KARNATAKA LAND GRANT RULES, 1969
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, the draft of the
same having been published as required by sub-section (1) of Section 197 of the
said Act, in the Karnataka Gazette, dated 12th June, 1969 as GSR 204, dated 3rd
June, 1969.
Rule - 1. Title and commencement :-
(1) These
rules may be called the Karnataka Land Grant Rules, 1969.
(2) They shall
come into force at once.
Rule - 2. Definitions :-
In these rules, unless the context
otherwise require.
(1) "Act"
means the Karnataka Land Revenue Act, 1964;
(2) "Agriculture"
means.
(a) Horticulture;
(b) the
raising of crops, grass or garden produce;
(c) [dairy
farming, poultry farming, the use by an agriculturist of land held by him or a
part thereof for the grazing of cattle, but does not include allied pursuits
like breeding of live-stock, grazing (other than pasturage of ones own
agricultural cattle) and such other pursuits as may be prescribed or the
cutting of wood only.
(d) [aboriculture.]
(3) "Displaced
holder" means a person who has been deprived of an agricultural land owned
by him by acquisition of such land under the Land Acquisition Act;
(4) "Displaced
tenant" means a person who has been deprived of agricultural land of which
he was a tenant, on account of acquisition of such land under the Land
Acquisition Act;
(5) "Ex-serviceman"
means a person who has been permanently returned from the former Karnataka State
Forces, the former Hyderabad State Forces or the former Indian Army or from the
Armed Force of the Union;
(6) "Family"
in relation to a person means such person, and if married, the wife or husband
as the case may be, and the dependant children and grand children of such
person;
(7) "Form"
means a form appended to these rules;
(8) "Insufficient
holder" means a person who is not a sufficient holder;
(9) "Plantation
Crops" means Cardamom, Coffee, Pepper, Rubber and Tea;
(10) "Political
Sufferer" means any person who on account of participation in the national
movement.
(a) had been
sentenced to imprisonment for not less than six months; or
(b) had been
kept in detention (including detention as under trial prisoner) for not less
than six months; or
(c) lost his
job or means of livelihood or the whole or substantial part of his property.
(11) "Reserved
trees" means Teak or Saguvani (technona grandis), black wood or Bite
(Dalberigta Latifolia). Myrobolam or gallanut or Atale (Terminalinehebulal),
yhile Cedar or Davangere (Dysoxtlum Malabaricum), Jalari (Shorea Lacorfera),
Benteak or Nandi (Lewrstcoemia Lancellatta), Satin wood or Huragalu (Cloresylon
Swietenia), Soapnut or Antawala (Saiondus Emerginatus), Karachi Kamara
(Hardwhickia bintal), oil tree or Yenne mara (Hdrawickia Pinnata), Hebbhalasu
(Artocarpus Hirsula), Ebony or Karimara or Bate (Disopyrose benum), Iron wood
or Jombee (Xylia Xylocarpa), Poon-par, or Sarahonne (Calaphullumelatum),
Chittagong wood (Chickrassia tabularis), Kiralbogi (Hopea Parviflora), Kachu or
Kaggali (Acecia catechu), Bore (Ziypus Jujubal Sagade) (Scheleichere trijuga),
Yethega (Venteak), (Aridina cordifolia), Tamarindus (Indica), Karimatti
(Termina liattomntosall), Mavu (Mangitera indica), Kasarka (Stricanos nuxvomica),
Alasu (Artacorpus integrifolio), Bili hatti (Terminalla arjana), Chop
(Atlanthus Malberica), Sandal Tree (Santalum album), and such other trees as
the State Government may, by notification, declare to be reserved trees for
purposes of Karnataka Forest Act, 1963 (Karnataka Act 5 of 1964).
(12) "Section"
means a section of the Act.
(13) "Soldier"
means a person in the service of the Armed Forces of the Union and includes in
the case of a soldier who has died while [in
service], the father, the mother, the spouse, the child and grand-child who
were dependent upon such soldier at the time of his death:
Provided that if a question arises
whether any person is soldier or whether any soldier died while [in
service], such question shall be decided by the State Government and its
decision shall be final.
(14) "To
cultivate personally" and "Land possessing facilities for assured
irrigation" shall have the same meaning as assigned to them in the
Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962);
(15) "Sufficient
holder" means a person who owns not less than four hectares of garden or
wet land possessing facilities for assured irrigation or 8 hectares of dry or
rainfed wet land.
Explanation. If a person owns more
than one class of land, the extent owned by him for purposes of this clause
shall be determined by converting the extent of different classes of lands into
the equivalent extent of lands as follows: One hectare of garden land or one
hectare of wet land possessing facilities for assured irrigation shall be deemed
to be equivalent to two hectares of rainfed wet land or dry land.
(16) Words and
expressions used in these rules, but not defined shall have the meaning
assigned to them in the Karnataka Land Revenue Act, 1964 and rules thereunder.
Rule - 3. Preparation and publication of list of lands available for disposal :-
(1) For
determining the lands available for disposal in any village the Tahsildar of
the taluk shall prepare a list of lands which have been or have to be assigned
for special purposes under [Section
71 of the Act and the lands which have been classified as belonging to
Categories C and D by the Department of Agriculture] and the lands which have
been classified as belonging to categories C and D by the Department of
Agriculture. [Unoccupied
lands other than lands classified as belonging to Categories C and D by the
Department of Agriculture] other than lands classified as belonging to
categories C and D by the Department of Agriculture fit for cultivation
remaining after reserving sufficient extent for the aforesaid special purposes,
shall be included in the list of lands available for disposal.
(2) Such lists
in so far as they relate to all the villages in a taluk shall be notified in
the Taluk Office and so far as they relate to each village shall be notified in
the Chavadi of the Village and the Office of the [Grama
Panchayat]. The list relating to each village shall be available for inspection
with the concerned Village Accountant.
(3) Every list
shall be prepared, revised and brought up-to-date each year and notified not
later than the 1st day of July of that year.
Rule - 4. Persons eligible for grant of land for agricultural purposes :-
(1) Lands
available for disposal may be granted for agricultural purposes under these
rules to a person.
(i) who has
attained the age of eighteen; and
(ii) [whose
gross annual income does not exceed rupees eight thousand; and]
(iii) who is
either a bona fide agriculturist cultivating the land personally or has bona
fide intention to take up personal cultivation; and
(iv) who is not
a sufficient holder:
[Provided
that in the case of Ex- servicemen and Soldiers, lands may be granted, if the
gross annual income of the applicant [exceed
rupees eight thousand but less than [rupees
twenty thousand:]]
Provided further that the extent of
land granted to any person shall not together with the land already held by
such person exceed the limits prescribed for a sufficient holder in Rule
2(15).]
(2) Notwithstanding
anything contained in sub-rule (1) any person may be granted the land adjacent
or close to the land already held by him on collection of market value as on
the date of grant to be determined by the authority granting the land, if such
land is, in the opinion of such authority required for better enjoyment or
better cultivation of the land so held:
Provided that no such grant shall be
made of an extent exceeding in the case of wet or garden land half hectare and
in the case of dry land one hectare and that the total extent of land held
after such grant does not exceed the ceiling area according to the Karnataka
Land Reforms Act, 1961.
Rule - 5. Reservations :-
(1) The land
available for disposal in any village shall be granted observing the
reservations indicated below.
(i) Ex-servicemen
and Soldiers-10 per cent
(ii) Persons
belonging to Scheduled Castes and Scheduled Tribes-50 per cent
(ii-a)
Backward Tribes-5 per cent
(iii) Political
sufferers-10 per cent
(iv) Others-225
per cent
(2) Where the
extent reserved under (ii) and (iii) is in excess of the extent that can be
granted to the persons belonging to those categories, the excess land shall
with the approval of the Deputy Commissioner be disposed of among persons in
category (iv).
[Explanation.
"Backward Tribes" means the Backward Tribes, as mentioned in the list
appended to the Government Order No. SWL 12 TBS 77, dated 22nd February, 1977.]
(3) Notwithstanding
anything in sub-rule (1), where the land available for disposal in village is
less than four hectares, the whole of such land shall be disposed of to persons
belonging to the Scheduled Castes and Scheduled Tribes who are ordinarily
residents of such village or who reside in the neighbouring village and where
no persons belonging to Scheduled Castes and Tribes apply, it shall be disposed
of to others.
