KARNATAKA LAND REFORMS (FIRST AMENDMENT) RULES, 1982

KARNATAKA LAND REFORMS (FIRST AMENDMENT) RULES, 1982[1]

PREMBLE

In exercise of the powers conferred by Section 137 of the Karnataka Land Reforms Act, 1961 (Karnataka Act No. 10 of 1962), the Government of Karnataka hereby make the following Rules, the draft of the said rules having been previously published as required under sub-section (1) of Section 137, in Notification No. RD 12 LRM (1) 81, dated 20th March, 1982 in the Karnataka Gazette, Extraordinary in Part IV, Section 2-C(i) on 22nd March, 1982.

Rule - 1. Title and commencement.

(1)     These rules may be called the Karnataka Land Reforms (First Amendment) Rules, 1982.

(2)     They shall come into force at once.

Rule - 2. Insertion of new Rule 20-B.

After Rule 20-A of the Karnataka Land Reforms Rules, 1974 (hereinafter referred to the said rules), the following rule shall be inserted, namely.

"20-B. Categories of Physical and Mental Disability of permanent nature.

(a)      Following are the diseases which indicate physical and mental disabilities.

(1)     Total Paraplegia

(2)     Quadriplegia

(3)     Poliomylities with paralysis of both lower limbs or both upper limbs

(4)     Spinal deformities with neurological involvement

(5)     Loss of one or more limbs

(6)     Severe deformities as a result of Trauma with malunited fractures

(7)     Congenital deformities

(8)     Inflammatory conditions involving multiple joints which interferes eking out livelihood

(9)     Extensive degenerative diseases

(b)      Broad categorisation of Medical Diseases of permanent nature requiring compensation which prevents the individual from earning his livelihood.

(1)     Gross neurological and mental deficiencies

(2)     Affection of special senseseye and ear

(3)     Congenital and neurological deficiencies (as cerebral diplegia)

(4)     Gross chest deformities

(5)     Congenital and acquired heart diseases of severe degree which incapacitates the patient

(6)     Extensive pulmonary diseases.

For the purposes of identification of disease as extensive in nature etc., the land owner claiming benefit under these rules shall produce a certificate from the qualified Government Doctor to that effect.

Rule - 3. Insertion of new Rule 21-B.

After Rule 21-A of the said rules, the following rule shall be inserted, namely.

"21-B. Grant of assistance under Section 78(5).

(1)     The grantee of surplus land may make an application in Form No. 11-A for grant of loan to the Primary Land Development Bank having jurisdiction over the area where such land or any portion thereof is situated. A copy of the same shall be sent to the Tahsildar concerned.

(2)     On receipt of copy of the application, the Tahsildar may after such verification and enquiry as may be necessary recommend the application to the concerned Primary Land Development Bank for advancing loan to the applicant.

(3)     On receipt of the recommendation from the Tahsildar the Primary Land Development Bank may advance loan to the grantee of surplus land and adjust the amount of loan against the purchase price payable by the grantee after obtaining authorisation in this behalf from the grantee. The amount so adjusted may be remitted to the Tahsildar for credit to the Government account under appropriate Head of Account."

Rule - 4. Insertion of new Rules 25-A and 25-B.

After Rule 25 of the said rules, the following rules shall be inserted, namely.

"25-A. Interim payment of annuity.

(1)     In respect of the lands of religious and charitable or other institutions capable of holding property vesting in the State Government under the Act, before the annuity payable to such institutions is finally determined under Section 106, the State Government shall pay to the institution concerned as interim payment an amount equal to seventy five per cent of the estimated net annual income of such land calculated in the manner indicated in sub-section (2) of Section 72. The said amount shall be paid in the form of non-transferable and non-negotiable bond.

(2)     The amount of rent, if any becoming due on such land after the first day of March, 1974 and collected by the institution from the tenants after the said date shall be deducted from the amount referred to in sub-rule (1).

(3)     The liability of the institution to pay towards the encumbrances if any on the land shall also be deducted from such amount.

(4)     After the annuity payable to the institution is finally determined all interim payments made to the institution under sub-rule (1) of this rule and the amount of rent if any collected by the institution for any period subsequent to 1st March, 1974 shall be adjusted towards the annuity so determined and any deficiency shall be made good to the institution by the State Government and any excess shall be deducted from annuity payable to the institution in any subsequent year or years.

