COORG LAND GRANT RULES, 1960

 

PREAMBLE

In exercise of the powers conferred by clause (f) of sub-section (1) of Section 143 of the Coorg Land and Revenue Regulation, 1899 (Coorg Act I of 1899), as in force in Coorg District, the Government of Karnataka, hereby makes the following rules under the said Regulation, the draft of the said rules having been previously published in Notification No. RD 49 LAD 60, dated 14th July, 1960 in the Karnataka Gazette, as required under Section 144 of the said Regulation.

Rule - 1. Title and commencement.

(1)     These rules may be called the Coorg Land Grant Rules, 1960.

(2)     They shall come into force on the date of their first publication in the Karnataka Gazette.

Rule - 2. Application and repeal.

These rules shall be applicable in respect of disposal under Section 42 of the Regulation, of unoccupied land which is the property of Government, and the provisions of any other rules already issued under the Regulation for the disposal of such land, shall insofar as they relate to matters covered by these rules, be deemed to have been repealed:

Provided that such repeal shall not.

(a)      revive anything not in force or existing at the time at which the repeal takes effect; or

(b)      affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or

(c)      affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or

(d)      affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or

(e)      affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if these rules had not been made.

Rule - 3. Definitions.

(1)     In this chapter, unless the context otherwise requires.

(a)      "Displaced holder" means a person deprived of agricultural land owned by him having been acquired for a public purpose or for a company or for a Local Authority under the Land Acquisition Act;

(b)      "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;

(c)      "Ex-Servicemen" means persons who have been prematurely retired from the former Indian Army or from the Armed Forces of the Union;

(d)      "Political Sufferer" means any person who had gone to jail or suffered substantial loss of property or income in the cause of Indian Independence or as a result of taking part in movements launched or sponsored by the [1][Indian National Congress or under its sanction or has been a member of the ex-Indian National Army (Ex-I.N.A.)] and includes the spouse or child of a deceased political sufferer;

(e)      "Regulation" means the Coorg Land and Revenue Regulation, 1899 (Coorg Act I of 1899);

(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 [2][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 trees as the Government may by order declare to be reserved trees in any area or areas as may be specified in the order.

Rule - 4. Powers of different Revenue Officers in respect of grant of lands.

[3]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 43 of the Regulation.

(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 [4][x x x x x] does not exceed three hundred rupees.

(2)     (i) The Deputy Commissioner may grant land not exceeding five acres of garden land 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 [5][x x x x x] 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 nearby 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.

(3)     No grant of land shall be made by the Deputy Commissioner or other Officer, in any case other than those specified above, except with the previous sanction of the Government.

(4)     In respect of determination of the value of trees and other forest growth for purposes of any of the preceding clauses, 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 and other forest growth.

Rule - 5. Procedure for disposal of lands for cultivation.

(1)     Applications for grant of lands under the control of the Revenue Department shall be made in writing in Form I to the Tahsildar of the taluk in which the land applied for is situated. 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 actually available for grant and is under the control of the Revenue Department.

(3)     If the land applied for is not available, the application shall be rejected and the applicant informed of the fact of the land not being available:

Provided that where the land applied for is Government land but is not tinder the control of the Revenue Department and the Tahsildar is of the opinion that such land should 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 grant.]

(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 Taluk Office in Form II.

Rule - 6. Preparation of list of lands available for disposal.

For determining the lands available for disposal in any village, the Tahsildar shall prepare a list of the lands which have been or have to be assigned for special purposes 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 Gramtanas, provision of sites for school buildings, play grounds and gymnasia, sites for other public buildings like offices of Village Panchayats and Co-operative Societies, and burial and cremation grounds according to the standards laid down by Government. 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.

Rule - 7. Restriction on disposal of land with reserved trees.

No lands with more than twenty-five reserved trees in an acre shall be disposed of for cultivation except under the special orders of Government.

Rule - 8. Ordinary grant of land.

(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 near to the land so held, if such nearby 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 [6][x x x x x], 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.

Rule - 9. 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.

