KARNATAKA LAND REFORMS (AMENDMENT) ACT, 1986

Preamble - KARNATAKA LAND REFORMS (AMENDMENT) ACT, 1986

THE KARNATAKA LAND REFORMS (AMENDMENT) ACT, 1986

[Act No. 19 of 1986]

PREAMBLE

[07th May, 1986]

An Act further to amend the Karnataka Land Reforms Act, 1961.

Whereas, in the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962), there is no provision for preferring an appeal against the order passed by a Land Reform Tribunal;

And whereas, the High Court of Karnataka in Writ Petition No. 28441 of 1981 has observed that the disposal of the cases by the Tribunals is not satisfactory and to facilitate proper adjudication of disputes a provision in the Act for preferring an appeal is desirable;

And whereas, it is expedient further to amend the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962) for the purposes hereinafter appearing;

Be it enacted by the Karnataka State Legislature in the Thirty-seventh Year of the Republic of India as follows,--

Section 1 - Short title and commencement

(1)     This Act may be called the Karnataka Land Reforms (Amendment) Act, 1986,

 

(2)     It shall be deemed to have come into force on the Sixth day of December, 1985.XXXXX

Section 17 - Amendment of Karnataka Act 54 of 1976

In the Karnataka (Sandur Area) Inams Abolition Act, 1976, (Karnataka Act 54 of 1976)

(1)     After clause (a) of sub-section (1) of Section 2, of the following shall be inserted, namely

(2)     "Appellate Authority" means the appellate authority constituted under Section 116-A of the Karnataka Land Reforms Act, 1961."

 

(3)     ?Section 11 shall be renumbered as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely

 

(4)     From every decision or order passed by the Tribunal under this Act after the commencement of the Karnataka Land Reforms (Amendment) Act, 1986, an appeal shall lie to the Appellate Authority, and the Appellate Authority shall send a copy of every order passed by it to the Tahsildar, the Secretary of the Tribunal and the parties concerned.

 

(5)     The provisions of the Karnataka. Land Reforms Act, 1961 applicable to enquiries, proceedings and conduct of business of the Appellate Authority under the said Act including the provision of Section 121-A thereof shall mutatis mutandis apply to enquiries, proceedings and conduct of business of the Appellate Authority under this Act."

Section 18 - Amendment of Karnataka Act 10 of 1978

In the Karnataka Certain Inams Abolition Act, 1977 (Karnataka Act 10 of 1978)

(1)     After clause (a) of sub-section (1) of Section 3, the following shall be inserted, namely

 

(2)     "Appellate Authority" means the Appellate Authority constituted under Section 116-A of the Karnataka Land Reforms Act, 1961."

 

(3)     ?Section 11 shall be renumbered as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely

 

(4)     From every decision or order passed by the Tribunal under this Act after the commencement of the Karnataka Land Reforms (Amendment) Act, 1986 an appeal shall lie to the Appellate Authority, and the Appellate Authority shall send a copy of every order passed by it to the Tahsildar, the Secretary of the Tribunal and the parties concerned.

 

(5)     The provisions of the Karnataka Land Reforms Act, 1961 applicable to enquiries, proceedings and conduct of business of the Appellate Authority under the said Act including the provisions of Section 121-A thereof shall, mutatis mutandis apply to enquiries, proceedings and conduct of business of the Appellate Authority under this Act."

Section 19 - Transfer of pending proceedings

The High Court may, if it deems fit, transfer to the Appellate Authority having jurisdiction, a writ petition preferred to it against an order passed by the Tribunal, under the Karnataka Land Reforms Act, 1961 or under any other law, either before or after the coming into force of the Karnataka Land Reforms (Amendment) Act, 1986 in which rule has been issued by it after condoning the latches, if any and any appeal preferred against the orders passed in such writ petition and admitted by it, pending before it. On such transfer, the writ petition or as the case may be, the writ appeal shall, notwithstanding anything contained in this Act, be deemed to be an appeal filed before the Appellate Authority and the parties thereof may be permitted to amend their pleadings in such manner as they may deem fit.

Section 20 - Repeal and Savings

(1)     The Karnataka Land Reforms (Amendment) Ordinance, 1985 (Karnataka Ordinance 18 of 1985) is hereby repealed.

 

(2)     Notwithstanding such repeal anything done or any action taken under the Principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the Principal Act as amended by this Act.