acquisition was wet land other than wet land with assured irrigation
facilities from tanks or channels, an equal extent of the same category of land
may be granted.
(c)
The extent of land, if any, to be
granted to the displaced holder or displaced tenant shall be such that the
total land held by him, whether as owner or tenant or partly as owner or partly
as tenant, after such grant shall not exceed twenty-five acres of garden land
or wet land with assured irrigation facilities from tanks or channels or forty
acres of other kinds of wet land or seventy-five acres of dry land;
(d)
The grant in favour of the displaced
holder or displaced tenant shall not except with the previous sanction of the
Government, exceed ten acres of garden land or wet land with assured irrigation
facilities from tanks or channels or twenty acres of other kinds of wet land or
forty acres of dry land;
(e)
A displaced tenant may be granted land
free of cost up to two acres of wet land with assured irrigation facilities
from tanks or channels or four acres of other kinds of wet land or ten acres of
dry land, subject to the condition that he shall pay the betterment
contribution, if any, in respect of that land and also the value of the trees
standing on the land.
(3)
Educational Institutions.
(a)
Lands under the control of the Revenue
Department may be issued by Deputy Commissioner to schools, colleges, training
institutions for Social Welfare Workers and students' hostels (other than Government
schools, colleges and hostels) recognised by the Director of Public Instruction
or the University, as the case may be, for cultivation by the students of the
schools or colleges or by the inmates of the training institutions for social
welfare workers or the hostels, as the case may be, for such period not
exceeding thirty years as the authority competent to lease the land deems fit,
on an annual rent equal to the land revenue payable in respect of the land, and
subject to the following conditions.
(i)
the land should be utilised only for
the purposes for which it is leased;
(ii)
the proceeds derived from the land
should be utilised only for the benefit of the institution;
(iii)
the land leased under this sub-rule
should not be sub-leased;
(iv)
no act which is destructive or
permanently injurious to the land should be done;
(v)
the lease may be terminated for
contravening any of the aforesaid conditions, or for non-payment of the rent of
the land for any year, or when recognition to the educational institution by the
Director of Public Instruction or by the University, as the case may be, is
withdrawn or by six months notice.
(b)
In determining the extent of land to
be leased under clause (a), the Revenue Officer concerned shall have due regard
to the availability of the land in the locality and the number of students or
inmates in the Institution concerned and the total extent of land which may be
leased shall not exceed ten acres of wet land or twenty-five acres of dry or
rain-fed wet land:
Provided
that land in excess of the aforesaid extent may be leased with the previous
sanction of Government.
(4) Village Panchayats.
(a)
Lands under the control of the Revenue
Department may be leased by Deputy Commissioner to Village Panchayats for
raising vegetable gardens and fruit trees, for such period not exceeding thirty
years as he deems fit, on an annual rent equal to the land revenue payable in
respect of the land and subject to the following conditions.
(1)
the land should be utilised for the
purpose for which it is leased;
(2)
the land should not be subleased or
alienated;
(3)
no act which is destructive or
permanently injurious to the land should be done;
(4)
the lease may be terminated for
contravening any of the aforesaid conditions or for non-payment of the rent of
the land leased for any year.
(b)
In determining the extent of the land
to be leased under clause (a), the Deputy Commissioner shall have due regard to
the availability of the land in the locality and the requirements of the
panchayat concerned, and the total extent of land which may be leased shall not
exceed ten acres of wet land or twenty-five acres of dry land.
(5) Farming Co-operative Societies.
(a)
Lands under the control of the Revenue
Department may be leased by Deputy Commissioner to Farming Societies registered
or deemed to be registered under the Karnataka Co-operative Societies Act,
1959, for such period not exceeding thirty years as he deems fit, on an annual
rent equal to the land revenue payable in respect of the land and subject to
the following conditions.
(i)
the land should be cultivated
personally by the members of the Society;
(ii)
no act which is destructive or
permanently injurious to the land should be made;
(iii)
the lease shall be terminated in case
the registration of the Society is cancelled;
(iv)
the land should not be subleased or
alienated;
(v)
the lease may be terminated for
contravening all or any of the aforesaid conditions or for non-payment of rent
of the land for any year.
