Karnataka Land Reforms Rules,
1974
Rule - 1. Title and commencement :-
(1)
These
rules may be called the Karnataka Land Reforms Rules, 1974.
(2)
They
shall be deemed to have come into force with effect from 1st March,
Miscellaneous Repayments of Judicial Deposits.
Rule - 2. Definitions :-
In these rules, unless the context otherwise requires,-
(i)
"Act"
means the Karnataka Land Reforms Act, 1961 (Karnataka Act No. 10 of 1962);
(ii)
"Form"
means a form appended to these rules;
(ii-a) "High Level Committee" or
"Land Audit Committee means such Committee constituted for the purpose of
recommending projects for exemption under sub-clause (iv) of clause (a)of
sub-rule (1) of Rule 38-B;]
(iii)
"Section"
means a section of the Act;
[(iii-a) "Single Window Agency"
means the District Level Single Window Agency or the State Level Single Window
Agencyconstituted for the purpose of recommending projects for exemption under
sub-clauses (i) to (iii) of clause (a) of sub-rule (1)clause (a) of sub-rule
(4) and clause (a) of sub-rule (5) of Rule 38-B, as the case may be;]
(iv)
words
and expressions used but not defined in these rules shall have the meanings
assigned to them in the Karnataka LandRevenue Act, 1964 (Karnataka Act No. 12
of 1964).
Rule - 3. Manner of converting rent in kind into its cash equivalent :-
Where the rent was payable in kind, the Tahsildar, shall determine for purposes
of that proviso to sub-section (1) of Section 8its cash value after
ascertaining from the Chief Marketing Officer for Karnataka, the market price of
the agricultural producedue as rent that was prevalent in the district in which
the land is situate in the Miscellaneous Repayments of Judicial Deposits.
Rule - 4. Period of notice to be given by the soldier or the seaman :-
The period of notice to be given by a soldier or a seaman and under sub-section
(2) of Section 15 shall not be less than sixmonths. The tenant shall not
however be dispossessed before the crop, if any, grown on the land is harvested
by the tenant orbefore the 31st March of the Miscellaneous Repayments of
Judicial Deposits.
Rule - 5. Particulars to be furnished to the Tahsildar, the manner of enquiry and taking possession of the land by the Tahsildar :-
(1)
In the
application to be made to the Tahsildar under sub-section (4) of Section 15,
the soldier or the seaman shall furnishthe following particulars namely:-
(1)
Taluk.
(2)
Village.
(3)
S. No.
(indicating class to which it belongs i.e., irrigated / unirrigated / dry.)
(4)
Area.
(5)
Assessment.
(6)
Name
of the owner, address and the date on which the applicant ceased to be a
soldier or seaman.
(7)
Name
of tenant and address.
(8)
Extent
of land (other than the land to be resumed from the tenant) held by the owner
on ownership or lease.
(9)
Extent
of land (other than the land claimed by the owner) held on ownership or lease
.by the tenant.
(2)
Where
the tenant has made an application to the Tahsildar under sub-section (6) of
Section 15 or where it comes to thenotice of the Tahsildar that a soldier or a
seaman has not issued a notice under sub-section (1) of the said section, the
Tahsildarshall issue a notice to the said soldier or seaman requiring him to
intimate within the period specified in the notice whether hehas issued a
notice under the said sub-section and if so, to produce evidence in support of
the same.
(3)
After
the expiry of the period specified in the said notice the Tahsildar shall
consider the representation, if any, made by the soldier or the seaman and
decide whether a notice as required by sub-section (2) of the said section has
not been issued.
(4)
Upon
the issue of the notification under sub-section (6) of Section 15, the
Tahsildar shall take possession of the land byevicting in the manner provided
Miscellaneous Repayments of Judicial Deposits.
Rule - 6. Manner of registering surrendered land :-
Where a tenant has surrendered land and has admitted the same before the
Tahsildar, the fact of such surrender shall beentered in a register specially
maintained for the purpose in the office of the Tahsildar. Full details of the
land, such as thename of the tenant, the name of the soldier or the seaman, the
extent and survey numbers of the land surrendered, the villagein which it is
situate as also the Miscellaneous Repayments of Judicial Deposits.
Rule - 7. Lease of land surrendered :-
Land surrendered by a tenant may be leased only to persons who are entitled to
the grant of surplus land under Section 77. TheTahsildar shall publish a notice
in the chavadi of the village in which the land is situated and also in his
office and in the office of the Village Panchayat, calling for applications
within the period specified in the notice, from such persons for the lease of
land.Full particulars of the land proposed to be leased shall be specified in
the notice. The Tahsildar shall select persons from theapplicants in the order
of preference indicated in Section 77 and lease the land to them for a period
not exceeding one year at atime on such terms and conditions as he may, subject
to any general or special order of the State Government, specify. Theextent of
land that may be leased shall not exceed one unit in each case. A lease deed
containing the terms and conditions of thelease shall be executed by the lessee
before possession of the land is Miscellaneous Repayments of Judicial Deposits.
Rule - 8. Receipt for rent :-
A receipt given under sub-section (2) of Section 33 for the amount of rent
received in respect of any land shall be in Form 1. Thecounterfoil of such
receipt shall be signed by the tenant or his authorised agent in
acknowledgement of the correctness of theentries made in the Miscellaneous
Repayments of Judicial Deposits.
Rule - 9. Fees to be paid for grant of certificate :-
(1)
A fee
calculated at the rate specified below shall be paid for a certificate to be
issued under sub-section (2) of Section 37:-
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When
the value of the site does not exceedRs. 1,000
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2
1/2 per cent of the value subject to a minimum of Rs. 2.
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When
the value of the site exceeds Rs. 1,000but does not exceed Rs. 5,000
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For
the first Rs. 1,000, 2 l/2 per cent; for the amount in excess of Rs. 1,000, 1
per cent.
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When
the value of the site exceeds Rs. 5,000
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For
the first Rs. 1,000, 2 l/2 per cent; for the amount in excess of Rs. 1,000
upto Rs. 5,000one per cent; for the amou nt in when excess of Rs.
5,000, half per cent:
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Provided that the fee payable
shall in no case exceed one hundred rupees.
(2)
The
certificate to be issued under the said section shall be in Form 2.
[3]Rule - 9A. Form of application under Section 38, etc :-
(1)
The
application under sub-section (1) of Section 38 shall be in Form 2-A.
[(1-A) The village-war register for the
application received under Section 38 shall be in Form 2-A A.]
(2)
(i) On
receipt of the applications under sub-rule (1) a public notice in Form 2-B(l)
shall be published in the village in whichthe dwelling house and land are
situated. Individual notices in Form 2-B(2) to the opponent mentioned in the
application andalso to such others as may appear to be interested in the
dwelling house and land shall be issued.