Rule - 5A. Lands disposed of to Scheduled Castes and Scheduled Tribes in a Taluk to be not less than fifty per cent :-
Where, in any taluk, the total extent
of lands disposed of from the date of commencement of these rules till the date
of commencement of the Karnataka Land Grant (Amendment) Rules, 1979, to persons
belonging to Scheduled Castes and Scheduled Tribes is less than fifty per cent
of the lands which were available for disposal in the taluk during that period
then until such disposal reaches such percentage for the taluk, the percentage
of reservation of lands in each village in the taluk shall be [five
per cent for the purpose of item (i) of sub-rule (1) of Rule 5 in respect of
ex-servicemen and soldiers, seventy-five per cent for the purpose of item (ii)
of the said sub-rule in respect of persons belonging to Schedule Castes and
Scheduled Tribes, five per cent for the purpose of item (iii) of the said
sub-rule in respect of political sufferers and ten per cent for the purpose of
item (iv) of the said sub-rule in respect of others.
Rule - 6. Order of Priority :-
In disposing of land among persons
belonging to Category (iv) of sub-rule (1) of Rule 5, the following order of
priority shall be observed.
(i) landless
persons residing in the village;
(ii) insufficient
holders residing in the village;
(iii) landless
persons residing in other villages in the same or adjacent taluk;
(iv) others:
Provided that when Government directs
under Section 71 of the Act that in any particular area Government land shall
be reserved for grant to displaced persons and tenants affected by any
Government [x
x x x x] Project, provisions of Rules 5 and 6 will not apply.
Rule - 7. Powers of Revenue Officers to grant lands :-
(1) The
following Revenue Officers shall be competent to grant land for agricultural
purposes other than cultivation of plantation crops to the extent noted against
each.
(i) Tahsildar
in charge of a Taluk. Up to two hectares of dry land or one hectare of wet land
or garden land;
(ii) Assistant
Commissioner in-charge of the Revenue Sub- Division or any Assistant
Commissioner in a District to whom the powers of the Deputy Commissioner to
grant lands are delegated.
(iii) Deputy
Commissioner of a District. Not exceeding six hectares of dry land or three
hectares of wet or garden land;
(iv) Divisional
Commissioner. Exceeding six hectares of dry land or three hectares of wet or
garden land but not exceeding ten hectares of dry land or five hectares of wet
or garden land;
(v) In any other
case in excess of the extent specified in sub-clause (iv), the proposals shall
be submitted to Government for sanction.
(1A) Notwithstanding anything
contained in sub-rule (1), where Special Assistant Commissioners for grant of
land under these rules are appointed, the Revenue Officers specified in items
(i) and (ii) of sub- rule (1) shall not be competent to grant land and the said
Special Assistant Commissioners shall, within their jurisdiction, be competent
to grant land for the purpose specified in sub-rule (1) upto four hectares of
dry land or two hectares of wet or garden land.
(2) For the
purpose of cultivation of plantation crops, the Deputy Commissioner of a
district may grant lands upto an extent of 10 hectares and the Divisional
Commissioner may grant lands upto an extent of fifteen hectares. In all other
cases the proposals have to be submitted to Government for sanction.
(3) For
non-agricultural purposes other than building sites the following Revenue
Officers may subject to the provisions of Rule 10(3) grant lands to the extent
noted against each on collection of market value which should include
conversion fine also to be determined by them.
(i) Deputy
Commissioner. Up to an extent of four hectares;
(ii) Divisional
Commissioner. Exceeding four hectares but not exceeding 8 hectares;
(iii) In any
other case in excess of the extent specified in sub-clause (ii) the proposals
shall be submitted to Government for sanction.
Rule - 8. Procedure for grant of lands for agricultural purposes :-
(1) Any person
who under these rules is eligible for grant of lands for agricultural purposes
shall make an application in writing to the Tahsildar of the taluk in Form 1
giving the following particulars.
(i) name, age
and address of [the
applicant and his wife];
(ii) the extent
and particulars of the land asked for namely, survey number, village, taluk,
sub-division in which the land is situated;
(iii) the extent
and details of the land if any already owned or held by him or by any member of
his family;
(iv) whether he
belongs to the scheduled caste or the Scheduled Tribe or is a displaced person,
displaced holder, displaced tenant, an ex-serviceman, soldier or political
sufferer;
(v) whether he
or any member of his family had previously applied for land, if so, the particulars
of the endorsement received thereon;
(vi) the
particulars of any land previously granted to him or any member of his family.
(2) Immediately
on receipt of such application, the Tahsildar shall cause the particulars of
the application to be entered in a register which shall be in Form 11 kept in
his office.
(3) The
Tahsildar shall after the last day of September of each year scrutinise the
applications received and classify them according to the priorities specified
in Rule 6. Applications received after 30th November, 1969 (for the year 1969)
and after 30th September (subsequent years) shall be scrutinised and classified
by the Tahsildar once a month.
(4) Thereafter,
the Tahsildar shall make such enquiry as he thinks fit and if satisfied that
the applicant is eligible under these rules for the grant of land applied for
he may, subject to the provisions of Rules [5,6,
7 and 24] pass an order granting the land:
[Provided
that such an order may be passed in the joint name of the applicant and his
wife, where the Tahsildar is satisfied that the wife is living with the
applicant and she fulfills the requirement as to eligibility and other
conditions referred to under these rules for the grant of land.]
(5) Where the
land applied for is not available for grant or the Tahsildar is satisfied that
the applicant is not eligible for grant, he may reject the application and
inform the applicant accordingly.
(6) [Where the
Tahsildar is not competent to grant land under these rules or where the extent
of land applied for is more than the extent of land which he is competent to
grant] he shall submit the application to the Officer who is competent under
these rules to grant such extent of land along with the report in the matter
and such competent officer may pass orders granting the land.
(7) The
Tahsildar shall record a certificate whenever the grant of land is taken up to
the effect that the reservations specified in Rule 5 have been observed.
Rule - 9. Conditions of grant :-
(1) The grant
of lands under these rules [for
agricultural purposes] shall be subject to the following conditions namely.
(i) the
grantee shall not alienate the land for a period of fifteen years from the date
of taking possession: Provided that he may, after a period of five years, with
the previous permission of, and subject to [the
provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibhition
of Transfer of Certain Lands) Act, 1978 (Karnataka Act 2 of 1979), and] such
conditions as may be specified by the Deputy Commissioner, alienate the whole
or any portion of such land. But however, the Deputy Commissioner shall not
grant such permission unless he is satisfied that the alienation is for the
purpose of acquiring other land or for improving the remaining land and the
grantee credits to Government an amount equal to fifty per cent of the market
value of such land as on the date of sanction of such alienation as determined
by the Deputy Commissioner:
Provided that no person who has
obtained permission to alienate land under the rule shall, notwithstanding the
provisions of Rule 4 be eligible for grant of any Government Land.
(ii) the land
granted shall be brought under cultivation within three years from the date of
taking possession:
Provided that the Deputy Commissioner,
may, if he is satisfied that the grantee could not do so for bona fide reasons
extend the aforesaid period upto 5 years;
(iii) the
grantee shall cultivate the land personally;
(iiia)
where the land is granted for coffee cultivation the grantee shall apply within
the period specified in Section 14 of the Coffee Act, 1942 (Central Act 7 of
1945) to the Registering Officer appointed under the said section to be
registered as an owner of such land;
(iv) the land
shall not be appropriated for any purpose other than that for which it was
granted, except with the prior approval of the Granting Authority who may grant
such permission subject to such conditions as he may consider proper and
subject to payment of additional upset price as he may consider fit provided
the conversion is for a non-agricultural purpose and the price is within the
maximum specified in Rule 12;
(iva) the
grantee shall within a period of one year from the date of his taking
possession of the granted land plant and maintain not less than one tree per
every 10 (ten) acres of land or ten trees per hectare of land, at his cost. In
case the tree/trees planted were to die or get damaged due to causes beyond his
control, he shall replant in its place another tree/trees and rear them;]
(v) for
contravention of any of the above conditions the grant shall be liable to be
cancelled and resumed to Government free from all encumbrances by the authority
granting the land:
Provided that before cancelling the
grant, the grantee is afforded with an opportunity of being heard. Provided
further that where the grant has been cancelled for non-payment of upset price,
the Deputy Commissioner may restore the grant on payment of upset price with a
penalty of 10 per cent of the upset price, within a period of 2 years after the
grant if the land in question has not been disposed of otherwise.
(2) The
following shall not be regarded as alienation for purposes of sub-rule (1).
(a) mortgage
of the land in favour of State Government or a Co-operative Society or the
Indian Coffee Board or a Scheduled Bank [or
the Agricultural Refinancing Corporation or the Karnataka State Agro Industries
Corporation] for loans obtained for improvement of such land or for buying
cattle or agricultural implements for the cultivation of such land; and
(b) leasing of
the land in accordance with the provisions of the Karnataka Land Reforms Act.
1961,
(3) The grant
of lands other than building sites under these rules, for non-agricultural
purposes shall be subject to the following conditions, namely.
