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KARNATAKA LAND REVENUE (AMENDMENT) RULES, 2002

KARNATAKA LAND REVENUE (AMENDMENT) RULES, 2002

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.

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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.