(ii) Public notice in Form 2-B(l) shall be published in the Chavadi of
the village concerned and in the offices of the VillagePanchayat and of the
Tahsildar for a period of not less than 30 days.
(iii) Notice in Form 2-B(2) shall be served in the manner laid down in
Rule 43.
(3)
The
certificate under clause (c) of sub-section 38 shall
be in Form 2-C]
(4)
[The register showing the issue of
certificate of registration as an owner under Section 38 shall be in Form 2-D.]
Rule - 10. Period within which purchase price is to be deposited and the form of certificate to be issued by the Tahsildar :-
(1)
The
tenant shall deposit with the Tahsildar as required under sub-section (3) of
Section 39 the amount of the price withinthree months from the date of receipt
of the valuation, fixing the reasonable price of the land.
(2)
On
deposit of the reasonable price the Tahsildar shall, under sub-section
Miscellaneous Repayments of Judicial Deposits.
Rule - 11. Application for determining the amount of compensation for improvements made on the land by the tenant :-
An application for determination of the amount of compensation for improvements
made on the land by the tenant under Miscellaneous Repayments of Judicial
Deposits.
Rule - 12. Application for possession of any land or dewelling house or site :-
An application for passession of land or dewelling house or site under
sub-Miscellaneous Repayments of Judicial Deposits.
Rule - 13. Application for claiming payment of rent :-
An application by a landlord for recovery of rent payable to him by a tenant
under sub-section (2) Miscellaneous Repayments of Judicial Deposits.
[6]Rule - 13A. Register of applications under Sections 9 and 42 :-
All applications under sub-section (2) of Section 9 and sub-section (2) of
Section 42 shall be entered in a register maintained inForm 6-A.]
Rule - 14. Terms and conditions for choosing land by tenant under Section 46 :-
A tenant who desires to choose lands from different
landlords shall choose such area and location in such manner that thelands
chosen by him and the land if any, owned and cultivated by him personally;
(a)
form
one compact block, or
(b)
if they
cannot form a compact block, say one as near each other as possible and one so
situated that none of them isseparated from the other by a Miscellaneous
Repayments of Judicial Deposits.
Rule - 15. Manner of valuation of wells and other structures :-
For
purpose of Sections 47 and 72, the value of wells or other structures of a
permanent nature shall be determined by takinginto account-
(i)
the
location of such wells or other structures;
(ii)
the
actual amount incurred for the construction thereof;
(iii)
the
depreciation undergone in the value;
(iv)
the
usefulness of such wells or other Miscellaneous Repayments of Judicial Deposits.
[7]Rule - 15A. Determination of assessment of wet or dry land containing fruit bearing trees :-
The notional
assessment as for garden land referred to in sub-section (2) of Section 47
shall be determined by the Tahsildar inconsultation with the concerned
Assistant Superintendent of Land Records and after giving the party a reasonable
opportunityof being heard.]
Rule - 16. Quorum for meeting of the Tribunal :-
The quorum for every meeting of the tribunal (including or adjourned meeting)
shall be three members including the-Chairman. If within half-an-hour of the
time fixed for the meeting there is no quorum, the meeting shall be adjourned.
Thenotice of the date and time of the adjourned meeting shall be communicated
to all the members of the tribunal. MiscellaneousRepayments of Judicial
Deposits.
[8]Rule - 17. Procedure to be followed by the Tribunal :-
(1)
The
tribunal shall inrespect of applications made to it follow the same procedure
as specified for a summary enquiry under Section 34 of theKarnataka Land
Revenue Act, 1964 subject to the condition that the records of the proceedings
shall be maintained in alanguage understood by all its members.
(2)
[Order sheet shall be maintained by the
Chairman in respect of each case heard by the tribunal, noting in it the
day-to-dayproceedings of the tribunal relating to the conduct of the case.
(3)
When a
meeting is adjourned, the date, time and place of hearing of adjourned meeting
shall be made known to the partiespresent and their signature obtained on the
order sheet.
(4)
The
progress in the enquiry of each case shall be noted by the Chairman immediately
after hearing or the holding of spot inspection by the tribunal.
(5)
The
opposite party shall be allowed to cross-examine the witness and if it does not
wish to so cross-examine, a note shall bemade accordingly. A brief summary of
the evidence given by each witness shall be recorded by the Chairman.
(6)
If
there are more applications than one for registration of occupancy rights by
different persons in respect of the same land,those cases shall be clubbed
together and a common order passed.
(7)
Prayer
on an interlocutory application has to be considered by the tribunal strictly
in relation to the reliefs sought for.
(8)
The
order shall be signed, in addition to the Chairman, by the other members of the
tribunal who heard the case.
(9)
All
orders shall be speaking orders, namely, the points for decision, the decisions
themselves and the reasons for thedecisions shall be mentioned. The orders
shall be pronounced in the open court.
(10)
No
member of the tribunal shall participate in the deliberations or decision of a
case in which he is personally interested.]
[10]Rule - 18. Allowance to the members of the Tribunal :-
Non-official members of the tribunal shall be paid travelling and daily
allowances at the rates admissible to Members of theState Legislature for
attending the meeting of the Legislature and daily allowance at the rate of Rs.
30 per day of the sitting.]
Rule - 19. Form of application and notice :-
(1)
The
application under sub-section (1) of Section 48-A shall be in Form 7. The
application shall furnish particulars of all thelands held under each separate
tenancy in one or more than one Taluk in respect of which the applicant claims
to be entitled tobe registered as an occupant. Where the lands are situated in
more than one Taluk, the application shall be filed before thetribunal of the
Taluk where the greater part of the lands are situated. On receipt of the
applications, the Tahsildar shall sendextracts of the application to the
tribunals concerned. So far as the lands in his Taluk are concerned, the
Tahsildar shall verifythe particulars mentioned in the application with
reference to [the
revenue records including the record of rights whereverthey are prepared and
also note] the same on the application. The public notice and the individual
notice referred to in sub-section (2) of the said section shallbe in Form 8 and
Form 9 respectively.
(2)
Such
notice in addition to being served in the manner laid down in Rule 42 shall
also be published in the chavadi of thevillage concerned and in the offices of
the Village Panchayat and the Tahsildar for a period of not less than
MiscellaneousRepayments of Judicial Deposits.
Rule - 20. Other particulars to be furnished under Section 48-B :-
(1)
[The statement referred to insub- section
(1) of Section 48-B shall contain the following other particulars, namely:-
(i)
class
of land i.e., whether A, B, C or Dmentioned in the Schedule to the Act;
(ii)
whether
there are wells, trees or structures of permanent nature on the lands;
(iii)
details
of the encumbrances and litigation, if any, in respect of the land;
(iv)
name
of legal heir in case of death of claimant.