(5)     The Commissioner for Religious and Charitable Endowments, Government of Karnataka, shall issue the title deeds for the interim annuity referred in the preceding sub-rules.

25-B. Payment of annuity.

(1)     The non-transferable and non-negotiable annuity bond referred to in sub-section (2) of Section 106 shall be in the Form 12-A.

(2)     Commissioner for Religious and Charitable Endowments shall issue of title deed for the annuity."

Rule - 5. Insertion of new Rule 38-A.

After Rule 38 of the said rules, the following rule shall be inserted, namely.

"38-A. Conditions of granting exemptions under Section 107(1) (v).

For claiming exemption under clause (v) of sub-section (1) of Section 107, a stud-farm shall have to satisfy the following conditions namely.

(1)     The Stud-farm should have been in existence as on 24th January, 1971, duly registered with Bangalore Turf Club or any Turf Club in India;

(2)     The land occupied by the Stud-farm shall be utilised only for the purpose of such Stud Farm, like breeding, rearing and maintenance of horses and allied purposes subject to sub-rule (4);

(3)     If the land is not utilised for the purpose of the Stud Farm, it shall be surrendered to Government subject to the provisions of the Act;

(4)     An average of 2 hectares of land per animal shall be reserved for paddocks, stables and for growing fodder upto 50 animals, and 3/4 hectare per animal thereafter. (Foals below 4 months of age may not be calculated separately if they are in the same stable and the same paddock of a Stud Farm)."

Rule - 6. Amendment of Forms.

(1)     For Form 10 of the said rules, the following form shall be substituted, namely.

 

"FORM 10

[See Rule 21]

(Certificate of registration of a tenant as an occupant under Section 55(1) of the Karnataka Land Reforms Act, 1961)

Whereas the Tribunal..........Taluk has under sub-section (4)/(5) of Section 48-A of the Karnataka Land Reforms Act, 1961 ordered that Shri .:............is entitled to be registered as an occupant of the lands detailed hereunder, namely.

Now, therefore, the Tahsildar/Special Tahsildar.........Taluk hereby registers the tenant Sri .........as an occupant of the said land, subject to the payment of premium. The registration is granted subject to the provisions hereinafter mentioned and subject also to the regular payment of Land Revenue Assessment on the land as fixed under the rules for the time being in force. The registration is also subject to the provisions of the Karnataka Land Reforms Act, and rules as they stand now and as they may be amended from time to time:

(1)     Provided that this assessment shall be paid for each revenue year as per rules prescribed in this behalf from time to time under the provisions of the Karnataka Land Revenue Act, 1964 failing which it will be recoverable by coercive process in the matter prescribed by the Karnataka Land Revenue Act and Rules framed thereunder:

(2)     Provided also that this title deed in no way affects the liability of the above said land to such rates, taxes and cesses 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 occupant or other lawful owner of the said land shall at all times hereafter at is own expense 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 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 occupant or other lawful owner:

(4)     Provided also that nothing in the (certificate of registration) contained shall affect the existing casementary or customary rights of the Government or of proprietors of land adjoining or lying near the said land or of the villagers 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 (Certificate of registration) shall in no way be considered to grant to or in any way vest in the said occupant 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 and subject to the conditions that the said occupant 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 occupant and not removed for purposes of sale:

(6)     Provided also that the (Certificate of registration) shall not be considered in any way to grant to or vest in the said occupant 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 of the grant of bonuses for such, tree's may permit:

(7)     Provided also that the grant shall be subject further generally to the provisions of the Karnataka Land Revenue Act, 1964 and the Rules made thereunder or any other law for the time being in force:

(8)     Provided also that the failure to cultivate the land personally for three consecutive years shall entail eviction of the occupant rules condoned by the Tahsildar/Special Tahsildar for sufficient reasons and the land will be disposed of under Section 77 of Karnataka Land Reforms Act, 1961:

