PREAMBLE
Whereas, the draft of the following rules further to amend the Karnataka
Land Grant Rules, 1969, was published as required by sub-section (1) by Section
197 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), in
Notification No. RD 09 LGP 2015, dated 16-4-2015, in Part IV-A of the Karnataka
Gazette, Extraordinary, dated 16-4-2015, inviting objections and suggestions
from all the persons likely to be affected thereby, within thirty days from the
date of its publication in the Official Gazette.
Whereas, the said Gazette was made available to the public on 16-4-2015.
And whereas, no objections and suggestions have been received by the
State Government within the period specified above.
Now, therefore, in exercise of the powers conferred by Section 197 of
the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), the Government
of Karnataka hereby makes the following rules, namely.--
Rule - 1. Title and commencement.--
(1)
These rules
may be called the Karnataka Land Grant (Amendment) Rules, 2015.
(2)
They shall
come into force from the date of their publication in the Official Gazette.
Rule - 2. Amendment of Rule 5.--
In the Karnataka Land Grant Rules, 1969 (hereinafter referred to as the
'said rules'), in Rule 5.--
(1)
In sub-rule
(1), for clauses (i) to (iv) and entries relating thereto, the following shall
be substituted, namely.--
|
"(a)
|
Ex-servicemen
and soldiers
|
10 per
cent
|
|
(b)
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Persons
belonging to Scheduled Castes and Scheduled Tribes
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50 per
cent
|
|
|
(Inclusive
of atrocity affected women and persons - 10% each)
|
|
(c)
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Project
displaced families
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10 per
cent
|
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(d)
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Physically
challenged persons
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10 per
cent
|
|
(e)
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Others
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20 per
cent"
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(2)
Sub-rule (2)
shall be omitted.
Rule - 3. Amendment of Rule 6.--
In Rule 6 of the said rules, for clauses (i) to (iv) and entries
relating thereto, the following shall be substituted, namely.--
"(a) ?Ex-servicemen
and soldiers;
(b) ??Persons
belonging to Scheduled Castes and Scheduled Tribes;
(c) ??Landless
persons residing in the village;
(d) ??Landless
persons residing in other village in the same or adjacent taluk;
(e) ??Others."
Rule - 4. Amendment of Rule 7.--
In Rule 7 of the said rules, in sub-rule (1), in clause (i), for the
words "one hectare of dry and half hectare of wet land", the words
"two hectares of dry land and one hectare of wet land" shall be
substituted.
Rule - 5. Amendment of Rule 12.--
In Rule 12 of the said rules, sub-rule (2), shall be omitted.
Rule - 6. Insertion of new Rule 22-A.--
After Rule 22 of the said rules, the following shall be inserted,
namely.--
"22-A. Payment of Market Value or guidance value for land granted
under Rules 19 to 22.--
(1)
Notwithstanding
anything contained in Rules 19 to 22 and in supersession of the rates fixed on lease
basis under Rules 19 to 22, the Government hereby fix the uniform market value
or guidance value in respect of private bodies or institution to whom grant is
made on lease basis as following namely.--
|
(i) To fix
the Uniform Market Value/Guidance Value while granting/leasing the Government
land as per Rules 19 to 22 of Karnataka Land Grant Rules, 1969.
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Sl. No.
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Purpose
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GRANT
(Private)
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LEASE
(Private)
|
|
|
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SC/ST
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Others
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SC/ST
|
Others
|
|
1.
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Industry
(Small and
Medium and Large Scale)
|
50% of
Guidance Value
|
Market
Value
|
10% of the
Guidance Value
|
10% of the
Market Value
|
|
2.
|
Education
(Primary
to Higher Education including Technical, Medical and also Research
Institutes)
|
50% of
Guidance Value
|
Market
Value
|
10% of the
Guidance Value
|
10% of the
Market Value
|
|
3.
|
Welfare
activities
(Hostel/Hospital/Orphanage/
Old age home etc.)
|
10% of the
Guidance Value
|
25% of the
Market Value
|
5% of the
Guidance Value
|
10% of the
Guidance Value
|
|
4.
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Religious
(Charitable
Trusts)
|
25% of
Guidance Value
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50% of
Guidance Value
|
5% of the Guidance
Value
|
10% of the
Guidance Value
|
|
5.
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Agriculture
|
-
|
-
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20 times
of land revenue per year as rent
|
20 times
of land revenue per year as rent
|
|
6.
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Non-Agriculture
(Excluding
above cited purposes)
|
-
|
-
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2% of
guidance value
|
5% of
guidance value
|
|
7.
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Landlocked
Government Lands
(All
public roads, streets, lanes and paths, bridges, dictches etc. and all other
property belonging to Government as referred in Section 67 of the Karnataka
Land Revenue Act, 1964 as well as those Kharab lands referred in Rule 21(2)(b)
of the Karnataka Land Revenue Rules, 1966)
|
Double the
Guidance Value (GV);
Value to
be fixed in square feet for the land falling within city limits
|
Double the
Market Value (MV);
Value to
be fixed in square feet for the land falling within city limits
|
-
|
-
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(2)
No
Government land shall be granted to any individual or private Institutions
within the urban municipal limits. The same shall be reserved for public
purpose and;
Explanation.--For the purpose of this rule.--
Market value shall be the average of the highest transaction occurred in
the village during the preceding three years; or the cost fixed for the similar
land acquired as per the Right of Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 whichever is higher.
(3)
Method to be
followed while granting or leasing land to Government Departments.--
(i)
For all
Government Department the land shall be granted on free of cost.
(ii)
No
Government land shall be granted without confirming the actual requirement of
the department and fund available with the department to utilise the land for
the purpose which it shall be granted.
(iii)
For the
purpose of Housing Scheme, land can be granted free of cost.--
In respect of the Karnataka Housing Board or any Urban Development Authority
land can be granted free of cost for construction of houses under the
subsidized rental housing scheme or subsidized industrial housing scheme. In
respect of other Institutions like Rajeev Gandhi Housing Corporation, Slum
Clearance Board which could implement the schemes more efficiently and with
cost effectiveness, land can be granted on payment of fifty per cent of the
market value to avoid litigation when compared to voluntary organisations.
(iv) In case of granting land to the Central Government and public
undertakings of Government of India wherever commercial operations are
involved, to charge full market value. However, in the event of such granting
of land is in the interest of State and wherever the State has direct benefit,
the land shall be granted free of cost".