(2)
[The form of application under Section
48-B, shall be in Form 9-C]
[14]Rule - 20A. Payment of annuity to a widow :-
The annuity payable in the case of a widow, who elects in writing for such
payment shall be the amount determined inaccordance with the principles
specified in sub-section (2) of Section 72. The Deputy Commissioner shall issue
the non-redeemable and non-negotiable annuity bond in Form 9-A. The Tahsildar
shall draw and disburse the amount annually afterpreparing a bill in Form 9-B
duly countersigned by the Assistant Commissioner.]
[15]Rule - 20B. Deposit of amount :-
(1)
When
any amount payable in cash under Section 51 or any other provision of the Act
or Rules made thereunder to anyperson referred to in Section 52 is not received
within three months from the date on which.it becomes payable or is refused
tobe received, such amount shall be credited into the treasury as "Revenue
Deposit".
(2)
The
procedure prescribed in the Karnataka Financial Code shall be applicable for
disposal of the said "Revenue Deposit/]
[16]Rule - 20C. 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 fromearning his livelihood:-
1.
Gross
neurological and mental deficiencies.
2.
Affection
of special senses-eye 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 shallproduce a
certificate from the qualified Government Doctor to that effect.]
Rule - 21. Form of certificate of registration of a tenant as an occupant of land :-
The certificate of registration of a tenant as an occupant of land shall
Miscellaneous Repayments of Judicial Deposits.
[17]Rule - 21A. Grant of assistance under Section 53(1-A) :-
(1)
The
tenant as decided by the tribunal is entitled to be registered as occupant, may
make an application in Form 10-A forgrant of loan to the Primary Land
Development Bank having jurisdiction in the area. A copy of the application
shall be sent tothe concerned Tahsildar.
(2)
On
receipt of the copy of 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 of the Tahsildar, the Primary Land Development
Bank may advance the loan to thetenant and adjust the amount of loan against
the amount payable by the tenant after obtaining an authorisation in this
behalf from the tenant. The amount so adjusted may be remitted to the Tahsildar
for credit to the Government account.]
[18]Rule - 21B. 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 tothe Tahsildar concerned.
(2)
On
receipt of copy of the application, the Tahsildar may after such verification
and enquiry as may be necessary recommendthe 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 thegrantee of surplus land and adjust the amount of
loan against the purchase price payable by the grantee after
obtainingauthorisation in this behalf from the grantee. The amount so adjusted
may be remitted to the Tahsildar for credit to theGovernment account under appropriate
Head of Account.]
Rule - 21C. Issue of certificate of occupancy :-
Immediately on receipt of the final orders passed by the tribunal under Section
48-A, conferring occupancy rights to a tenant,the Tahsildar shall issue a
certificate to such tenant that he has been registered as an occupant.]
Rule - 22. Prescribed authority :-
The Divisional Commissioner of the Division wherein the Headquarters of the
Institution is situate and in the case of Institutions not having Head quarters
in the State, the Divisional Commissioner of his Division where in the greater
part of theproperty of the Institutions is situate shall be the prescribed
authority for the purposes of clause (b) of sub-MiscellaneousRepayments of
Judicial Deposits.
Rule - 23. Form of declaration, etc :-
(1)
The
declaration of holding to be furnished under sub-sections (1) and (2) of
Section 66 shall be in Form 11.
(2)
Suchdeclaration
shall be furnished:-
(i)
in the
case of a person referred to in clause (b) of sub-section (1) of the said
section, within ninety days from the date of acquisition of land in excess of
the ceiling limit; and
(ii)
in the
case of a person referred to in clause (c) of the said sub-section, within
ninety days from the date of completion of irrigation work.
(3)
The
declaration, in addition to the particulars mentioned in the said sub-section
(1) shall contain the following particulars:-
(a)
particulars
of encumbrances and litigation, if any, in respect of such land;
(b)
arrears
of land revenue, if any, due on such land;
(c)
whether
the land is personally cultivated or held by a tenant.
(4)
[(The
declaration of holding to be furnished under sub-section (4) of Section 66,
shall also be in Form No. 11. The declarationshall contain the particulars
specified in sub-rule (3).]
Rule - 24. Enquiry by Tahsildar :-
(1)
On
receipt of the declaration under Section 66, the Tahsildar shall verify the
correctness of the particulars furnishedtherein with reference to the entries
in the record of rights, other documents, if any, produced and by making such
localenquiry and inspection as he considers necessary, either by himself or
through any officer of the Revenue Department not lower in rank than a Revenue
Inspector.
(2)
The
statement under sub-section (2) of Section 67 shall be presented in the office
of the Tahsildar or by sending it byregistered 25-A(l) post within a period of
thirty days from the date of service of the notice issued by the Tahsildar.
(3)
The [Tribunal]
may pass an orderrejecting the land proposed to be surrendered on the following
grounds also, namely:-
(i)
that
it is uncultivable, put-kharab;
(ii)
that
it is under unauthorised cultivation; or
(iii)
that
the title of the person to the land is in dispute before a court or other
competent authority; or
(iv)
that
it is not in compact block; or
(v)
that
it is not unencumbered.Miscellaneous Repayments of Judicial Deposits.
[21]Rule - 24A. Determination of the amount under Section 67-A :-
The tribunal shall, in an enquiry under Section 67A of the Act, follow the
procedure specified for a formal enquiry underSection 33 of the Karnataka Land
Revenue Act, 1964. It shall give to the holder of the surplus land a reasonable
opportunity of being heard and adducing oral and documentary evidence. It may
also examine such other person or persons, and peruse suchother documents as it
considers necessary.]
Rule - 25. Declaration to be filed by Reversioner under Section 69 :-
The declaration under sub-section (2) of Section 69 to be furnished by a
Reversioner Miscellaneous Repayments of JudicialDeposits.
Rule - 25A. Interim payment of annuity :-
(1)
In
respect of the lands of religious and charitable or other institutions capable
of holding property vesting in the StateGovernment under the Act, before the
annuity payable to such institutions is finally determined under Section 106,
the StateGovernment shall pay to the institution concerned as interim payment
an amount equal to seventy-five per cent of theestimated 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 institutionfrom 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 shallbe adjusted towards the annuity so determined and any
deficiency shall be made good to the institution by the StateGovernment 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 theinterim annuity referred to in Miscellaneous
Repayments of Judicial Deposits.
[22]Rule - 25B. 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 No.12-A.
(2)
Commissioner
for Religious and Charitable Endowments shall issue of title deed for the
annuity.]
