KARNATAKA
LAND REVENUE (AMENDMENT) RULES, 2002
PREAMBLE
Whereas,
the draft of the following rules further to amend the Karnataka Land Revenue
Rules, 1966 was published as required by sub-section (1) of Section 197 of the
Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964), in Notification
No. RD 17 LGP 2002, dated 8th May, 2002 published in Part IV-A of Karnataka
Gazette, dated 15th May, 2002 inviting objections or suggestions from all the
persons likely to be affected thereby, within 15 days from the date of
publication in the Official Gazette.
And
whereas, the said Gazette was made available to the public on 15th May, 2002.
And
whereas, no objections and suggestions have been received by the Government.
Now,
therefore, 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, namely.
Rule - 1. Short title and commencement.
(1) These rules may be
called the Karnataka Land Revenue (Amendment) Rules, 2002.
(2) They shall come into
force from the date of publication in the Official Gazette.
Rule - 2. Substitution of Rules 62 to 67.
For
Rules 62, 63, 64, 65, 66 and 67 of the Karnataka Land Revenue Rules, 1966
(hereinafter referred to as 'the said Rules'), the following shall be
substituted, namely.
"62. Maintenance of Record of Rights.
(1) The Government may by
notification specify from time to time the software necessary for maintenance
and updation of Record of Rights in Form 16. The Record of Rights stored on the
storage devices shall be deemed to be the original copy of Record of Rights.
(2) On completion of the
initial storage of all Record of Rights in Form 16 of a taluk on storage device
it shall be checked with manually maintained Record of Rights. The Deputy
Commissioners shall issue notifications in Form 17-A directing use of only computerised
Record of Rights for the year mentioned in notification, and from then onwards
all Record of Rights shall be generated in the storage device.
(3) The Tahsildar or any
other officer authorised by the Government by notification, shall on receipt of
information regarding acquisition of rights in land cause to generate, using
the software specified in sub-rule
(a) Form 19-A in case of
succession, survivorship or inheritance; and
(b) Form 20-A in other
cases.
The
Tahsildar or the authorised officer shall also cause to write such details in
Form 18 for all cases of succession, survivorship and inheritance.
(4) On receipt of report
under sub-rule (3), the Tahsildar or the authorised officer shall take the
signature of the person reporting the acquisition in the form and shall deliver
the counterfoil thereof to the said person.
63. Registrar and Sub-Registrar to send
intimation slips to the Tahsildar.
(1) The Registrar or
Sub-Registrar as the case may be shall on receipt of information under Rule 44
on the completion of the preliminary record, send to the Tahsildar, daily
intimation slips in Form 10 of all transactions relating to lands registered in
his office compiled separately for each village. The Registrar or Sub-Registrar
shall also send a consolidated list of all transactions once in a fortnight to
the Tahsildar or to the authorised officer in Form 10-A.
(2) On receipt of
intimation slip from the Registrar or Sub-Registrar in Form 10 or Form 10-A or
on receipt of the report in Form 20-A the Tahsildar or the authorised officer shall
cause the intimation slip to be entered in a Register in Form 10-B village-wise
giving separate serial numbers for each village.
64. Generation of notices and publication of
entries in mutation register.
(1) On receipt of
intimation slip in Form 10 or information in Form 19-A or Form 20-A, the
Tahsildar shall cause the mutation entry in Form 12 and a notice in Form 21 to
be generated in required number using the software specified in sub-rule (1) of
Rule 62 and shall send them to the Village Accountants along with the
information in Form 10 or Form 19-A or Form 20-A as may be appropriate.
(2) Immediately after
receipt of mutation entry in Form 12 from taluk office, the Village Accountant
shall enter the details in the above form in mutation register to be maintained
in Form 12 for each village.
(3) The Form 12 received
from the taluk office shall be exhibited by the Village Accountant in the
chavadi for a period of thirty days.
65. Issue of notices to the persons affected
by mutations.
On
exhibition of Form 12 under sub-rule (3) of Rule 64 and entering of details in
mutation register, copies of Form 21 received from taluk office shall be caused
to be served on all persons by the Village Accountant as required by
sub-section (2) of Section 129. The original notices shall indicate the nature
of service in each case and shall be filed with the concerned records.
66. Checking of mutations,
Objections,
if any, to the entries made in the mutation register, may be preferred within
thirty days from the date of publication of the entries under sub-rule (3) of
Rule 64. If no. objection is received within the period of thirty days, the
entries shall be checked and accepted or rejected by the Revenue Inspector.
After the entries are checked and accepted or rejected, such entries shall be
sent to the Tahsildar or the authorised officer who shall cause it to be
transferred to the Record of Rights Register maintained under sub-rule (1) of
Rule 62.
67. Disposal of disputes.
(1) Objections if any
received within the period specified in Rule 66 shall be entered in the
register of disputed cases maintained in Form 8 and they shall be disposed off
in accordance with sub-rule (2). The fact of objection received in respect of
mutation entry shall be noted in the mutation register in Form 12 against that
entry with a shara 'the entry is rounded off and disposed off in view off the
corresponding entry at serial number.... in Form 8' by the Village Accountant.
This mutation entry then, shall be considered to be disposed off.