(i) the land
shall be utilised for the purpose for which it was granted within two years
from the date of taking possession:
Provided that the authority granting
the land may, if satisfied, that the grantee could not for bona fide reasons
utilise the land within the said period, by order, in writing, extend the time
for a further period not exceeding two years;
(ii) the land
shall not be appropriated for any purpose other than that for which it was
granted except with the prior approval of the Granting Authority who may grant
such permission subject to such conditions as he may consider proper and fit;
(iii) for
contravention of any of the above conditions, the grant shall be liable to be
cancelled and resumed by the Granting Authority, free from all encumbrances and
without payment of any compensation.
Rule - 10. Restriction on disposal of land in certain cases :-
(1) No land
with more than fifty reserved trees in a hectare shall be disposed of for
cultivation except under the orders of the Deputy Commissioner.
(2) [No land.
(i) within the
municipal limits of the City of Bangalore and in any village situated within a
radius of sixteen kilometres from the municipal limits of the City of
Bangalore:
[Provided
that the Deputy Commissioner may, if satisfied that any such land is not required
for a public purpose grant such land for agricultural purposes;] or
(ii) within the
municipal limits of cities of Mysore, Davangere, Mangalore, Hubli-Dharwar, [Belgaum],
Kolar Gold Fields area and Bagalkote Town in any village situated within a
radius of seven kilometres from the municipal limits of the said places; or
(iii) within the
municipal limits of District Headquarters and towns of Gadag-Betegeri and
Dandeli and in any village situated within a radius of five kilometres from the
municipal or town limits of the said places; or
(iv) within the
municipal limits of Taluk Headquarters and towns connected by railway and in
any village situated within a radius of three kilometres from the municipal or
town limits of the said places; or
(v) within the
limits of other municipalities, other Taluk Headquarters and Town Panchayats
and in any village situated within a radius of one and a half kilometre from
the said places, shall be granted under these rules for the purpose of
agriculture.
Explanation. For the purpose of this sub-rule,
if the headquarters, gramathana or chavadi of a village is within the radius
specified in this sub-rule, the whole of such village shall be deemed to be
within the radius specified in this sub-rule;
(vi) One mile
from the municipal limits of other Taluk Headquarters, towns and other
Municipal and Panchayat town; shall be granted under these rules for the
purpose of agriculture:]
(3) Notwithstanding
anything contained in Rules 7(3) and 18, lands within the radius specified in
sub-rule (2) shall not be granted for non-agricultural purposes without the
previous approval of the State Government:
[Provided
that such approval shall not be necessary for grant of building sites within
the radius specified in clauses (iii), (iv) and (v) of sub-rule (2) excluding the
municipal limits of District Headquarters:]
[Provided
that such approval shall not be necessary for grant of building sites within
the radius specified in clauses (iii), (iv) and (v) of sub-rule (2) excluding
the Municipal limits of District Head Quarters.]
Rule - 11. Disposal of tree growth on lands granted :-
(1) The value
of all trees standing on the land granted under these rules shall be assessed
by the authorities of the Forest Department.
(2) [Where the
value of trees so assessed is not more than rupees twenty-five thousand in case
of lands granted for the cultivation of planation crops and is not more than
rupees five thousand in case of other lands, the grantee should be given the
option of paying that estimated price within a time to be stipulated by the
granting authority and the trees sold to him. If he once agrees to pay the
value of trees the default should occasion cancellation. If the grantee is not
willing to pay the value of trees assessed by the Forest Department, the trees
shall be disposed so by the authorities of the Forest Department by
tender-cum-auction sale.
(3) Where the
value of trees so assessed is more than Rupees Twenty-five thousand in case of
land granted for the cultivation of Planation Crops and is more than Rupees
Five thousand in case of other Lands the Trees shall be removed by the
authorities of the Forests Department within One Year from the date of the
grant of land:
Provided that the Divisional
Commissioner may, on the recommendation of the Divisional Forest Officer having
jurisdiction over the area in which such land is situate, extend the period by
one more year, and, in exceptional circumstances, by such further period as to
coincide with the end of one more working season.
(4) If within
the aforesaid period, such trees are not so removed, the trees may be sold to
the grantee of the land on payment of the value of such trees as assessed by
the authorities of the Forest Department with reference to the prevailing
market rate.
(4A) Subject to the provisions of
sub-rule (4) in cases where trees standing on the land granted are required by
these rules, to be removed by the authorities of the Forest Department,
possession of the land shall not be given until such trees are removed by the
authorities of the Forest Department:]
(5) Where the
grantee desires that any fruit yielding trees like Mavu, Halsu, Nerale, Hunse,
Neli, Seethaphal, Cashew and any manural trees like Honge, Seemethangadi,
Basavanapada and Glyricidia standing on such land be granted to him, such trees
shall not be extracted or disposed of by the authorities of the Forest
Department, if the grantee pays the value of such tree or trees assessed by the
authorities of the Forest Department.
Rule - 12. Price payable for the land granted under these rules :-
(1) In respect
of lands granted under these rules for purpose of agriculture.
(i) the price
payable for dry land and rainfed wet land shall be, not less than fifty times
and not more than two hundred times the land revenue payable on such land;
(ii) the price
payable for garden lands or wet lands with assured irrigation facilities from
tanks or channels shall ordinarily be not less than rupees five hundred and not
more man two thousand five hundred rupees per hectare.
(2) Notwithstanding
anything contained in sub-rule (1), where the land is very valuable, the Deputy
Commissioner or the other Officer authorised by him in this behalf may sell
such land by public auction.
(3) The price
payable in respect of lands granted for cultivation of plantation crops shall
be the market value of such land to be determined by the Deputy Commissioner
subject to a minimum of one thousand two hundred and fifty rupees per hectare:
Provided that where the market value
is lower than the minimum prescribed in Rules 1(1) and (3), it shall be
competent to the granting authority to grant the land on collection of market
value: y
[Provided
further that in respect of lands granted [for
coffee, tea, cardamom or rubber cultivation] to persons belonging to Scheduled
Castes and Scheduled Tribes, who are members of a Co-operative Society which
grants loan to its members, for cultivation of plantation crops, the price
payable for such land shall be recovered at the time the lands are confirmed in
their favour:]
[Provided
further that where a person who owns [coffee,
tea, cardamom or rubber lands] not exceeding ten acres in extent or a person
who does not own any lands applies for lands [for
growing coffee, tea, cardamom or rubber] he may be granted lands upto five
acres or an
[(3-A) In
respect of the lands granted for cultivation of plantation crops, if the Deputy
Commissioner is satisfied that the grantee is unable to pay in a lumpsum the
price of the lands granted, he may, for reasons to be recorded in writing,
permit the grantee to pay the value of such land in three equal annual
instalments. The first instalment shall be recovered before the grantee is
given possession of the land.]
[(3-B)
Notwithstanding anything contained in sub-rule (3) of this rule, the price
payable in respect of lands granted for coffee cultivation to the persons
belonging to the Scheduled Castes and Scheduled Tribes shall be Rs. 250/-
(rupees two hundred and fifty only) per hectare.]
(4) The
authority granting the land may waive upto seventy-five per cent the upset price
subject to a maximum of rupees five hundred payable under sub-rule (1) in
respect of lands granted to persons belonging to the Scheduled Castes and
Scheduled Tribes and to persons who are unable to pay the price on account of
poverty, and direct that the balance be recovered in three annual instalments.
But the Deputy Commissioner may waive the entire price payable if the amount
does not exceed rupees five hundred:
[Provided
that the authority granting the land shall waive in full the upset price under
sub-rule (1) in respect of.
(i) dry lands
granted to persons belonging to Scheduled Castes and Scheduled Tribes and
Backward Classes; and
(ii) wet lands
granted to persons belonging to the Scheduled Castes and Scheduled Tribes.
Explanation. In this proviso Backward
classes are those mentioned as Backward Classes in the order made by the State
Government from time to time under clause (4) of Article 15 of the
Constitution.]
(5) [Notwithstanding
anything contained in sub-rule (1) of this rule, no price shall be payable in
respect of lands granted to [Ex-servicemen,
soldiers and political sufferers] upto 3.2 hectares of dry land or 1.6 hectares
of garden land or wet land with assured irrigation facilities from tanks or
channels.]
Rule - 13. Land not already assessed to be assessed before it is disposed of :-
(1) [Where any
land to be disposed of under these rules has not been assessed, it shall be
assessed in accordance with the provisions applicable to assessment of land.
The land should be surveyed and demarcated and boundaries fixed before possession
is given to the grantee, [x
x x x x.]
(2) [A fee of
Rs. 25 shall be recovered from the grantees towards charges incurred for survey
and demarcation:
Provided that in the case of persons
belonging to Scheduled Castes, Scheduled Tribes and Weaker Sections, no fee
shall be recovered towards charges incurred for survey and demarcation.]
Rule - 14. Grant of salt-marsh lands for reclamation :-
Salt land or land occasionally
overflowed by salt water which is not required or likely to be required for
salt manufacture, be leased for purpose of reclamation by the Deputy
Commissioner, on the following terms.