Rule - 26. Conditions and guidelines for grant of surplus land :-
The disposal of the surplus land under Section 77 shall be subject to the
following conditions and restrictions, namely:-
(i)
the
grantee shall cultivate the land personally;
(ii)
the
land shall not be appropriated for any purpose other than agriculture;
(iii)
[XXXX;]
(iv)
[(the grantee shall before completion of
the first agricultural season after the date of taking possession of the said
land,plant not less than five fruit bearing trees per acre and thereafter
maintain the said trees:]
Provided that it shall be lawful for the grantee to take a loan and
mortgage or create a charge on his interest in the land infavour of the State
Government, the Scheduled Bank and a Co-operative Land Development Bank, a
company, as defined inSection 3 of the Companies Act, 1956 in which not less
than 51 per cent of the paid up share capital is held by the StateGovernment or
a Corporation owned or controlled by the Central Government or the State
Government or both, for thedevelopment of such land or for buying cattle or
Miscellaneous Repayments of Judicial Deposits.
Rule - 26A. 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 fradulent
representation or for contravention of these rules:
Provided that no such cancellation shall be made without giving the
grantee an opportunity of being heard.]
Rule - 26AA. Grant. of surplus land :-
(1)
Out of
the surplus land vesting in the State Government as specified in Section 77,
and remaining after reservation for anypublic purpose under sub-section (3) of
Section 77, fifty per cent shall be reserved for grant to persons belonging to
ScheduledCastes and Scheduled Tribes. The land so reserved shall be distributed
to the following categories to the extent noted against each in the following
order of preference.
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1.
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Dispossessed tenants who are not registered as occupants
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Not exceeding one unit each
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2.
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Displaced tenants having no land
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-do-
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3.
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Landless agricultural labourers
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-do-
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4.
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Landless persons and ex-military
personnel whose gross annual income does not exceed Rs. 2,000
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-do-
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5.
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Released bonded labourers
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-do-
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6.
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Other persons residing
in villages of the same Panchayat and whose
gross annualincome does not exceed Rs. 2,000
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Not
more than the extent required to make up one unit
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Provided that if there are no applications falling under Item 6,
belonging to Scheduled Castes and Scheduled Tribes residing invillages of the
same Panchayat, the land available may be granted to applicants belonging to
Scheduled Castes and ScheduledTribes, but residing in villages of neighbouring
Panchayats.
(2)
The
remaining fifty per cent of the land mentioned in sub-rule (1) shall be
distributed to the following categories of applicants to the extent noted
against each, in the following order of preference:-
[xxx xxx xxx]
(3)
The
Consultative Committee constituted for the Taluk by the Government under Rule
24 of the Karnataka Land Grant Rules,1969 shall be consulted in respect of all
applications for grant of surplus land in the Taluk concerned and its
recommendationsshall be given due consideration by the authority authorised to
grant the land under these rules.]
[Provided that no such consultation shall
be necessary where no consultative committee has been so constituted for the
taluk.
Rule - 26B. Procedure for grant of land by the [28][Deputy Commissioner or any other officer :-
Authorised by the State Government in this behalf]under Section 77.-
(1)
In
respect of all lands, other than those reserved by the Government for any
public purpose under sub-section (3) of Section77, [which
the Deputy Commissioner or any other officer26-C(6) authorised by the State
Government in this behalf isempowered to grant under the said section and he
shall simultaneously publish]
(i)
in the
Office of the Tahsildar of the Taluk; and
(ii)
in the
chawadies of the village and in the office of the Panchayat concerned, a statement
containing the full details of alllands to be granted, inviting applications
from all persons specified in the said section, within fifteen days from the
date of publication of such statement.
(2)
Every
application under sub-rule (1) shall be in Form No. 11-B.
(3)
The [Deputy
Commissioner or any other officer authorised by the State Government in this
behalf] shall after the period of fifteen days specified in sub-rule
(1)consider every application received and may after observing the reservations
and priorities specified in Section 77, grant land.
(4)
Applications received under sub-rule (2)
shall be registered in the order in which they were received in Form No. 11-C]
Rule - 26C. Procedure for grant of land by the Deputy Commissioner or the Officer authorised by the State Government underSection 77-A :-
(1)
Every
person eligible for grant of land under Section 77-A shall make an application
in Form No. 7-A within three monthsfrom the commencement of the Karnataka Land
Reforms (Amendment) Rules, 1998.
(2)
The
Deputy Commissioner or the Officer authorised in this behalf may also take
cognisance suo motu of cases falling underSection 77-A.
(3)
The
Tahsildar of the concerned taluk shall issue individual notice in Form No. 9-D
and public notice in Form No. 8-A to thepersons interested in the land, the
grant of which under Section 77-A is under consideration.
(4)
A list
of such persons covered under sub-rules (1) and (3) shall be entered in a
register, kept in Form 11-CC.
(5)
The
Deputy Commissioner or other Officer authorised in this behalf shall [after
holding summary inquiry in the mannerprovided in Section 34 of the Karnataka
Land Revenue Act, 1964
(Karnataka Act 12 of 1964)]grant land in accordance with Section 77-Aand the
Tahsildar shall issue title deed in Form No. 11-CCC on payment of purchase
price in accordance with Section 78.
(6)
The
first installment of the amount payable for the land granted under Section 77-A
shall be payable in the Second Yearfrom the date of the grant
Provided that where the extent of the land
granted under Section 77-A together with other land, if any held by him does
not exceed ten acres of D Class land, or an extent equivalent thereto
comprising of one or more classes of other land specified inPart A of Schedule
1, determined in accordance with the formula specified in Part B of Schedule I,
he shall be exempted frompaying the purchase price.]
Rule - 27. Period within which first instalment of purchase price shall be payable :-
The first instalment of the purchase price of the land granted [x
x x x x] under Section 77 shall be payable in the Second year from the date of
MiscellaneousRepayments of Judicial Deposits.
Rule - 27A. Disposal of land under sub-section (3) of Section 77 :-
(1)
Land
reserved by the State Government for any public purpose under sub-section (3)
of Section 77, may be used by the StateGovernment for any public purpose or may
be granted by it for any public purpose subject to such conditions and
restrictionsas may be specified therein to the following, in the order of
preference as specified below:-
(i)
Statutory
Boards and Corporations owned or controlled by the State Government;
(ii)
Department
of Government of India;
(iii)
Statutory
Boards and Corporations owned or controlled by the Central Government;
(iv)
The
Bangalore Development Authority constituted under the Bangalore Development
Authority Act, 1976 (Karnataka Act No. 12 of 1976);
(v)
The
Urban Development Authorities constituted under the Karnataka Urban Development
Authorities Act, 1987 (Karnataka Act No. 34 of 1987);
(vi)
Local
Authorities;
(vii)
Agricultural
Universities established under the Universities of Agricultural Sciences Act,
1963 (Karnataka Act No. 22 of 1963);
Explanation.-
For the purpose of clause (vi), Local Authority means a Municipal
Corporation, a Municipal Council, Notified Area Committee,Sanitary Board,
Mandal Panchayat and Zilla Parishad constituted under any law for the time
being in force.