(b)
In determining the extent of land to
be leased under clause (a), the Deputy Commissioner shall decide the total
extent to be granted at the rates specified in Rule 37-H(2) for each individual
of the Society.]
37-G. Reservation of lands.
Lands
available for disposal in a village shall be reserved, for grant to the
different categories of persons eligible for such grant, in accordance with the
following provisions.
(a)
Where the area of land available for
disposal in any village is less than ten acres, the entire available extent
shall be reserved for grant to applicants belonging to the Scheduled Castes and
Scheduled Tribes who are ordinarily resident in the village;
(b)
Where the land available for disposal
in a village is more than ten acres, fifty per cent of the land so available,
subject to a minimum of ten acres, shall be reserved for grant to applicants
belonging to the Scheduled Castes and Scheduled Tribes ordinarily resident in
the village, and the balance of the area may be disposed of to others
ordinarily resident in the village in the order of priority specified in Rule
37-H;
(c)
Where there are no applicants
belonging to the Scheduled Castes or Scheduled Tribes ordinarily resident in a
village or where any land reserved for them under clause (a) or (b) is
available after being granted to applicants belonging to such castes and
tribes, the land reserved for them or the excess land reserved for them, as the
case may be, may be granted to other eligible persons ordinarily resident in
the village in the order of priority specified in Rule 37-H;
(d)
Where after meeting the requirements
of applicants ordinarily resident in the village under clause (c), any land
reserved under clause (a) or (b) is still available for disposal, such land may
be granted to applicants belonging to the Scheduled Castes and Scheduled Tribes
ordinarily resident in neighbouring or nearby villages;
(e)
Applicants belonging to Scheduled
Castes and Scheduled Tribes may be granted lands over and above the fifty per
cent of the available land referred to in clause (b) if lands are available and
there are no other applicants;
(f)
Where the extent of land available for
disposal in a village is more than ten acres, twenty per cent of the available
land shall be reserved for grant to political sufferers, subject to the minimum
of ten acres being reserved for grant to applicants belonging to Scheduled
Castes and Scheduled Tribes:
Provided
that where there is no demand from the political sufferers for the land so
reserved, it may be granted to others in the order of priority specified in
Rule 37(H);
(g)
Notwithstanding anything contained in
the preceding clauses applicants who are displaced holders of displaced tenants
may be granted any available land whether reserved under any of the preceding
clauses or not in preference to all other applicants including applicants
belonging to Scheduled Castes, Scheduled Tribes and applicants who are
Political Sufferers.
37-H. Order of priority and extent of land to be granted.
(1)
The lands available for disposal in a
village, after reservation of the extents specified in Rule 37-G for grant to
members of the Scheduled Castes and Scheduled Tribes and Political Sufferers,
may be granted in the order of preference as indicated below.
(i) x x x x x;
(ii) x x x x x;]
(i) Educational
Institutions;
(ii) Poor and
landless persons ordinarily resident in the village;
(iii) Ex-servicemen;
(iv) Insufficient
holders ordinarily resident in the village;
(v) Poor and
landless persons ordinarily residing in neighbouring or nearby villages;
(vi) Insufficient
holders ordinarily residing in neighbouring or nearby villages.]
(2)
Subject to provisions of the preceding
rules, every applicant [x
x x x x], may be granted two acres of garden land or wet land with assured
irrigation facilities from tanks or channels or four acres of other kinds of wet land or ten acres of dry land. Land in excess
of the aforesaid extent may be granted, if more land is available.
37-I. Condition subject to which lands may be granted.
The
grant of land under these rules shall be subject to the following conditions.
(1)
In the case of grant of lands to
applicants belonging to the Scheduled Castes and Scheduled Tribes, and to other
applicants, who are unable to pay the occupancy price on account of poverty,
the occupancy price may be waived up to rupees two hundred and the balance
recovered in three annual installments.
(2)
In the case of grant of land to
applicants who are ex-servicemen, the occupancy price shall be waived up to the
extent awarded by Government under the Military Concession Rules.
(3)
In the case of grant of land free of
occupancy price, the grant shall be subject to the condition that the grantee
shall pay contribution or betterment levy in respect of the land and the value
of trees standing on the land.