(a) free of
rent for the first ten years;
(b) on payment
of rent at the rate of two rupees per hectare for the next twenty years on the
total area so leased whether reclaimed or not;
(c) after the
expiry of thirty years, the lease may be continued in the case of reclaimed
lands at the rate at which they would be assessed to land revenue from time to
time if they were subject to survey settlement; and in the case of un-reclaimed
lands, if any, at the average rate for reclaimed lands;
(d) no rent
shall be levied for any portion used for the public roads;
(e) if the
reclamation is not carried on with due diligence within two years from the date
of lease or if half the area is not reclaimed so as to be in a state fit for
use for agricultural purpose at the end of ten years, or any land once
reclaimed as aforesaid is not maintained in a state fit for use for
agricultural purposes the lease shall be liable to cancellation at the
discretion of the Deputy Commissioner:
Provided that the lessee shall have,
during the first ten years, the right to relinquish any area which he cannot
reclaim;
(f) If the
land reclaimed is used for any non-agricultural purpose, the rent shall be
liable to be revised in accordance with these rules even though the periods
specified above have not expired.
Rule - 15. Grant of lands near Coast :-
(1) No lands
near the sea coast within [five
hundred metres] of the high watermark of the sea which is the property of the
State Government shall be granted except as hereinafter specified.
(2) The Deputy
Commissioner shall permit casurina, palm trees and coconut plantations to be
raised in lands [one
hundred metres] above the high watermark of the localities which are not less
than 3[half a kilometre] from the nearest villages subject to levy of full
assessment in the area from the year in which licence is issued. The assignment
of such lands shall be made with the previous permission of the Divisional
Commissioner.
(3) The Deputy
Commissioner may also in consultation with the Director of Fisheries and Port
Officers, assign lands near the coast for the erection of fish oil and fish
guano factories or on lease renewable annually to fishermen for erecting
temporary dwelling. No grant shall be made unless the applicant has previously
obtained a licence from the Competent Authority for the establishment of a
factory on the site.
Rule - 16. Grant of land for cultivation of plantation crops :-
(1) The grant
of land for cultivation of plantation crops may be made to any person subject
to the condition that the total holding under plantation crops of such person
together with the area to be granted shall not exceed fifty hectares:
Provided that.
(i) the extent
of land granted for cardamom, coffee, tea and rubber cultivation shall not in
the first instance exceed ten hectares;
(ii) the extent
of land granled for pepper cultivation shall not in the first instance exceed
five hectares:
Provided further the grant of lands
under this rule is subject to the provisions of Rules 7 and 9.
(2) [ x x x x
x.]
(3) In respect
of lands required for coffee cultivation, the Indian Coffee Board shall be consulted
as to the fitness or otherwise of the lands for cultivation of coffee. If the
Coffee Board is of the opinion that prima facie the land is fit for
cultivation, the competent Officer may dispose of the application on merits. If
the Coffee Board is not of such opinion, the application shall be rejected.
Rule - 17. Grant of land for Cashewnut cultivation :-
An extent of land not exceeding five
hectares may be granted on collection of market value by the authority
competent to grant lands under Rule 7 for cultivation of cashewnut subject to
the condition that the total holding under cashew cultivation of such applicant
does not exceed ten hectares:
Provided that the extent of land
granted shall not together with the land already held by the grantee exceed the
ceiling area specified in the Karnataka Land Reforms Act, 1961.
Rule - 17A. Procedure for grant of land for own agricultural purposes :-
(1) Any person
desiring the grant of land for any non- agricultural purposes shall make an
application to the Tahsildar of the taluk in which the land is situated
furnishing the following particulars.
(i) name, age
(if the applicant is an individual) and address;
(ii) the extent
and particulars of land applied for, namely, survey number, village, taluk and
sub-division in which the land is situated;
(iii) if the
applicant is an individual, whether he or any member of his family had
previously applied for the said land, if so, the particulars of such
application;
(iv) the
particulars of any land previously granted;
(v) if the
applicant is an individual, the particulars of any land previously granted to
any member of his family;
(vi) the
purpose for which the land is required.
(2) On receipt
of such application, the Tahsildar shall cause the particulars of the
application to be entered in a register to be kept for the purpose. The
Tahsildar shall make such enquiry as he thinks fit with a view to satisfy
himself that the applicant has bona fide intention of using the land for the
purpose for which it has been applied for. If the land applied for is available
for grant, the Tahsildar shall submit a report to the Deputy Commissioner along
with the application and the connected records.]
Rule - 18. Grant of building sites :-
(1) The Deputy
Commissioner may grant building sites after reserving 18 per cent of the sites
available for the members of the Scheduled Castes and Scheduled Tribes where
necessary subject to all or any of the following conditions, on payment of such
price as he may fix which shall not except in specially deserving cases be less
than the market value of such site:
Provided that no site shall be granted
to a person who owns a home or a site within the village, town or city concerned
[or
who has been] granted a site by any authority during the last twenty years.
(a) the site
shall not be tenanted for a period of five years from the date on which the
grantee takes possession of the site. If the grantee desires to alienate the
site after five years and within a period of fifteen years, previous sanction
of the Deputy Commissioner shall be obtained. The Deputy Commissioner may
sanction such alienation, after recovery of the amount equal to fifty per cent
of the market value of such site on the date of sanction:
Provided that mortgage of the site in
favour of 2[the State Government or] the Karnataka Housing Board or a House
Building Co-operative Society or a Scheduled Bank or Life Insurance Corporation
of India for obtaining loan for construction of building or improvement of
building shall not be regarded as alteration for the purpose of this rule;
(b) the
grantee shall not use the site for any purpose other than that for which it is
granted;
[(bb) the
grantee shall utilise the site for the purpose for which it was granted within
two years from the date of taking possession:
Provided that the authority granting
the site may, if satisfied, that the grantee not for bona fide reason utilise
the site within the said period, by order, in writing, extend the time for a
further period not exceeding two yeas;]
(c) the
utilisation of the grant shall be subject to any law relating to the Local
Authority having jurisdiction over the area in which the site is situated;
(d) contravention
of any of the aforesaid conditions shall render the building site liable to
resumption at the discretion of the Deputy Commissioner without payment of any
compensation to the grantee.
(2) Where a
building site cannot with advantage be granted as an independent site, the
adjoining holder, if he so desires, may be granted such site at such value as
the Deputy Commissioner may determine.
(3) Notwithstanding
anything contained in these rules, the Deputy Commissioner, may grant sites on
payment of upset price fixed by him for any educational or charitable
institution or to a public authority and free of charge to persons belonging to
[Scheduled
Castes or Scheduled Tribes or to a siteless person of the village whos annual
income including that of his family, does not exceed [rupees
eight thousand and four hundred.]]
(4) When a
building site is reserved for a specific purpose, the Deputy Commissioner may
lease such site temporarily, for a period not exceeding twelve months, subject
to recovery of rent to be fixed by him having regard to the circumstances and
the purpose in each case.
(5) [A
building site to be granted under this rule shall not exceed [five
ares.]]
(6) Notwithstanding
anything stated in this rule or in the Government Notification No. RD 26 GNA
69, dated 21st June, 1969, it shall be competent, for the Tahsildar of a Taluk
to grant building sites not exceeding [two
[Grama
Panchayat] in the taluk and not exceeding [one
are] in Town Panchayat limits, to poor residents without the Panchayat limits
who do not own any house or a building site:
[Provided
that in such areas as the State Government may, by notification specify, the
Officers specified in such notification shall be and the Tahsildar of the
taluks shall not be competent within their respective jurisdiction to grant
building sites to the extent and subject to the conditions specified in this
sub-rule.]
Rule - 18A. Grant of land for House Site Scheme, etc :-
Notwithstanding
anything contained in these rules.
(i) the Deputy
Commissioner may make available the land belonging to the State Government for
the purpose of grant of house sites to siteless persons under any scheme as may
be framed by the Government from time to time;
(ii) committee,
if any, constituted under such scheme shall subject to the general or special
orders of the Government in the concerned Department select the beneficiaries
under the relevant scheme and send the list of selected beneficiaries to the
Tahsildar; and
(iii) the
Tahsildar or any other officer specified by the Government shall on receipt of
such list of selected beneficiaries grant house sites to the beneficiaries and
also issue grant certificate in such manner and subject to such restrictions
and conditions as may be specified by the concerned Department of the
Government from time to time.]
Rule - 19. Lease of lands :-
(1) The Deputy
Commissioner may, subject to availability, lease lands to.
(a) Educational
Institutions;
(b) Co-operative
Farming Societies;
(c) [Grama
Panchayats, Taluk Panchayats and Zilla Panchayats]; and
(d) Any
Company or Association for purposes of agriculture, industry, or any public
utility.