(2)
Value
of the land granted under sub-rule (1) which is payable by the grantee shall be
its market value as may be determinedby the Deputy Commissioner concerned.
(3)
Any
grant of land made under sub-rule (1) shall be liable to be cancelled and the
land resumed by the State Government where the grantee has contravened any of
the conditions specified in the order of grant: Provided that no such
cancellationshall be made without giving the grantee an opportunity of being
heard.
(4)
If the
lands granted are not utilised for the purpose for which they are granted, the
same shall be resumed by the StateGovernment free from all encumbrances. The
State Government shall not be liable to pay any compensation or damages for
thelands so resumed.]
Rule - 27B. Management of surplus lands :-
The procedure specified in Rule 7 shall mutatis mutandis apply for the
management of surplus lands under Section 79.]
Rule - 27C. Issue of a title deed :-
Tahsildar
shall issue a Title Deed in Form No. 11-D to the Grantee on payment of the
purchase price in accordance with Section78.
Rule - 28. Form of declaration and other particulars under Section 79-A :-
The declaration under sub-section (3) of Section 79-A shall be in Form No. 12
and it shall contain the following otherparticulars, namely:-
(1)
class
of land i.e., whether A, B, C or D mentioned in the Schedule to the Act;
(2)
tree
or wells or other structures of permanent nature on the land;
Rule - 29. Enquiry by the Tahsildar :-
(1)
On
receipt of the declaration under sub-section (4) of Section 79-A, the Tahsildar
shall verify the particulars furnished withreference to the entries in the
record of rights and the other documents, if any, produced. The Tahsildar shall
also verify fromthe Income-tax Officer concerned whether such persons has been
assessed to income-tax and if so, the amount and the periodfor which the income
of such persons has been assessed.
(2)
The
statement under said sub-section (4) shall contain the following particulars,
namely:-
(a)
full
particulars of the land such as the survey number, extent, boundaries,
location, assessment.
(b)
whether
the person acquiring such land is land owner or tenant or both or agriculturist
or is partly one and partly theother.
(3)
In
respect of land vesting in the State Government under sub-section (3) of the
said section the Deputy Commissioner shallserve notice on the person in possession
of the land requiring him to deliver within a period specified in the notice
vacant possession of the land. If possession is not delivered within the said
period, the Deputy Commissioner may take possession of the land by summarily
evicting the person in occupation using such force as may be Miscellaneous
Repayments of Judicial Deposits.
Rule - 30 :-
[xxxxx]
Rule - 31. Manner of enquiry :-
(1)
The
Tahsildar shall give to the institution, society, trust, company, association,
body or co-operative society furnishing thedeclaration reasonable opportunity
,of being heard and to adduce evidence both oral and documentary as may be
considerednecessary. He shall also examine such other person or persons,
documents if any, as he considers necessary to ascertain thearea of the land
held by such declarant. After such enquiry the Tahsildar shall prepare a
statement and send it to the DeputyCommissioner. The statement shall contain
the following particulars:-
(a)
Extent
of land;
(b)
Boundaries;
(c)
Assessment;
(d)
Survey
Number;
(e)
Village
and taluk in which it is situated.
(2)
The
Deputy Commissioner shall take possession of the land vesting in the State
Government under sub-section (3) of Section 79-B in the manner specified
Miscellaneous Repayments of Judicial Deposits.
Rule - 32. Form of notice :-
The notice under sub-section (1) of Section 79-C shall be in Form 14.
Rule - 33. Additional conditions on which permission for sale of land under Section 80 may be granted :-
In addition to the
conditions specified in the proviso to Section 80, the following conditions
shall be satisfied for grant of permission under the said proviso, namely, in
the case of a gift, such gift is made bona fide by the owner in favour of a
memberof his family.Miscellaneous Repayments of Judicial Deposit.
Rule - 34. Period for disposal of land :-
The land or interest therein acquired by the institution referred to in clause
(b) of sub-section (1) of Section 81 shall bedisposed of by sale [within
five years from the date of the acquisition.]
Rule - 35. Declaration under Section 81-A :-
(1)
The
declaration to be made by a transferee under sub-section (1) of Section 81-A
shall be in Form No.15. Explanation I.-Where the declaration has been signed by
the transferee, it shall be filed by the transferee, either in person or by an
authorisedagent.Explanation II.-Where the transferee is-
(a)
dead
before filing the declaration, it shall be filed by each legal representative
of the deceased transferee;
(b)
a
minor, lunatic, idiot or one, who is subject to a like disability, the
declaration shall be made and filed by the guardian,manager or other person in
charge of such persons or of the property of such person;
(c)
a
company or other corporate body, the declaration shall be signed and filed by
any person competent to act for suchcompany or body in this behalf.
(2)
One
copy of the declaration referred to in sub-rule (1) shall be forwarded to the
Tahsildar concerned by the registeringauthority. Copies of the declarations filed
during a fortnight shall be forwarded by the registering authority within a
week afterthe expiry of the fortnight by registered post with an invoice in
duplicate showing the number of declarations sent and theregistration numbers
of documents to which the declarations relate. The Tahsildar shall, on receipt
of the declarations, returnthe duplicate copy of the invoice duly acknowledged.
(3)
The
Tahsildar shall verify the correctness of the particulars furnished in the
declaration with regard to the extent of landalready held as well as that of
the land acquired by the transferee by making such local enquiry and inspection
as he considersnecessary either by himself or through any officer of the
Revenue Department not lower in rank than a Revenue Inspector. If the Tahsildar
has reason to believe that there has been contravention of any of the
provisions of the Act in any particular case,he may take such action as he
deems fit in accordance with the provisions of the Act or these rules.
(4)
If the
Tahsildar has reason to believe that a part of the holding of the transferee is
situated within the jurisdiction of another Tahsildar, he may address the
Tahsildar concerned for verification of the correctness of the particulars
furnished inthe declaration relating to such holdings and the later shall
verify the correctness of such particulars in the manner specified insub-rule
(3) and make a report to the former.
Rule - 36. Prescribed authority under Section 82 :-
The Assistant Commissioner of the Revenue Sub-Division in which the land is
situated shall be the prescribed MiscellaneousRepayments of Judicial Deposits.
Rule - 37. Enquiry by the Assistant Commissioner :-
The enquiry to be made by the Assistant Commissioner [under
Sections 83 and 85] ?shall be a summary
enquiry in accordance with theprovisions of Chapter III of the Karnataka Land
Revenue Act, 1964.Miscellaneous Repayments of Judicial Deposits.
Rule - 38. Prescribed authority under Section 104 :-
The Divisional Commissioner of the division in which the land is situated shall
be the authority for the purposes of Section 104.Miscellaneous Repayments of
Judicial Deposits.