(4)
Where the grant is made free of cost,
or is made at a price which is less than the full market value, the grant shall
be subject to the condition that the land shall not be alienated for a period
of fifteen years from the date of the grantee taking possession of the land
after the grant:
Provided
that such land may be alienated with the previous sanction of the Government
and subject to such conditions as the Government may specify, if the Government
is of the opinion that in the circumstances of any case it is just and
reasonable to permit such alienation either for purposes of acquiring some
other land or for any other purpose:
Provided
further that nothing in this clause shall apply to:
(a)
the alienation of any land in favour
of the State Government or Co-operative Society as security for loans obtained
for improvement of land or for buying cattle or agricultural implements for the
cultivation of the land;
(b)
the leasing of any land by a person
who is a widow, a minor or who is subject to physical or mental disability or
who is a serving member of the armed forces.
(5)
the grantee shall cultivate the land personally;
(6)
the land shall be brought under
cultivation within two years from the date of the grantee taking possession of
the land;
(7)
the grant is liable to be terminated
and the land resumed if any of the aforesaid conditions is not fulfilled, and
on such resumption the land shall vest in Government free from all
encumbrances:
Provided
that no land shall be resumed under this clause except after giving an
opportunity to the grantee or his successor in interest to show-cause why the
grant should not be terminated and the land resumed.
37-J. Grant of land for cultivation of plantation crops.
(1)
Notwithstanding anything contained in
the preceding rules of this chapter grant of lands for cultivation of cardamom,
pepper and cashew nut may be made to any person:
Provided
that while making any such grant preference shall be given to applicants
belonging to Scheduled Castes and Tribes and to other poor and landless persons
and insufficient holders.
(2)
(i) Cardamom cultivation.
An
extent up to fifty acres may be granted to an applicant for cardamom
cultivation provided the total holding under plantation crops of such applicant
together with the area to be granted does not exceed one hundred acres;
(ii) Pepper cultivation.
An
extent up to twenty-five acres may be granted for cultivation of pepper,
provided the total holding under plantation crops does not exceed one hundred
acres;
(iii) Cashew nut cultivation.
An
extent up to twenty-five acres may be granted for cultivation of Cashew nut
provided the total holding under plantation drops does not exceed one hundred
acres.]
(3)
(i) Notwithstanding anything contained
in Rule 37-A, the Assistant Commissioner may grant land fit for the cultivation
of plantation crops mentioned above an area not exceeding five acres provided
the market value of such land including the value of trees thereon does not
exceed one thousand rupees;
(ii)
Notwithstanding anything contained in Rule 37-A, the Deputy Commissioner may
grant land fit for the cultivation of plantation crops mentioned above an area
not exceeding twenty-five acres provided the market value of such land
including the value of trees thereon does not exceed two thousand rupees; where
the market value of such land including the value of trees thereon exceeds two
thousand rupees but does not exceed five thousand rupees, the Deputy
Commissioner may grant such land with the previous sanction of the Divisional
Commissioner:
Provided
that where the extent of land to be granted exceeds twenty-five acres in extent
or the value of such land including the value of the trees thereon exceeds
rupees five thousand, previous sanction of Government shall be obtained.
(4)
Occupation Price.
The
occupancy price payable in respect of grant of land under this rule shall be
the market value of such land.
(5)
Conditions of grant.
(i)
The land granted shall not be
alienated for a period of fifteen years from the date of the grantee taking
possession of the land:
Provided
that such land may be alienated with the previous sanction of the Government
and subject to such conditions as the Government may specify, if the Government
is of the opinion that in the circumstances of any case, it is just and
reasonable to permit such alienation either for purposes of acquiring some
other land or for any other purpose;
(ii)
the area granted shall be brought
under cultivation within five years from the date of the grantee taking
possession of the land;
(iii)
the grant is liable to be terminated
and the land resumed if the land is appropriated for a purpose other than that
for which the land is granted, or if any of the aforesaid conditions are not
fulfilled:
Provided
that no land shall be resumed under this clause except after giving an
opportunity to the grantee or his successor in interest to show-cause why the
grant should not be terminated and the land resumed.
37-K. Cancellation of grant.
Any
grant of land made under these rules shall be liable to be cancelled and the
land resumed to Government by the authority which granted it where the grant
has been obtained by making false or fraudulent representations:
Provided
that no such cancellation shall be made except after giving an opportunity to
the grantee to show-cause why the grant should not be cancelled.