(2) The objections
entered in the Register and such other objections as may be made during the
enquiry shall be disposed off in the manner specified in Rule 43 either by
Shirastedar or Tahsildar, The decision in such cases if so required, shall be
entered in the register of mutations in Form 12 afresh and certified by the
Revenue Inspector".
Rule - 3. Substitution of Rules 69,70 and 71.
For
Rules 69, 70 and 71 of the said Rules, the following shall be substituted,
namely.
"69. Appeal during the maintenance
stage.
In
respect of an order passed under Rule 67 by the Shirastedar or Tahsildar as the
case may be, an appeal shall lie to the Assistant Commissioner.
70. Transfer of entries from Mutation
Register to Record of Rights.
(1) Entries in the Record
of Rights in Form 16 maintained in original in taluk offices shall be updated
in accordance with the order passed in the mutation register using the software
provided under sub-rule (1) of Rule 62. The copy of the updated Record of
Rights shall be sent to the concerned Village Accountant within 7 days for his
reference,
(2) (a) In cases
involving measurement, if any difference or discrepancy regarding the relevant
entries in the mutation register and in the Record of Rights Register is
noticed during the measurement, the same may be treated as a fresh mutation and
disposed off as provided in these rules.
(b)
Every updation in, or addition to, the Record of Rights, shall be made after
such updation or additions are made in the Register of Mutations.
71. Fresh provision of Record of Rights.
(1) Whenever the
Assistant Commissioner in charge of the revenue sub-division concerned directs
that for want of space in Record of Rights Register available with Village
Accountants, the same should be again provided to the Village Accountant by the
taluk office, the same shall be provided by the Tahsildar incorporating all the
hissas and rights in force upto the date specified by the Assistant
Commissioner in such direction.
(2) When the copy of
Record of Rights are provided to the Village Accountants under sub-rule (1), he
shall compare it with the copy of Record of Rights maintained by him and
certify the correctness of all Record of Rights being provided afresh. The
Assistant Commissioner
shall
also cause such comparison in respect of not less than five per cent of Record
of Eights and certify the correctness of such Record of Rights".
Rule - 4. Omission of Rule 71-A.
Rule
71-A of the said Rules shall be omitted.
Rule - 5. Substitution of Rule 131.
For
Rule 131 of the said Rules, the following shall be substituted, namely.
"131. Village Accountant to grant
certified copies of certain documents.
(1) All Village
Accountants, and in the cities surveyed under Section 152, all City Surveyors
shall receive applications for and grant certified copies of all registers and
documents, the original of which are in their charge except for Record of
Rights in Form 16 and extract of mutation in Form 12. Village Accountants shall
not issue copies of such documents, which are notified by Government from time
to time in this behalf.
(2) Such copies shall,
after comparison with the original be certified by the Village Accountants or
the City Surveyor, as the case may be, as true and given to the applicants
direct within ten days from the receipt of the application.
(3) The copies of Record
of Rights in Form 16, extract of mutation in Form 12 shall be provided by
Tahsildar or prescribed officer on payment of fees prescribed by notification
issued by Government from time to time using the software specified under
sub-rule (1) of Rule 62. The Tahsildar shall also issue copies of such documents,
notified by Government from time to time in this behalf.
Rule - 6. Insertion of new Form 17-A.
After
Form 17 of the said rules, the following form shall be inserted, namely.
FORM17-A
"(See Rule 62)
Proceedings of the Deputy Commissioner
of.....district
Sub:
Use of computerised RTC in.......taluk of......district from .....
(date)-Regarding.
Preamble:
The.......district
administration has computerised all the RTCs in............taluk of. .....
district. The RTC details as they existed on the manually written RTC for the
above taluk for the year......have been computerised.
The
computerised RTCs have been verified with respect to the manually written RTCs
and it has been ensured that all such computerised RTCs exactly tally with the
manually written RTCs. The RTCs of..... taluk for the year..... onwards will
now be available to public in the taluk office. A software called
"Bhoomi" which has been provided to the above taluk would facilitate
to update RTC by way of mutations of different types and would further
facilitate crop updation.
The
Government has now advised the need of recognising only computerised RTCs for
the year...... and for subsequent years in respect of..... taluk with immediate
effect. Computerised RTCs are deemed to be those printouts of RTCs which are
taken using the taluk computers and the computerised database of RTCs and which
are signed by authorised signatory of taluk office. Hence, the following
orders:
Deputy
Commissioner Order No..... dated.,.,.
I,
..... the Deputy Commissioner of .............. district after careful
consideration now directs that in .... taluk of....... district only the
Computerised RTCs for the year......and for subsequent years (and not the
manual written RTCs) onwards will be valid for any transaction on the land
which is represented by that RTC However, RTCs for the earlier years i.e., for
the year..... arid earlier will still be issued by the revenue officials
manually and would also be valid for all purposes. The Government will not
recognise, from the date of issue of this order, any manually written RTC for
the year...... or for subsequent years for.... taluk. It will also not
recognise any manual corrections on computerised RTCs. All the Government,
Semi-Government and local bodies are advised not to accept any manually written
RTC for the year..... onwards or any computerised RTC, which has been manually
corrected or modified.