Rule - 38A. Conditions of granting exemptions under Section 107(l)(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 existance as on 24th January, 1971, duly
registered with Bangalore Turf Club or anyTurf 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 andmaintenance 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 provisionsof 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 samestable and the same paddock of a Stud Farm).]
Rule - 38B. Conditions and Guidelines for grant of exemption under Section 109 :-
(1)
(a)
Exemption under Section 109, for the purpose of industrial development
including tourism projects may be granted.-
(i)
in
case of Tiny Industry upto one quarter unit of agricultural land, on the
recommendation of the District Level SingleWindow Agency headed by the Deputy
Commissioner;
(ii)
in
case of Small Scale Industry, upto one unit of agricultural land, on the
recommendation of District Level Single Window Agency headed by the Deputy
Commissioner;
(iii)
in
case of Medium and Large Scale Industry having a total investment upto rupees
fifty crores and requiring land upto fiveunits, on the recommendation of the
State Level Single Window Agency headed by the Principal Secretary to
Government,Commerce and Industries Department;
(iv)
in
case of Medium and Large Scale Industry having a total investment of more than
fifty crores and requiring land uptotwenty units, on the recommendation of the
High Level Committee/ Land Audit Committee headed by the Minister in-charge of
Large and Medium Scale Industries.
Explanation.-Tiny and Small Scale Industry, Medium and Large Scale
Industry shall have the same meaning as defined in Government OrderNo. CI 130
SPC 96, dated 15-3-1996 or such other order as may in this behalf be issued
from time to time.
(2)
(b)
while making recommendations for exemption the committees specified in clause
(a), shall be guided by.-
(i)
the
zonal regulations annexed to the comprehensive development plan or outline
-development plan under the KarnatakaTown and Country Planning Act, 1961
(Karnataka Act 11 of 1963);
(ii)
the
suitability of the land for the proposed project of the industrial unit,
keeping in view the locational aspect, availability of infrastructures like
water, power, communication etc., and environmental and ecological aspects; and
(iii)
the
extent of land required, keeping in view the nature and size of the proposed
project, financial outlay, capacity of theenterprenuer, technical feasibility
and economic viability;
(3)
(a)
Exemption under Section 109, for the purpose of Educational Institutions, may
be granted on the recommendation of theDeputy Commissioner within whose local
limits of jurisdiction the educational institution is situate or in the case of
a branch of such institution, such branch institution is situate;
(b) While making recommendation for exemption under this sub-rule, the
Deputy Commissioner shall be guided by.-
(i)
the
zonal regulations annexed to the comprehensive development plan or the outline
development plan under theKarnataka Town and Country Planning Act, 1961
(Karnataka Act 11 of 1963);
(ii)
the
suitability of the land for the proposed purpose;
(iii)
the
necessity and extent of land required keeping in view the nature and size of
the institution.
Explanation.-For the purpose of this sub-rule the term
"Educational Institution" shall include a Hostel or a Vocational
EducationalInstitution.
(4)
(a)
Exemption under Section 109, for the purpose of places of worship, may be made
on the recommendation of the DeputyCommissioner in whose local limits of
jurisdiction the place of worship is situate;
(b) While making recommendation for exemption the Deputy Commissioner
shall be guided by the following, namely.-
(I)
Whether
the place of worship is governed by any of the following Acts, namely.-
(i)
Religious
Endowments Act, 1863 (Central Act 20 of 1863);
(ii)
The
Charitable Endowments Act, 1890 (Central Act 6 of 1890);
(iii)
The
Coorg Temple Fund, Management Regulation, 1892 (Regulation No. 4 of 1892);
(iv)
The
Charitable and Religious Trust Act, (Central Act No. XIV of 1920);
(v)
Karnataka
Religious and Charitable Institutions Act, 1927 (Karnataka Act 7 of 1927);
(vi)
The
Bombay Public Trust Act, 1950 (Bombay Act 29 of 1950);
(vii)
The
Madras Hindu Religious and Charitable Endowment Act, 1951 (Madras Act 19 of
1951);
(viii)
The
Wakf Act, 1995 (Central Act 43 of 1995);
(ix)
The
Hyderabad Endowment Regulation (Fasli 1349) or is registered under the Indian
Trusts Act, 1882 (Central Act 2 of 1882) or under the Karnataka Societies
Registration Act, 1960 (Karnataka Act 17 of 1960) or under any other law for
the timebeing in force.
(II)
(The
zonal Regulations annexed to the Comprehensive Development Plan or Outline
Development Plan under the Town andCountry Planning Act, 1961 (Karnataka Act 11
of 1963).
(III)
(The
suitability of the land for the purpose of place of worship, keeping in view
the maintenance of peace and harmony.Wherever necessary the Deputy Commissioner
shall also obtain a no objection certificate from the concerned local
authority.
(5)
(a)
Exemption under Section 109, for the purpose of a Housing Project, may be made
on the recommendation of the StateLevel Single Window Agency constituted for
this purpose;
(b) While making recommendation for exemption the Single Window Agency
shall be guided by the following, namely.-
(i)
Whether
a no-objection certificate has been obtained by the applicant from the
concerned Planning Authority or the UrbanDevelopment Authority or Local
Authority, as the case may be;
(ii)
The
financial resources, technical feasibility, economic viability, capacity of the
person seeking such exemption, andprovision for public utility, playground and
such other civic amenities, and availability of water and power supply etc.,
(iii)
The
comprehensive project report covering all the aspects;
(iv)
Suitability
of the project from the environmental and ecological aspects;
(v)
any
other relevant consideration.
(c) Exemption granted under this sub-rule shall be subject to the
following conditions.-
(i)
Out of
the total area available for housing, as per land use rlassification under
Outline Development Plan or ComprehensiveDevelopment Plan, published under the
Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of
1963)/orclassified by or under any other law providing for regulation of
housing activity, thirty per cent of the land shall be earmarkedfor Low Income
Group Housing and twenty per cent for Middle Income Group Housing:
Provided that in the case of a housing project on a land not classified
under the Outline Development Plan or ComprehensiveDevelopment Plan, the
project shall be drawn up in consultation with the Director of Town Planning.
Explanation.-For the purpose of this rule Low Income Group Housing and
Middle Income Group Housing means norms as prescribed by theHousing and Urban
Development Corporation from time to time.
(ii)
The
area meant for roads and parks shall be developed by the applicant in
accordance with the project report and thentransferred to the Urban Development
Authority or the Local Authority, as the case may be;
(iii)
(Any
other conditions as the State Government may specify.