(9)     Provided also that the land of which the occupancy has been granted to any person shall not within fifteen years from the date of certificate under Section 55 is issued, be transferred by sale, gift, exchange, mortgage, lease, or assignment, but the land may be partitioned among members of the holders joint family subject to the condition that no fragment shall be created by any such partition. Any transfer or partition of land in contravention of Land Reforms Law will be invalid. It shall be lawful "for the occupant registered as such or his successor-in-title-to take a loan and mortgage or create a charge on his interest in the land in favour of the State Government, a Scheduled Bank, a co-operative Land Development or a Company as defined in Section 3 of the Companies Act, 1956 in which not less than fifty one per cent of the paid up share capital is held by the State Government or a Corporation owned or controlled by the Central Government or the State Government or both for development of land or improvement of agricultural practices; and without prejudice to any other remedy provided by any law; in the event of his making default in payment of such loan in accordance with the terms and conditions on which such loan was granted, it shall be lawful to cause his interest in the land to be attached and sold and the proceeds to be utilised in the payment of such loan:

(10)   Provided also that if the occupant of his successor in title intends within six years from the date of such registration giving up personal cultivation of the land, he shall surrender, the land to the State Government land on such surrender, the State Government shall pay an amount equal to the premium paid and the depreciated value of improvements if any, effected after the date of registration to the person surrendering and the persons interested in the land.

The surrendered land shall then be at the disposal of the State Government and the Tribunal may thereafter dispose of it as surplus land vesting in the State Government:

(11)   Provided that the occupant shall undertake soil conservation measures as directed by the Soil Conservation Officer.

(12)   The occupant shall be entitled to the benefits of Easementary or customary rights in the land, if any.

Dated this.........date of.........19 . . .

Tahsildar/Special Tahsildar."

(2)     After Form 11 of the said rules, the following Forms/shall be inserted, namely.

 

"FORM 11-A

[See Rule 21-B]

To

????..

?????.

The Primary Land Development Bank

.........Taluk,

.........District.

(1)     Name of the grantee; age and address:

(2)     Village:

(3)     Taluk:

(4)     District:

(5)     Sy. No.: ...

(6)     Plot No. or Hissa No.:

(7)     Amount required for payment of purchase price.

I hereby declare that to the best of my knowledge and belief the information furnished in this form is true and correct.

Signature of the applicant.

Place:

Date:

Copy to the Tahsildar/Special Tahsildar, .........Taluk.

 

FORM 12-A

[See Rule 25-B]

(Annuity Bond)

Office of the Commissioner for Religious and Charitable Endowments, Bangalore Title Deed No..........198-8, dated....... . . . Title deed granted to Shri.........(Institution).........Village .......... Taluk.........District ...................... on behalf of the Government of Karnataka.

I do hereby certify that the institution Sri .................... is entitled to an annuity of Rs. ....................(in figures) Rupees .......................(in words) as amount for all the rights of the (Institution) vesting in the State of Karnataka under the Karnataka Land Reforms Act, 1961 so long as the institution exists.

Notes: 1. 1. This Title Deed is issued under sub-section (2) of Section 106 of the Karnataka Land Reforms Act, 1961 which lays down that amount payable to the institution for its lands vesting in Government under the said Act shall be an annuity equal to the net annual income from land as provided in Section 72(2) and it shall be paid so long as the institution exists by issue of non-transferable and non-negotiable annuity bond.

2. The Commissioner for Religious and Charitable Endowments, Bangalore, will be the authority to issue title deed for the payment of annuity and also to stop the payment in case the institution ceases to exist.

3. The payment of annuity to the institution shall be authorised by the Tahsildar of the Taluk or the Special Tahsildar for Land Reforms as the case may be in which the institution is situated after satisfying himself that the institution is in existence and is functioning properly after which the amount should be paid at the treasury on a bill presented in Form 'B' appended.

Commissioner.

 

TABLE OF PAYMENT

 

FORM 12-B

Annuity amount Bill for the year

"304. Other General Economic Services1Land Ceiling (Plan)"

"EAnnuity payable to Religious and Charitable and other Institutions."

 

Annuity Amount

 

(1)     Certified that the amount claimed in the Bill has not been claimed in any of the previous Bills.

(2)     Certified that the Institution.........is in existence and properly and satisfactorily functioning.

Tahsildar/Special Tahsildar,

.........Taluk.

Countersigned for Rs.

19

Allotment for Rs.

Excess Rs.

Balance Rs.

Deputy/Special Deputy Commissioner,

......... District