(2) (a) The
extent of land to be leased in favour of the Educational Institutions such as
Schools, Colleges, Training Institutions for social welfare workers and
students (other than the Government Schools, Colleges and Hostels) recognised
by the Director of Public Instruction or any other authority for cultivation by
the students of the institution hectares in each case;
(b) the extent of land that may be
leased in favour of the Co-operative Fanning Societies registered under the
Karnataka Co-operative Societies Act, 1959 (Karnataka Act II of 1959), for
cultivation, shall be determined by the Deputy Commissioner with reference to
the number of members of the Society on the basis of two hectares per each
member of the Society;
(c) the extent of land that may be
leased in favour of a [Grama
Panchayat, Taluk Panchayat or a Zilla Panchayat] raising vegetable gardens and
fruit trees, and Farm Forestry shall not exceed five hectares of wet land or
ten hectares of dry land;
(d) the extent of land that may be
leased to any [x x x x x] Company or Association for non-agricultural purposes,
shall not exceed four hectares;
(d-i) the
extent of land that may be leased to any individual shall not together with any
land already held by him exceed the limits prescribed for a sufficient holder
in Rule 2(15);]
(e) In any other case in excess of the
extent specified above the proposal shall be submitted to the Government for
sanction.
(3) The period
for which lands may be leased under this rule shall not
(a) except
with the previous .sanction of the Slate Government, be more than five years,
in the case of an individual, company or association; and
(b) be less
than ten years and more than thirty years, in other cases:
Provided that the Deputy Commissioner
shall be competent to renew the lease after the expiry of this period for a
further period of five years.
(4) (a) Lease
of lands under sub-rule (1) for agricultural purposes shall be subject to the
following conditions also.
(i) the lease
shall not do anything which is destructive or permanently injurious to the
land;
(ii) the lessee
shall not sub-let or alienate the land;
(iii) the land
shall be cultivated personally or by the members of the respective
institutions, as the case may be;
(iv) the land
shall not be utilised for any purpose other than that for which it is leased;
(v) [the lessee
shall pay annually a rent not exceeding ten times the land revenue plus water
rate, if any, payable in respect of such land subject to the condition that the
water rate to be taken into account while fixing the rent shall not exceed Rs.
16-50 per acre in respect of A class of lands, Rs. 11-00 per acre in respect of
B class of lands and Rs. 5-50 per acre in respect of C class of lands;
Explanation. For purpose of this item,
A class, B class or C class of lands shall have the meaning assigned to them in
Schedule I to the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962);]
(vi) the lease
shall be liable to be terminated when registration of the Institution is
cancelled;
(vii) the lessee
shall at all times allow the Deputy Commissioner or any person authorised by
him to inspect the land to satisfy himself that the conditions of the lease are
not violated;
(viii) if the
land or a portion of the land is required for any public purpose, the authority
sanctioning the lease can resume the land after issue of three months, notice
to the lessee;
(ix) the lease
shall be liable to be terminated for contravening any of the aforesaid
conditions.
(b) In respect of the lands leased for
non-agricultural purpose, the Deputy Commissioner shall fix the rent payable in
respect of such land taking into account the locality, the purpose for which
the land is utilised, etc. He may also impose such conditions as he deems
necessary having regard to the circumstances of each case.
(5) Wherever
any lease is granted under this rule, the lessee shall execute a lease deed in
Form III or IV incorporating all the terms of the lease.
Rule - 19A. Lease of Brackish Water Land for acquaculture or prawn cultivation :-
(1) Subject to
Rule 15 and on the recommendation of the Scrutiny Committee constituted by the
State Government, by notification in respect of such areas as State Government
may deem fit, the State Government may lease Brackish Water Land, declared as
such, by the State Government, for the purposes of acquaculture or prawn
cultivation in favour of Brackish Water Fish Farmers Development Agency, on
payment of lease amount to be determined by Government and on such terms and
conditions as may be specified by the Government.
(2) The
Brackish Water Fish Farmers Development Agency shall sub-lease the said land
among the individuals and Institutions on payment of such lease amount and on
such conditions as specified in Government Order No. AHFs 315 SFM 91, dated
23rd December, 1991, as may be amended from time to time.
Explanation. For the purpose of this
section an acquaculture means and includes prawn and fish farming.
Rule - 20. Grant of land to Housing Board, Grama Panchayat, Taluk Panchayat, Zilla Panchayat, Co-operative Societies and other Statutory Board :-
(1) Lands may
be granted by the Deputy Commissioner with the prior approval of the State
Government under these rules to.
(a) the
Karnataka Housing Board, [or
any Urban Development Authority] free of cost for construction of houses under
the subsidised rental housing scheme or subsidised industrial housing scheme
and on payment of fifty per cent of the market value in all other cases;
(b) [Grama
Panchayats, Taluk Panchayats and Zilla Panchayats] free of cost for
construction of schools, hospitals, dispensaries and public amenities and such
other purposes deemed obligatory under [the
Karnataka Panchayat Raj Act, 1993];
(c) Co-operative
Societies and Statutory bodies like the Karnataka State Road Transport
Corporation, The [Karnataka
Power Transmission Corporation], etc., on collection of 50 per cent of market
value to be determined by the Deputy Commissioner:
[Provided
that where the extent of the land does not exceed five acres, no such prior
approval shall be necessary.]
(2) If the
lands granted under sub-rule (l)(a) to (c) are not utilised for the purpose for
which they are granted, [the
same shall be resumed by the State Government free from all encumbrances]. The
State Government shall not be liable to pay any compensation or damages for the
lands so resumed.
Rule - 21. Grant of land to religious and charitable institutions :-
Notwithstanding anything contained in
these rules, the Deputy Commissioner may grant lands upto an extent of one
hectare and with the prior approval of the Divisional Commissioner upto an extent
of two hectares and with the prior approval of the State Government upto any
extent, to any religious or charitable institutions for non- agricultural
purposes on payment of the price to be fixed by him and subject to such other
conditions as he may impose.
Rule - 22. Grant of land to Industrial concerns :-
(1) Lands may
be granted by the Deputy Commissioner to Industrial concerns registered under
the Industries {Development and Regulation) Act, 1951 (Central Act) [and to
small scale industrial units registered with the State Directorate of
Industries and Commerce] subject to the following conditions.
(i) the
grantee shall not, without the permission of the State Government, sell, lease,
mortgage, transfer, gift or otherwise alienate in any manner such land within a
period of thirty years from the date of the grant;
(ii) if the
grantee at anytime thereafter proposes to sell, lease, mortgage, transfer, gift
or otherwise alienate in any manner such land, the industrial concern shall
make the first offer to the State Government and if the State Government do not
propose to take the land, the Industrial concern may dispose of the land to any
person;
(iii) [not more
than two hectares of land shall be granted to any small scale industrial unit.]
(2) The value
of the land granted under sub-rule (i) shall include the market value and the
conversion charges of the land so granted, unless conversion fine is exempted
by the State Government.
(3) Notwithstanding
anything contained in sub-rule (1), the grantee may mortgage the land in favour
of such Financial Corporations as may be recognised by the State or the Central
Government for obtaining loans for the development and expansion of the
industry.
Rule - 23. Confirmation of lands to persons to whom the lands have been leased temporarily :-
Notwithstanding anything contained in
these rules.
(1) Where,
before the commencement of these rules agricultural lands were leased
temporarily to any person for purposes of cultivation and the lease
contemplated the subsequent grant of the land to the lessee and all the
conditions of the lease have been- complied with, such lands may be granted to
the lessee by the Deputy Commissioner on payment of the price fixed by him in
accordance with [rules
under which the lands were leased.
(2) Where,
after the coming into force of these rules, lands have been leased temporarily
for cultivation and the lessee has fulfilled all the terms of the lease, such
land may be granted to the lessee on payment of the price fixed by the Deputy
Commissioner, if the lessee is either a landless person or an insufficient
holder.
(3) Where the
period of lease has expired and proposals for grant of land to the lessee are
under consideration the period of lease may be deemed to have been extended
till such time as orders are passed by the Deputy Commissioner on such
proposals.
Rule - 24. Constitution of Consultative Committees :-
(1) The State
Government may, by order, constitute for each taluk a Consultative Committee
consisting of such number of official and non-official members and for such period
as may be determined by it.
(2) The
members of the Committee shall be nominated by the State Government [and
one of them may be nominated as the Chairman thereof]
(3) It shall
be competent for the State Government to effect such changes in the personnel of
the Committee as it deems fit, at any time.
(3A) A
non-official member of the Committee who remains absent consecutively for three
meetings without previous intimation to the Chairman shall cease to be a member
of the Land Grant Consultative Committee.
(4) The
Committee shall be consulted in respect of all the applications for grant of
land for agricultural purposes including the raising of plantation crops in the
taluk concerned and the recommendations of the committee shall ordinarily be
accepted by the authority competent to grant the land.