(6)
(a)
Exemption under Section 109 for the purpose of Horticulture including
Flouriculture and Agro-based industry, shall bemade.-
(i)
In
respect of a project requiring upto two units of land on the recommendation of
the District Level Single Window Agencyheaded by the Deputy Commissioner;
(ii)
In
respect of a project requiring land in excess of two units but not exceeding
ten units, on the recommendation of the StateLevel Single Window Agency headed
by the Principal Secretary to Government, Agriculture and Horticulture
Department;
(iii)
In
respect of a project requiring more than ten units on the recommendation of the
High Level Committee headed by the Minister in-charge of Agriculture or the
Minister in-charge of Horticulture, as the case may be.
(b) While making recommendation for exemption, the Committee specified
in clause (a) above shall be guided by the following,namely.-
(i)
The
zonal regulations annexed to the Comprehensive Development Plan or Outline
Development Plan under the KarnatakaTown and Country Planning Act, 1961
(Karnataka Act 11 of 1963);
(ii)
The
suitability of the land for the proposed project;
(iii)
the
necessity and extent of land required keeping in view the nature and size of
the project, financial outlay, capacity of theenterprenuer, technical feasibility
and economic viability.
(c) Exemption under this sub-rule shall be granted subject to the
following conditions, namely.-
(I)
Total
area to be used for non-agricultural purpose like office, cold storage,
processing, factory building and staff quartersshall not exceed two units.
(II)
The
land shall be utilised for.-
(i)
growing
flowers; or
(ii)
demonstration,
nursery, research and development activities pertaining to cultivation of new
varieties, stabilisation of process of utilization of agricultural products
etc.; or
(iii)
establishment
of tissue culture laboratory, genetic engineering facilities etc.; or
(iv)
any
other purpose which would promote the growth of agro-based industries as may be
specified by the Department of Commerce and industries in consultation with the
Department of Agriculture and Horticulture, as the case may be.
(III)
The
land shall not be used for growing any agriculture or horticulture based
raw-materials.Miscellaneous Repayments of Judicial Deposits.
Rule - 38C. Conditions and guidelines of exemption under sub-section (1-A) of Section 109 :-
(1)
Grant
of exemption under sub-section (1-A) of Section 109 shall, depending on the
purpose for which the exemption isgranted, be in conformity with Rule 38-B, so
far as they are not inconsistent with the general provisions of these rules.
(2)
All
exemptions under these rules shall be granted subject to clearance by the High
Power Committee headed by the Chief Secretary, constituted under Government
Order No. CI 88 SPF 95, dated 4-11-1995 or such other orders made in this
behalf from time to time.
(3)
The
High Power Committee while giving clearance to the project under this rule
shall ensure, depending on the purpose forwhich exemption is sought, that
Miscellaneous Repayments of Judicial Deposits.
[38]Rule - 38D. Application for grant of exemption :-
(1)
Every
application for exemption under Section 109 shall be made in Form 15-A along
with a Court fee of rupees five to theconcerned Deputy Commissioner.
(2)
Immediately
on receipt of the application the Deputy Commissioner shall cause it to be
entered in a separate registermaintained for each of the category depending on
the extent of land sought to be exempted and the purpose for whichexemption is
sought. [He
shall scrutinize the application in Form 15-A and the documents received from
the applicant and fillup Form 15-AA] and after following the procedure
specified in Rule 38-B, forward the application to the Government.
(3)
(a)
The Deputy Commissioner shall after due verification of the application, in all
cases, where he is not the recommendingauthority, transfer the same to the
concerned recommending authority which shall along with its recommendation
forward it to the Government.
(b) in the case of institution governed under sub-rule (3) of Rule
38-B, the Deputy Commissioner shall send the proposalthrough the Endowment
Commissioner, who shall forward the same to the Government with his views.
(c) in the case of institutions governed under the Wakf Act, 1995,
(Central Act 43 of 1995), the Deputy Commissioner shallconsult the District
Wakf Committee before sending the proposal to the Government.
(4)
The
exemption of land under these rules shall be subject to the following
conditions, namely.-
(i)
land
shall be utilised for the purpose for which it is exemptee within two years
from the date of issue of the Notificationexempting the land and the exempted
shall immediately after the expiry of two years from such date intimate in
writing to theGovernment, through the Deputy Commissioner concerned regarding
the utilisation of the land for the purpose for which it wasexempted. The
Deputy Commissioner shall cause verification of the same by an Officer not
below the rank of the Tahsildarwithin three months from the date of receipt of
such intimation and shall record such verification in a separate
registermaintained for the purpose.
(ii)
The
land shall not be appropriated for any purpose other than the purpose for which
it is exempted:
Provided that it shall be lawful for the exemptee to obtain loan on the
security of the land by creating a mortgage or othercharge over his interest in
the land, in favour of the Government or any Schedule Bank or a Co-operative
Agricultural and RuralDevelopment Bank or a Government company as defined in
Section 3 of the Companies Act, 1956 in which not less than 51 percent of the paid
up share capital is held by the State Government or a Corporation owned or
controlled by the CentralGovernment or the State Government or both.
(iii)
Where
the land is exempted for a non-agricultural purpose such land shall be got
converted for non-agricultural use underthe provisions of the Karnataka Land
Revenue Act, 1964.
(iv)
(Necessary
permission shall be obtained from the concerned, if the exempted land falls
under the ComprehensiveDevelopment Plan or Outline Development Plan.
(v)
Any
other condition as the State Government may by notification specify.]
Rule - 39. Procedure to be followed by Revenue Officers for enquiries :-
Save as otherwise expressly provided in these rules, the Deputy Commissioner or
other officers of the Revenue Department shall for the purpose of any enquiry
or proceedings under the Act follow the procedure specified for a formal
enquiryMiscellaneous Repayments of Judicial Deposits.
Rule - 40. Appeals and applications :-
(1)
Every
appeal, petition, application or other document presented to any authority
shall be presented by the party makingsuch appeal or petition or application,
or other document or by his recognised agent, his pleader or advocate, in the
officeduring the office hours or be sent by registered post addressed to the
authority to whom it is presented by designation:Provided that an agent,
pleader or an advocate shall not be eligible to make any such petition,
application or other document tothe tribunal.
(2)
Every
such appeal or petition, or application or other document shall, unless a Form
is prescribed for the purpose,-
(a)
be
either typewritten or written in ink in clearly legible hand;
(b)
specify
the name, fathers name and postal address of the appellant or applicant and of
the respondent or opponent, as thecase may be;
(c)
contain
a brief statement of the facts of the case;
(d)
state
the provisions of the substantive law under which it is presented;
(e)
clearly
state the grounds of appeal or application and the relief claimed;
(f)
if
filed, after the expiry of the period of limitation, state the reasons for the
delay:
Provided that where the appellant, applicant, or the petitioner wants
the delay to be condoned, he shall file a separateapplication along with an
affidavit explaining the circumstances relied upon, failing which the appeal or
petition or applicationshall be dismissed in limine:
Provided further that every appeal or petition or application or other
document shall be accompanied by a certified copy of theorder in respect of
which the appeal or petition or application or other document has been made and
also by as many truecopies of the appeal memo or petition or application or
other document Miscellaneous Repayments of Judicial Deposits.
