KARNATAKA LAND REFORMS (SECOND AMENDMENT) ORDINANCE, 2020

[Ordinance No. 23 of 2020]

PREAMBLE

An Ordinance further to amend the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962) and for matters connected therewith or incidental thereto;

Whereas the Karnataka Legislative Assembly and the Karnataka Legislative Council are not in session and the Governor of Karnataka is satisfied that the circumstances exist which render it necessary for him to take immediate action to promulgate the Ordinance for the purposes hereinafter appearing;

Now, therefore, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Karnataka is pleased to promulgate the following Ordinance, namely:-

Ordinance 1. Short title and commencement.

(1)     This Ordinance may be called the Karnataka Land Reforms (Second Amendment) Ordinance, 2020.

(2)     Sections 2, 3, 4, 5, 6, 10 and 11 shall be deemed to have been come into force with effect from the 1st day of March 1974 and remaining provisions shall be deemed to have come into force with effect from the 13th day of July, 2020.

Ordinance 2. Amendment of section 70.

In the Karnataka Land Reforms Act, 1961 (Karnataka Act 10 of 1962) (hereinafter referred to Principal Act),in section 70, in sub-section (1), the words, figures and letter "not being a person disentitled to hold lands under section 79A" shall be omitted.

Ordinance 3. Amendment of section 72.

In the Principal Act, in section 72, in subsection (1), the figures, word and letters "79A and 79B" shall be omitted.

Ordinance 4. Omission of section 79A.

In the Principal Act, section 79A shall be omitted.

Ordinance 5. Omission of section 79B.

In the Principal Act, section 79B shall be omitted.

Ordinance 6. Omission of section 79C.

In the Principal Act, section 79C shall be omitted.

Ordinance 7. Amendment of section 80.

In the Principal Act, in section 80,-

(i)       in the heading, for the words "Transfer to non-agriculturists barred" the words "Restrictions on transfer of certain lands" shall be substituted;

(ii)      in sub section (1),-

(a)      clause (b) shall be omitted;

(b)      for sub clause (i), the following shall be substituted, namely:-

"(i)   in case of A-class irrigated land, who does not use for agriculture purpose; or";

(c)      in sub-clause (ii), for the words "who being an agriculturist holds as owner" the words "who holds as a owner" shall be substituted;

(d)      sub-clause (iii) shall be omitted;

(e)      sub-clause (iv), shall be omitted; and

(f)       the proviso shall be omitted.

Ordinance 8. Insertion of new section 80-A.

In the Principal Act, after section 80, the following shall be inserted, namely:-

"80-A. Restriction on lands granted to the Scheduled Castes or Scheduled Tribes.-

No conditions laid down in this Act shall be relaxed in respect of lands granted, during the period of prohibition under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (Karnataka Act 2 of 1979)."

Ordinance 9. Amendment of section 81.

In the Principal Act, in section 81,-

(i)       for the heading, the following shall be substituted, namely:-

"81. Restriction on Sale or Mortgage of Agriculture Land"

(ii)      in sub-section (1), the words, figures and letters "section 79A or section 79B or" shall be omitted.

(iii)     after sub section (2), the following shall be inserted, namely:-

"(2-A) No mortgage of agriculture land shall be made in favour of any person, other than the institutions specified in clause (a) and (b) of sub section (1).

Ordinance 10. Amendment of section 104.

In the Principal Act, in section 104, the figures, word and letters "79A and 79B" shall be omitted.

Ordinance 11. Amendment of section 109.

In the Principal Act, in section 109,-

(i)       in sub-section (1), the figures and letters "79A, 79B" shall be omitted; and

(ii)      in sub-section (1A), the figures and letters "79A, 79B" shall be omitted.

Ordinance 12. Savings.

(1)     Notwithstanding the omission of sections 79A, 79B and 79C with effect from 1st day of March 1974, all cases finally disposed off before the promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020 (Karnataka Ordinance 13 of 2020)shall remain unaffected by the said Ordinance.

(2)     All cases pending before any Court, tribunal or other authority competent under the provisions of the principal Act on the date of promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020 (Karnataka Ordinance 13 of 2020) pertaining to sections 79A, 79B and 79C shall hereby stand abated.

Ordinance 13. Repeal and Savings.

(1)     The Karnataka Land Reforms (Amendment) Ordinance, 2020 (Karnataka Ordinance 13 of 2020) 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 principal Act, as amended by this Ordinance.