Rule - 25. Cancellation of grant :-
Any grant of land made under these
rules shall be liable to be cancelled and the land resumed by the authority
which granted it, where the grant has been obtained by making false or
fraudulent representations or is contrary to these rules:
Provided that no such cancellation
shall be made without giving the grantee an opportunity of being heard.
Rule - 26. 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.
Rule - 27. Powers of the State Government :-
Notwithstanding anything contained in
the preceding rules, the State 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 provisions of these rules, it may,
by order direct such relaxation, recording the reasons for such relaxation,
subject to such conditions as may be specified in the orders and thereupon
lands may be granted in such a case or classes of cases in accordance with such
direction.
Rule - 28. Grantees of land to execute an agreement :-
(1) Every
person who is granted lands for agricultural purposes under these rules shall execute
an agreement in Form V:
[Provided
that where an order of grant is made under the proviso to sub-rule (4) of Rule
8, the agreement shall be executed jointly by the applicant and his wife in
Form No. V-A.]
(2) Every
person who has granted land for non-agricultural purposes under these rules
shall execute an agreement in Form VI:
Provided that where the land is
granted to the Karnataka Housing Board, [any
Urban Development Authority], [the
Industrial Areas Development Board, [a
Grama Panchayat, Taluk Panchayat or a Zilla Panchayat], the condition that the
lands shall not be alienated shall not be applicable.
Rule - 28A. Grant of land in exchange for land relinquished :-
(1) Notwithstanding
anything contained in these rules, land may be granted to any person in
exchange for the land relinquished by such person to the State Government in
the following cases, namely.
(i) where by
changing course, a river, water-way or cart-track runs through a private land:
Provided thai the land to be granted
in exchange shall be the land registered in the revenue records as river,
water-way or cart-track;
(ii) where a
channel or pathway divides the private land of a person into two and it can be
diverted along the boundary of such land without inconvenience to the public;
(iii) where the
private land is required for straightening the course of a channel or pathway;
(iv) where
private land is situated on the bed of an irrigation tank or river and the
State Government desires to take over such land;
(v) where
private lands not exceeding five hectares in extent in each case, are required
for public purposes such as construction of chavadies, cattle pounds, wells,
schools or for minor improvements to any irrigation work or the setting apart
such land for free pasturage for the cattle;
(vi) whereby
any action of Government, a private land or any portion thereof is rendered
valueless or has diminished in value;
(vii) where
private land is required for extension of village sites.
(2) Any person
desiring grant of land in exchange for the land to be relinquished by him shall
make an application in writing to the Deputy Commissioner in Form VIII giving
the following particulars.
(i) name, age
and address of the applicant;
(ii) the extent
and particulars of the land proposed to be relinquished;
(iii) the extent
and particulars of the land asked for, namely, survey number, village, taluk,
sub-division in which the land is situated.
(3) In all
cases where the value of the land to be granted exceeds rupees one hundred, the
application shall be accompanied by an encumbrance certificate in respect of
the land to be relinquished: Provided that in other cases, the applicant shall
produce such encumbrance certificate if called upon to do so.
(4) The Deputy
Commissioner shall on receipt of such application, make such enquiry as he
thinks fit and if satisfied that the applicant is eligible under this rule for
the grant of land in exchange for the land relinquished, determine the market
value of the land to be relinquished and also of the land to be granted.
Thereafter he may pass an order granting the land, if the value of such land is
not more than one thousand rupees. If the value exceeds rupees one thousand, he
shall submit the application together with his report in the matter to the
Divisional Commissioner. The Divisional Commissioner may pass an order granting
the land if the value of such land does not exceed rupees ten thousand. If the
value exceeds ten thousand rupees the records shall be submitted to the State
Government which may pass orders granting such land.
(5) The grant
of land under this rule shall be subject to the following conditions, namely.
(i) the grant
shall be subject to the provisions of Rules 9 and 13;
(ii) the
applicant should have absolute title to the land to be relinquished,
(iii) the value
of land to be granted shall as far as possible be not more than the value of
the land relinquished and the difference if any in value shall be paid by the
applicant.]
Rule - 29. Form of permission :-
Permission granted, under Section 93
of the Act shall be in Form VII. A sketch of the land granted shall be annexed
to the said form, the cost of the sketch shall be recovered from the grantee.
Rule - 29A. Certain conditions not to apply :-
Notwithstanding
anything contained in Rule 40 of the Karnataka Land Grant Rules, 1969, the
provisions of any rule (repealed by the said rule), that the land granted shall
not be alienated except to the members of the Scheduled Castes or Scheduled
Tribes shall, with effect from the commencement of the Karnataka Land Grant
(Amendment) Rules, 1974, cease to operate.
Rule - 30. Repeal and Savings :-
The Karnataka Land Grant Rules, 1968
and the Karnataka Land Revenue (Amendment) Rules, 1967 (Rule 93-A) are hereby
repealed:
Provided that the repeal shall not
affect.
(a) the
previous operation of any rule so repealed or anything duly done or suffered
thereunder;
(b) any right,
privilege, obligation or liability acquired, accrued or incurred under any rule
so repealed;
(c) any
penalty, forfeiture or punishment incurred in respect of any breach of or any
offence committed against any rule so repealed; or
(d) any
investigation or legal proceedings or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeiture or punishment as
aforesaid and any legal proceedings or remedy may be instituted, continued or
enforced and any such penalty, forfeiture or punishment may be imposed as if
such rule had not been repealed:
Provided further that subject to the
preceding proviso anything done or any action taken (including any
notification, order, instruction or direction issued), under any such rule
shall be deemed to have been done or taken under the corresponding provision of
these rules shall continue to be in force accordingly, unless and until
superseded by anything done or any action taken under the Act or these rules,
as the case may be.
Rule - 31. Repealed rules not to apply to certain mortgages :-
Nothing in clause (vi) of Rule 12 of
the Karnataka Land Grant Rules, 1968 or the corresponding provisions of any of
the rules repealed by Rule 40 of the said rules shall apply to mortgage of the
land granted under the said rules, in favour of a Scheduled Bank 2[or the
Agricultural Refinance Corporation or the Karnataka State Agro Industries
Corporation] as security for loans obtained for improvement of such land or for
buying cattle or agricultural implements for the cultivation of such land.
SCHEDULE
1
FORM
SCHEDULE
|
District
|
Taluk
|
Town
or Village
|
Survey
number
|
Area
acres
|
Boundaries
N.S.E.W.
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
|
|
|
|
|
|
In
witness whereof (name and designation) acting for and on behalf of and by the
order and direction of the Governor of Karnataka and the lessee aforesaid
have hereunto set their hands this ........ day of. . ,
Signed
by Aforesaid
|
|
In
the presence of.
1.
2.
|
|
Signed
by Aforesaid
|
|
In
the presence of.
1.
2.
|
FORM
IV
[See Rule 19(5)]
Form of lease deed for temporary
occupation of State land for non-agricultural purposes
?
This deed of lease made this........day
of........one thousand nine hundred and..........between the governor of
Karnataka (which expression shall include his successors in office and assigns)
of the one part and.......residing at......hereinafter called "the
lessee" (which expression shall include his heirs, executors,
administrators, legal representatives and assigns) of the other part witnesseth
as follows.
The Governor of Karnataka hereby grants the
land described in the schedule below on lease to (name and address of the
lessee) for temporary occupation for a period of.........years/months
commencing from (date, month and year) subject to the following terms and
conditions to which the aforesaid lessee has agreed.
(1)
The lease is liable to
cancellation if it be found that it was grossly inequitable or was made under a
mistake of fact or owing to misrepresentation or fraud or that there was an
irregularity in the procedure.
(2)
In the event of such
cancellation of the lease the lessee shall not be entitled to compensation or
any loss caused to him by the cancellation.
(3)
The lessee shall pay the sum
of Rs........as and for security for the fulfillment and observance by him of
the conditions contained in the lease. The sum so deposited shall be liable to
be forfeited to the Government of Karnataka (hereinafter called the Government)
under the orders of the Deputy Commissioner of the District (hereinafter
referred to as the Deputy Commissioner) in the event of failure by the lessee
to fullfil and observe any of the conditions of the lease.
(4)
The lessee shall, so long as
the lease be in force pay clear of all deductions a sum of Rs.......per annum
for credit to the general revenues of the State and further sum of Rs.......on
account or rates, taxes, assessments and outgoings, payable by the Government
to the Corporation/Municipality as a result of his occupation of the land. The
consolidated charge shall be payable to the Government in advance annually/monthly,
the first of such payments to be made on the..... day of........and the
subsequent annual/ monthly payments on the corresponding day of the succeeding
years/months.