Rule - 41. Affidavits :-
(1)
Every
affidavit for use in any office shall set forth the cause title of the appeal
or matter in which it is sought to be used andshall describe every person
making the affidavit in such a manner as will be sufficient to identify him
clearly.
(2)
An
affidavit shall be confined to statements of facts and avoid arguments and when
it contains statements of facts not withinthe declarants personal knowledge but
based on information received by the declarant, he shall state so and that he
believesthem to be true and also give the source of such information wherever
possible and the grounds of his belief, if any.Miscellaneous Repayments of
Judicial Deposits.
Rule - 42. Fee under Section 123 :-
(1)
Every
application made to the court, the Assistant Commissioner, the tribunal or the
Deputy Commissioner or otherauthority under the Act shall bear a court fee
stamp of two rupees:
Provided that the court fee payable in respect of interlocutory
application made during the proceedings shall be twenty-five paise:
[Provided further that the court fee
payable in respect of applications made under Section 48-A [and
Section 38] of the Karnataka Land Reforms Act, 1961 shall be nil.]
(2)
Every
appeal made to the appellate authority under the Act shall bear a court fee
stamp of three rupees.
(3)
Every
appealmade to the Karnataka Appellate Tribunal under the Act shall bear a court
fee stamp of five rupees.
Rule - 43. Manner of service of notice or order under the Act or the Rules :-
Any notice or order issued or made under the Act or these Rules shall be served
on the person concerned in the followingmanner;
(a)
in the
case of any company, society or association of individuals, whether
incorporated or not, be served-
(i)
on the
Secretary or any director or other Principal Officer of the company, society or
association of individuals, as the casemay be; or
(ii)
by
leaving it or sending it by registered post acknowledgement due addressed to
the company, society or association of individuals, as the case may be, at the
registered office, or if there is no registered office, then, at the place
where the company,society or association of individuals, as the case may be,
carries on business;(b) in the case of any firm, be served-
(i)
upon
any one or more of the partners; or
(ii)
at the
principal place at which the partnership business is carried on, upon any
person having at the time of service, thecontrol or management of the
partnership business;
(b)
in the
case of a family, be served upon the person in management of such family or of
the property of such family, in themanner specified in clause (d);
(c)
in the
case of an individual person, be served
(i)
by
delivering or tendering the notice or order to the person concerned or his
Advocate or authorised agent; or
(ii)
by
delivering or tendering the notice or order to some adult member of the family;
or
(iii)
by
sending the notice or order to the person concerned by registered post
acknowledgement due; or
(iv)
if
none of the aforesaid modes of service is practicable, by affixing the notice
or order in some conspicuous part of the last known place of residence or
business of the person concerned; or
(v)
[if the last known place of residence or
business of the person concerned could not be ascertained despite
reasonableefforts in that behalf and service as per clause.
(vi)
also
becomes impracticable, then by affixing the notice or order to some conspicuous
part on the land, if any, to which suchnotice or order refers.]
Rule - 44. Registers to be maintained by the Tahsildar :-
The Tahsildar shall maintain the following registers, namely:-
(1)
Register
of premium recoverable under Section 48-A(7) from the tenants to be registered
as occupants in Form No. 16.
[(1-A) The village-war register for the
applications received under Section 38 in Form No. 2-AA.
(1-B) The Register showing the issue of Certificate of Registration as
owner under Section 38 in Form No. 2-D.
(1-C) Village-war register of applications under Section 48-A, in Form
No. 9-A A.
(1-D) Register of premium recoverable under Section 48-A(7) from the
tenants to be registered as occupants in Form No. 16.]
(2)
Register
of land required to be surrendered to the State Government under Section 67, in
Form No. 17.
(3)
Register
of surplus lands and accounts thereof under Section 77, in Form No. 18.
(4)
Register
of purchase price recoverable under Section 78(1) from the grantees of surplus
land, in Form No. 19.
(5)
Register
of surplus land to be managed under Section 79, in Form No. 20.
Rule - 45. Register to be maintained by the District Court and the Karnataka Appellate Tribunal :-
The District Courts and the Karnataka Appellate Tribunal shall Miscellaneous
Repayments of Judicial Deposits.
Rule - 46. General procedure :-
No
fee shall be levied for service of summons or notices when served by local
delivery through an official. The fee levied, whensuch summons or notices are
sent by registered post, shall be the actual cost incurred.]
Rule - 47. Fees payable for grant of certificate, inspection of records and grant of copies :-
Every authority in charge of any public document shall on application made to
it by any person permit the inspection of anydocument and prepare and give to
him a certified copy of such document on payment of fees hereinafter
prescribed;
(a)
the
fees for grant of certificate other than a certificate under sub-section (2) of
Section 37 [and
a certificate of occupancyright issued under Section 55] shall be two rupees;
(b)
the
fees for inspection of any public document shall be one rupee;
(c)
the
fees for-
I.
Grant
of certified copies of documents shall be as follows:-
|
(i)
For every 100 words or part thereof for copyingFor comparing
|
24
paiseOne-fourth of the above
|
|
(ii) If the original be in tabular form for copying
|
Twice the rate noted above
|
|
(iii) If the copy be given in printed form, for every sheet used
|
10 paise
|
This is in addition to the fees prescribed under (i) and
(ii) above.II. Certified copy of entries of registers:(i)For copying 12 paise
per entry For comparing One-fourth of the above (ii)For the printed form used
10 paise in addition to the above.
Rule - 48. Repeal and savings :-
The Karnataka Land
Reforms Rules, 1965 are hereby repealed:
Provided that the
repeal shall not affect.-
(a)
the previous operation of
the rules so repealed or anything duly done or suffered thereunder; or
(b)
any right, privilege,
obligation or liability acquired, accrued or incurred under any rule so repealed;
or
(c)
any penalty, forfeiture or
punishment incurred in respect of any offence committed against any rule so
repealed; or
(d)
any investigation or legal
proceeding or remedy in respect of any such right, privilege, obligation,
liability or penalty,forfeiture or punishment as aforesaid, any such
investigation, legal proceeding or remedy may be instituted, continued,
orenforced and any such penalty, forfeiture, punishment may be imposed as if
such rules had not been repealed:
Provided further that
anything done or any action taken (including any appointment made,
notification, order, instructions ordirections issued, under any such rules
shall unless such thing done or action taken is inconsistent with the
provisions of the Act as amended by the Karnataka Land Reforms (Amendment) Act,
1973 be deemed to have been done or taken under thecorresponding provisions of
these rules and shall continue to be in force accordingly unless and until
superseded by anythingdone or any action taken under the Act or these Miscellaneous
Repayments of Judicial Deposits.