[7][(b) A political sufferer who is a landless or an insufficient holder may be granted free of cost under this rule so much of area as to make up a total holding upto 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 [8][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 upto 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 leased 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 Institution 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, subject to the following conditions.

(i)       the land should be utilised only for the purpose 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.

[9][(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.

(i)       the land should be utilised for the purpose for which it is leased;

(ii)      the land should not be sub-leased or alienated;

(iii)     no act which is destructive or permanently injurious to the land should be done;

(iv)    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 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 member 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 sub-leased 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 9(2) for each individual of the Society.]

Rule - 10. Reservation of lands.

[10](1) Land available for disposal in a village shall be reserved, for grant to different categories of persons eligible for such grant, in accordance with the following provisions.

Provided that where no applications are received from many category of persons mentioned above the rest may get the land in the order of preference:

Provided further that the reservation may be continued in so far as the first category is concerned even though there are no applications from persons mentioned in Category (i) and if an enlisted soldier applies for land, he may be given the first priority.

(2)   Notwithstanding anything contained in the preceding clauses applicants who are displaced holders or displaced tenants who were cultivating personally the land of which they were deprived by the acquisition, may be granted any available land whether reserved under any of the preceding clauses or not in preference to all other applicants.

Rule - 11. Order of priority and extent of land to be granted.

Lands available for disposal in a village after reservation of extents specified in sub-rules (i), (ii) and (iii) of rule may be granted in order of preference as indicated below.

(i)       Poor and landless labourers residing in the village;

(ii)      Ex-Servicemen as per present rules;

(iii)     Poor and landless labourers residing in the immediate neighbourhood;

(iv)    Poor labourers having insufficient holding in the village;

(v)      Poor labourers having insufficient holding in the neighbouring village;

[11][(vi) Toddy tappers and displaced goldsmiths;]

(vii) Dairymen.]

[12][Explanation. For purposes of this rule "displaced goldsmith" means a goldsmith who has lost his job or who has given up his profession consequent on the coming into force of the Gold Control Order, 1963.]

Rule - 12. Grant of lands under the preceding 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 instalments.

(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 market value of the land or where the occupancy price is waived either wholly or partially, 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:

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 the land or for buying cattle or agricultural implements for the cultivation of the land, or alienation of any land in favour of the Indian Coffee Board as security for loans advanced by the Indian Coffee Board under the Coffee Development Plan;

(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.

Rule - 13. Grant of land for cultivation of plantation crops.

(1)     Notwithstanding anything contained in the preceding rules, grant of lands for cultivation of coffee, tea, rubber, cardamom, pepper and cashewnut may be made to any person:

Provided that while making any such grant preference shall be given to poor and landless persons and insufficient holders:

Provided further that grant of lands for coffee cultivation shall be on a lease basis in the first instance subject to confirmation after the grantee obtains, a license from the Indian Coffee Board for planting coffee on the area so leased within a period of five years from the date of such lease.

(2)     (i) Coffee and tea cultivation.

An extent up to fifty acres may be granted to an applicant for coffee or tea 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) Rubber cultivation.

An extent up to twenty-five acres may be granted for cultivation of rubber provided the total holding under plantation crops of such applicant together with the area to be granted does not exceed one hundred acres.

(iii) Cardamom cultivation.

An extent up to twenty-five acres may be granted for cultivation of cardamom.

[13][(iv) Pepper cultivation.

An extent upto twenty- five acres may be granted for cultivation of pepper, provided the total holding under plantation crops does not exceed one hundred acres;

(v) Cashewnut cultivation.

An extent upto twenty-five acres may be granted for cultivation of cashewnut, provided that the total holding under plantation crops does not exceed one hundred acres.]

(3)     Notwithstanding anything contained [14][in Rule 6], the Deputy Commissioner may grant for the cultivation of plantation crops 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)     Occupancy 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 is 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.

Rule - 14. 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 making the grant 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.

Rule - 15. 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.

Rule - 16. 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 classes of cases, it is just and reasonable to relax any of the foregoing provisions of these rules under which land may be granted under 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 classes of cases in accordance with such direction.]