In exercise
of the powers conferred by Section 172 of the Hyderabad Land Revenue Act, 1317
Fasli (Hyderabad Act VIII of 1317 Fasli), as in force in the Hyderabad Area,
the Government of Karnataka hereby makes the following rules, namely. (1)
These rules
may be called the Hyderabad Land Revenue (Grant of Land) (Karnataka) Rules,
1960. (2)
They shall
come into force on the date of their publication in the Karnataka Gazette. In these
rules 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 Hyderabad State
Forces or 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 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; (e)
"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 four acres of dry land. (f)
"Insufficient
holder" means a person who is not a sufficient holder; (g)
"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 one self 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. (h)
"Reserved
trees" means sandal, teak and such other species of trees as the
Government may by order declare to be reserved in any area or areas as may be
specified in the order. 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 57 of the Hyderabad Land Revenue Act, 1317
Fasli. (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 taluk or any Assistant Commissioner
appointed by Government to a district, to whom the duties and powers of the
Deputy Commissioner as regards grant of unoccupied 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 or 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. (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 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 District Forest Officer shall be
deemed to be the value of the trees. (1)
Applications
for grant of lands under the control of the Revenue Department shall be made to
the Tahsildar of the taluk 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 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 is 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
Taluk Office in Form 1. For
determining the lands available for disposal in any village, the Tahsildars
shall prepare a list of the lands which have been or have to be assigned for
special purposes under Section 25 of the Hyderabad Land Revenue Act, 1317
Fasli, 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, play grounds and gymnasia, sites for
other public buildings like offices 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. 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. (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 or free of cost to poor and
landless persons or insufficient holders who are eligible for the grant under
sub-rule (1). 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-rule
(1) and (2) the Deputy Commissioner, or other Officer authorised by him in this
behalf, may sell such land by public auction. (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 an insufficient holder may be granted
free of cost under this rule 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 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 four 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 leased by Deputy Commissioners to
schools, colleges, training institutions for social welfare workers and
student's 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 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 the land in excess of the aforesaid extent may be leased with the previous
sanction of Government. [1][(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)
Land under
the control of the Revenue Department may be leased by Deputy Commissioner to
Farming Societies registered under the Karnataka Co-operative Societies Act,
1959, for such period not exceeding thirty years (as the authority) 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 sub-leased for alienation; (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 10(2) for each individual of the Society.] [2](1) Lands 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. (i) Ex-Servicemen
and families of soldiers participating in the Indo-China Border conflict 20% (ii) Scheduled
Castes and Scheduled Tribes 50% (iii) Political
sufferers 10% (iv) Others in
the order of preference as mentioned in Rule 10 20% Provided
that where no applications are received from any category and persons mentioned
above the rest may get the land in the order of preference: Provided
further that the reservation may be continued in an far as the first category
is concerned even though there are no applications from persons mentioned in
Category (i) and if so 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. Lands
available for disposal in a village after reservation of extents specified in sub-rule (i), (ii) and (iii) of Rule 9 may be granted in
order of preference as indicated below. (i)
Poor and
landless labourers residing in villages; (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; [3][(vi) Toddy tappers and displaced goldsmiths;] (vii) Dairymen.] [4][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.] 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 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 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 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. 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. Notwithstanding
anything contained in the preceding rules, 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 Hyderabad Land Revenue (Grant of land)
(Karnataka) 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. 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. 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, 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. The
Hyderabad Laoni Rules, 1950, are hereby repealed: Provided
that the provisions of Section 6 of the Karnataka General Clauses Act, 1899
(Karnataka Act III of 1899), shall be applicable as if the said rules 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.HYDERABAD LAND
REVENUE (GRANT OF LAND) (KARNATAKA) RULES, 1960
PREAMBLE