37-L. Grant of land to persons to whom lands have been
leased rules orarily.
Notwithstanding
anything contained in the preceding rules whom of this chapter, in the case of
agricultural land leased by Competent Authority to any person for purposes of
cultivation at any time before the commencement of the Bombay Land Revenue
(Karnataka Amendment) Rules, 1960, if such land is available for disposal and
if the conditions of the lease have been complied with, the land may be granted
to the lessee.
37-M. Grant of land discretionary.
Nothing
contained in these rules shall be deemed to confer on any person any right to
the grant of any land, and the authority competent to make or sanction the
grant may pass orders as it deems fit taking all the relevant circumstances
into consideration.
37-N. Powers of Government.
Notwithstanding
anything contained in the preceding rules the Government may suo motu or on the
recommendation of the Divisional Commissioner or the Deputy Commissioner if it
is of the opinion that in the circumstances of any case or class of cases it is
just and reasonable to relax any of the foregoing provisions of these rules, it
may by order direct such relaxation subject to such conditions as may be
specified in the order and thereupon land may be granted in such a case or
class of cases in accordance with such direction.
37-O. Grant of land subject to the ceiling area fixed under
the Bombay Tenancy and Agricultural Lands Act, 1948.
The
extent of land to be granted under these rules to any person shall be such that
the total extent of land held by such person whether as owner or tenant, or
partly as owner and partly as tenant, after such grant, shall not exceed the
ceiling area fixed under the Bombay Tenancy and Agricultural Lands Act, 1948
(Bombay Act LXVIII of 1948)."
Rule - 3. Amendment of Rule 38.
In
Rule 38 of the principal rules, for the word and figures "Rule 37",
the words, figures and letters "Rules 37 to 37-0" shall be
substituted.
Rule - 4. Omission of Rules 54-A and 54-B.
Rules
54-A and 54-B of the principal rules shall be omitted.
Rule - 5. Substitution of new Form for Form F-1.
For
Form F-1 of the principal rules, the appended Form F-1 shall be substituted.
Rule - 6. Omission of Form 1(1).
Form
1(1) of the principal rules shall be omitted.
"FORM F-1
[See Rule 37-B]
Register
of applications for the Occupation of Lands in the Taluka
of..........of.........District
|
Sl. No. Year
|
Date of receipt of darkhast
|
Name of applicant and his residence
|
Whether application was presented through Revenue Inspector or direct
|
Particulars of land applied for
|
|
Village
|
Survey No.
|
Descript ion
|
Extent
|
Assessment
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(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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(7)
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(8)
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(9)
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Date of transmission to Revenue Inspector or Village Officer for report
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Date of receipt of report
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Estimated value and other particulars of malki
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Whether land has been ordered to be disposed of by public auction, free
or for upset price
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Date of sale
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Sale proceeds
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(10)
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(11)
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(12)
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(13)
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(14)
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(15)
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Date of receipt of sale records
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Date of passing final orders and nature of such orders
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Date of issue of Saguvali Chit
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Date of delivery thereof to the grantee
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Duration, i.e., interval between Column 2 and Column 18
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Remarks
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(16)
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(17)
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(18)
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(19)
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(20)
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(21)
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N.B.
(1)
The same form of Register may be
adopted for land in each of the several classes of land darkhast, but there
should be a separate Register for each class.
(2)
Fresh Registers should be opened at
the beginning of every year, pending cases or balance being carried forward
from the old to the new Register. The file Register Number of the cases should
not, however, on this account be changed.
(3)
When pakka phod of a part survey
number is complete and the same is brought on to the akarband, an entry to that
effect should be made in red ink in the remarks column of the Darkhast Register
at the same time that the particular entry in the supplemental Khetwar patrika
is struck off.
Rule - 7. Savings.
Notwithstanding
anything contained in the preceding rules, in respect of the substitution of
new Rules 37 to 37-0 by Rule 2 of these rules and the omission of Rules 37,
54-A and 54-B by Rule 4 of these rules the provisions of Section 6 of the
Karnataka General Clauses Act, 1899, shall be applicable as if the said rules
54-A and 54-B were an enactment and had been repealed by a Karnataka Act, and
accordingly the said rules shall for the purposes mentioned in Section 6 of the
said Act be deemed to continue in force.