(5)
In the event of the
Corporation/ Municipality varying its demand the Government shall be at liberty
to revise, without notice, the second part of the charge referred to in
condition (5) as the sum payable by the lessee on account of taxation by the
Corporation/Municipality and, on such revision any balance due shall become
immediately payable by the lessee.
(6)
If the lessee fails to pay
the Government any sums payable under the lease on the respective dates on
which they are made payable, he shall pay interest at 12 per cent per annum on
such amounts from the dates on which they were so payable until the date of
payment or recovery.
(7)
The lessee shall not do any
act which is destructive or permanently injurious to the land.
(8)
The grantee shall not use
the land except for the purposes of which the land is leased.
(9)
The lessee may
erect.......in accordance with the plan(s) hereto annexed.
(10)
The land and the building(s)
thereon shall not be used for political meetings.
(11)
The lessee shall not, except
as provided in condition (9), erect any buildings, fences or structures of a
permanent or temporary character on the land without the previous written
sanction of the Deputy Commissioner.
(12)
The lessee shall maintain
the said land in a clean and sanitary condition to the satisfaction of the
Government and shall also maintain the structures, if any, erected thereon as
aforesaid, in good, and substantial repair to the satisfaction of the Deputy
Commissioner.
(13)
The lessee shall permit the
Officers and servants of the Government with or without workmen at all times to
enter upon the lands aforesaid to view the condition and state thereof.
(14)
The lessee shall not assign
or underlet the benefits arising under this lease or any part thereof without
the previous written permission of the Government.
(15)
(a) The Government reserve
to themselves the right to all sandal-wood trees and their branches and roots
which exist at the time of lease (which are described in the schedule attached)
as well as those which may grow subsequently on the lands leased and the
Government shall be at liberty to cut or dig out any such trees or their roots
and branches and remove them from the land in question be entitled to cut or
remove them or cause them to be cut or removed without the permission of the
Deputy Commissioner;
(b) the lessee shall take all reasonable
measures to the satisfaction of the Deputy Commissioner for the protection of
the sandalwood trees from theft or damage and for the careful protection of
immature trees growing on the land;
(c) the lessee shall take steps to see that
the marks made by the Officers of the Government on the sandalwood trees are
preserved and are not tampered with; and
(d) in the event of the infringement of, or
failure to observe any of the conditions mentioned in (a), (b) or (c) above,
the lessee shall pay the Government such compensation as is determined by the
Deputy Commissioner for any loss or damage caused by such infringement or
failure on his part. The Government shall also be at liberty to cancel the
lease and re-enter on the land and the whole land shall thereupon vest
absolutely in the Government. In that case the lessee shall not be entitled to
any compensation whatever.
(16)
The lessee may uproot, cut
down or destroy such trees, plants, groves or bushes as in the opinion of the
Deputy Commissioner it is necessary to uproot, cut down or destroy to make the
land fit for the purpose of.........and may take them free of charge and
dispose of them in any manner he likes. The lessee may level the ground by
removing embanked pathways and filling up low-lying places on the land so as to
make the ground fit for the purpose of.......and may mow and cut the grass
thereon and dispose of the same in any manner he likes and do any work on the
land which, in the opinion of the Government, is necessary for such purposes.
(17)
The lessee shall remove
immediately any unauthorised building, fence or structure on receiving notice
from the Deputy Commissioner and in default of immediate compliance with any
such notice, the Deputy Commissioner shall have power to remove the same and
the lessee shall upon demand made by or on behalf of the Deputy Commissioner
pay the cost of removal and the cost of the storage materials removed and take
delivery of the same. The lessee shall have no claim to any materials removed
under this condition which shall not have been taken delivery of or the cost of
removal and storage of which shall have been paid by the lessee on demand made
as aforesaid.
(18)
The lessee shall not without
the previous written sanction of the Deputy Commissioner permit any person to
use the land or any structure thereon or any portion of the land or structure
except as provided in condition (8).
(19)
The lessee shall on
termination or revocation of this grant, restore the said land to the
Government in as good a condition as inconsistent with the foregoing
conditions.
(20)
The lessee shall be
answerable to the Government for all or any injury or damage done to the said
land other Government property thereon except as is permitted by the foregoing
conditions.
(21)
The Government may revoke
the lease wholly or in part if the sums specified in conditions (4 above or any
part thereof shall remain unpaid for 15 days after they have become payable
whether formally demanded or not, or if the lessee shall have contravened any
of the conditions of the lease herein contained and assume control or otherwise
dispose of all or any part of the land and any buildings, fences and structures
thereon and the lessee shall not be entitled to any compensation thereafter.
(22)
If the amount specified in
condition (4) or (6) above or any part thereof is in arrear, it shall also be
competent for the Government to recover the same from the lessee as an arrear
of land revenue.
(23)
The lease hereby given may
be revoked by the Deputy Commissioner acting on behalf of the Governor of
Kamataka, after giving (....) months notice in writing and by the Government
and shall be terminable by the lessee by giving to the Deputy Commissioner,
months notice in writing but without prejudice to any right of action or remedy
of the Government in respect of any antecedent breach of any of the foregoing
conditions. The lessee shall not in case of such revocation or termination be
entitled to any compensation in respect of any structures on the land or any
improvements effected by him to the land or for the loss caused by the
interruption of his occupation but he may, before the revocation or termination
of the lease takes effect or if the lease is revoked without notice within such
time, as may be allowed by the Deputy Commissioner in that behalf, remove such
structures.
(24)
In the event of termination
of the lease under condition (21) or (23) the Government shall be at liberty to
levy proportionate rental up to the date of such termination.
(25)
The sum of
Rs.........deposited by the lessee under condition ( ) of such portion thereof
as may be returnable to him shall be returned to him on the expiration or
soonafter termination of the lease.
(26)
If any dispute or difference
shall at any time hereafter arise between the Government or their Officers, on
the one part and the lessee as to the rights, duties or liabilities or either
party in respect of any matter or thing relating to arising out of the lease or
the construction or the meaning of all or any of the provision herein
contained, the said dispute or difference shall be referred for settlement to
the arbitration of the Deputy Commissioner for the time being, and his decision
shall be final.
(27)
The lease includes all
rights, easements and appurtenances belonging to the land or purports to belong
to it or usually held or enjoyed with it. The existing and customary right of
Government and the public in roads and paths and rivers, streams and channels
running through or bounding the land and the right of Government to the mines
and quarries, adjacement to the land are however reserved and are in no way
affected by the lease.
SCHEDULE
2
FORM
SCHEDULE
|
District
|
Taluk
|
Town
or Villaee
|
Survey
number
|
Area
acres
|
Boundaries
N.S.E.W.
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
|
|
|
|
|
|
|
In witness whereof (name and designation)
acting for and on behalf of and by the order and direction of the Governor of
Kamataka and the lessee aforesaid have hereunto set their hands this ........
day of. . .
Signed
by Aforesaid
|
|
In
the presence of.
1.
2.
Signed
by Aforesaid
|
|
In
the presence of.
1.
2.
|
FORM V
[See Rule
28(i)]
Form of
agreement to be executed by persons granted land for agricultural purposes
To the
Tahsildar..............
I, A.B, inhabitant
of..........in..........Taluka, hereby accept the right of the occupation of
the land comprised in Survey No. ............(or of the building site herein
below described, or otherwise as the case may be) in the village of.........in
the .... .... Taluka and I pray that my name be entered in the Government
records as the occupant of the said land.
The said land has
been granted to me subject to the provisions of the Karnataka Land Revenue Act,
1964 and of rules in force thereunder in perpetuity, from the.........date of
19....; and I undertake to pay
the land revenue
from time to time lawfully due in respect of the said land (or I undertake,
whenever the State Government shall see fit to discontinue the exemption of the
said land from payment of land revenue,
to pay such revenue
be lawfully imposed.........thereupon under the order of the State Government
or otherwise as the case may be.
If I contravene any
of the conditions of the grant, the Deputy Commissioner, may without prejudice
to any other penalty to which I may be liable under the provisions of the said
Act and the rules made thereunder, continue the said land in my occupation on
payment of such fine and/or assessment as he may direct.
Dated
the............day of.......19........at .
(Signed) A.B.
We declare that
A.B., who has signed this agreement is to our personal knowledge the person he
represents himself to be, and that he has affixed his signature hereto in our
presence.
(Signed) C.D.
(Signed) E.F.
We declare that to
the best of our knowledge and from the best information we have been able after
careful inquiry to obtain the person who has executed this agreement is a fit
person to be accepted by the State Government as responsible for the punctual
payment of the land revenue from time to time due on the above land.
(Signed) G.H.
(Signed) I.J.
Village Accountant.
FORM V-A
[See Rule
28(1)]
Form of
Agreement to be executed jointly by persons granted land for agricultural
purposes.
To
?The Tahsildar of
?We, A.B. & X.Y., husband and wife
respectively, the inhabitants of ................... in the Taluka, hereby
accept the right of occupation of the land comprised in Survey
No................... (or of the building site herein below described, or
otherwise as the case may be) in the Village of ..............................
in the ................ Taluka and we pray that our names be entered in the
Government records as the occupants of the said land.
The said land has
been granted to us subject to the provisions of the Karnataka Land Revenue Act,
1964, and of rules in force thereunder in perpetuity, from the
................... day of .................. and we undertake to pay the land
revenue from time to time lawfully due in respect of the said land (or We
undertake, whenever the State Government shall be fit to discontinue the
exemption of the said land from payment of land revenue, to pay such revenue by
lawfully imposed.........................there upon under the order of the
State Government or otherwise as the case may be).
If we contravene
any of the conditions of the grant, the Deputy Commissioner, may, without
prejudice to any other penalty to which we may be liable under the provisions
of the said Act and the rules made thereunder, continue the said land in our
occupation on payment of such fine and/or assessment as he may direct.
Dated the
................. day of ..................... 19 ........... at
.......................
(Signed) A.B.
(Signed) X.Y.
We declare that
A.B. and X.Y. who have signed this agreement are to our persons knowledge the
persons they represent themselves to be, and that they have affixed their
signature hereto in our presence.
(Signed) A.B.
(Signed) X.Y.
We declare that to
the best of our knowledge and from the best information we have been able after
careful inquiry to obtain the persons who have executed this agreement are fit
persons to be accepted by the State Government as responsible for the punctual
payment of the land revenue from time to time due on the above land.
(Signed) A.B.
(Signed) X.Y.
VILLAGE
ACCOUNTANT.]
FORM VI
[See Rule
28(2)]
Form of
agreement to be executed by persons granted land for non-agricultural purpose
?To the Tahsildar of................
?I, A.B., inhabitant of.............in
the.......Taluka hereby accept the right of occupation of the land comprised in
Survey No. . . . .......in the Village of .... in the Taluk and I pray that my
name be entered in the Government records as the occupant of the said land.
The said land has
been granted to me in........perpetuity from the day
of..........19.......subject to the provisions of the Karnataka Land Revenue
Act, 1964 and of the rules in force thereunder, and further condition that, I,
my heirs, assigns and legal representatives shall not at any time by partition,
inheritance, lease, mortgage or otherwise however transfer the said land or
allow any portion of it to be cultivated, used or occupied by any other person
so as to divide it.
If I fail to
perform any of the aforesaid conditions, I shall be liable without prejudice to
any other penalties that I may incur under the said Act, and the rules made
thereunder, to have the said land summarily forfeited by the Deputy
Commissioner, and I shall not be entitled to claim compensation for anything
done or executed by me in respect of the said land.
And I undertaken to
pay the land revenue from time to time lawfully due in respect of the said land
(or I undertake, whenever the State Government shall see fit to discontinue the
exemption of the said land from payment of land revenue, to pay such revenue as
may be lawfully imposed thereon under the orders of the State Government or
otherwise as the case may be).
Dated
the...............day of............19.
(Signed) A.B.
We declare that
A.B., who has signed this agreement, is to our personal knowledge the person he
represents himself to be and that he has affixed his signature hereto in our
presence.
(Signed) C.D.
(Signed) E.F.
We declare that to
the best of our knowledge and from the best information we have been able,
after careful inquiry to obtain, the person who has executed this agreement is
a fit person to be accepted by the State Government as responsible for the
punctual payment of the land revenue from time to time due on the above land.
(Signed) G.H.
(Signed) I.J.
Village Accountant.
FORM VII
[See Rule 29]
Certificate of
Grant/Saguvali Chit
Whereas, under the
rules for the disposal of unoccupied Government land for cultivation and the
grant of occupancy rights the land specified in the schedule hereunder written
has been sold, and A.B. has purchased it in public auction or for upset price
and the same has been duly confirmed, and A.B. declared the purchaser thereof,
and whereas the said A.B. has paid into the Government Treasury the full sum of
the purchase money amounting to Rs...............No. I.C.D. Tahsildar. . . .
.... Taluk...........permit the said A.B. to enter into occupation of the said
land and hereby grant and confirm subject to cancellation or modification in
appeal or revision under the provisions of the Land Revenue Act, the said land
to the said A.B., his heirs, personal representatives and assigns subject to
the provision hereinafter mentioned and subject also to the regular payment of
the Land Revenue Assessment on the land as fixed under the rules for the time
being in force:
(1)
Provided
that this assessment shall be paid for each revenue year as per rules
prescribed in this behalf from time to time under provision of the Land Revenue
Act, failing which it will be recoverable by coercive process in the manner
prescribed by the Land Revenue Act and rules framed thereunder:
(2)
Provided
also that this title-deed in no way affects the liability of the abovesaid land
to such rates, taxes and cess other than land revenue as are or as may be
imposed by law, whether for general, municipal or other local purposes:
(3)
Provided
also that the said A,B. or other lawful owner of the said land shall at all
times hereafter at his own expenses maintain in good order, the restored major
and minor tanks of the village with respect to which the customary obligation
to maintain is imposed on the said A.B. by virtue of his being the occupant or
other lawful owner of the said survey number and shall put up, repair and
maintain in good order the boundary marks around and in the said land, failing
which it shall be lawful for the State Government after due notice to cause the
maintenance work of the said tank in so far as his liability in this behalf
extends and the repair of the said boundary marks to be carried out and to
recover the cost of such maintenance work and such repair as a revenue demand
from the said A.B. or other lawful owner:
(4)
Provided
also that nothing in the title deed contained shall affect the existing or
customary rights of Government or of proprietors of land adjoining or lying
near the said land or of the villages in common in all existing roads and paths
and in streams of water running through or bounding the said land:
(5)
Provided
also that this title-deed shall in no way be considered to grant to or in any
way vest in the said A.B., his heirs, personal representatives or assigns any
right, title or interest in or to precious stones, gold and other minerals or
coal or stone or rock containing or supposed to contain precious stones, gold
or other minerals or coal known to exist or which may at any time hereafter be
discovered on or under the said land or any part thereof all of which are
hereby respectively reserved to the State Government subject to the conditions
now in force or which may be prescribed in this behalf from time to time.
Subject to the conditions mat the said A.B., his heirs, personal
representatives or assigns shall always be allowed to use free of charge any
limestone, granite and ordinary minerals other than metals or coal or precious
stones which may be found on or under the said land and which may be applied to
the bona fide private use of the said A.B., his heirs, personal representatives
or assigns and not removed for purpose of sale:
(6)
Provided
also that this title-deed shall not be considered in any way to grant to or
vest in the said A.B., his heirs, personal representatives or assigns the right
to sandal trees which are hereby reserved to the State Government except in so
far as the rules that are or may be framed in the matter, if the grant of
bonuses for such trees may permit:
(7)
Provided
also mat the land shall not be alienated for a period of fifteen years (15
years from...............the date of taking possession).
Explanation.For
purposes of this proviso the following shall not be regarded as alienation.
(a)
mortgage
of the land in favour of the State Government or a Co-operative Society or the
Indian Coffee Board or a Scheduled Bank or the Agricultural Refinance Corporation
or the Karnatka State Agro Industries Corporation as a security for loans
obtained for improvement of such land or for buying cattle or agricultural
implements for the cultivation of the land; and
(b)
lease
of the land in accordance with the provisions of Karnataka Land Reforms Act,
1961:]
(8)
Provided
also that the grant shall be subject further generally to the provisions of the
Land Revenue Act and the Rules made thereunder or any other law for the time
being in force.
(9)
It
is obligatory on the part of the grantee to undertake soil conservation
measures as directed by the Soil Conservation Officer.
FORM VIII
[See Rule
28-A]
Application
for grant of land in exchange for the land relinquished
1.
Name
and age of the applicant:
2.
Address
and Occupation:
3.
Fathers
Name:
4.
Particulars
of land proposed to be relinquished:
(i)
Sy.
No. and Sub-Division No.
(ii)
Extent:
Dry.......
Wet.......
Garden......
(iii)
Value
5.
The
extent and particulars of the land . asked for, namely Survey Number, Village,
Taluk, Sub-division in which the land is situated.
SCHEDULE 3
FORM
SCHEDULE
Specification
of the Land
|
District
|
Taluk
|
Village
|
Name
if any
|
Boundaries
|
S.
No.
|
Extent
|
Assessment
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
|
|
|
|
|
|
|
|
H.
Total
Phot
Kharab
Dry
Wet
Garden
The
purpose for which Phot Kharab is allowed to be specifically mentioned here.
?Dated this..........day of............19
Tahsildar.
Explanation to sub-rule (2) inserted by GSR 365, dated 5-12-1977, w.e.f.
7-12-1977,