KARNATAKA LAND REVENUE (SECOND AMENDMENT) RULES, 1999

 

PREAMBLE

Whereas the draft notification amending 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 208 BHUDASA 97(P), dated 28-5-1999 in Part 4, Section 2-C(i) of the Karnataka Gazette, Extraordinary, dated 29-5-1999 inviting objections and suggestions from all the persons likely to be affected thereby within one month from the date of publication of the draft in the Official Gazette.

And whereas the said Gazette was made available to the public on 29-5-1999.

And whereas the objections and suggestions received by the State Government with regard to the said proposal have been considered by the State 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 amend the Karnataka Land Revenue Rules, 1966 as specified below.

Rule - 1. Title and commencement.

(1)     These rules may be called the Karnataka Land Revenue (Second Amendment) Rules, 1999.

(2)     They shall come into force from the date of their publication in the Official Gazette.

Rule - 2. Insertion of new rules.

After Rule 46, the following rules shall be inserted, namely.

"46-A. Qualifications, experience and age for obtaining licence as a licensed Surveyor.

(1)     The qualification and experience for the purpose of issue of a licence under Section 18-A, shall be as follows.

(i)       "Successful completion of job oriented course in land and city survey conducted by the Directorate of Vocational Education in Karnataka; or

(ii)      Diploma in Civil Engineering granted by the Board of Technical Education in Karnataka or Equivalent Qualification:

Provided that persons who have worked in the Survey Settlement Department of Survey of India or Public Sector undertakings or Private Organisation and who have served for not less than ten years involving Land Survey work and who are not in Service on account of resignation or voluntary retirement on superannuation shall be also be eligible for obtaining license as a Licensed Surveyor.

(2)     All persons who have completed 18 years of age but not completed 65 years of age on the date of application for license and who are physically fit to discharge the duties assigned to them are eligible to apply for license as a Licensed Surveyor.

46-B. Training.

All the persons who apply for license have to compulsorily undergo a training of three months and pass such examination conducted by the Survey Settlement Training Institute of Mysore by the Government once in a year, as may be notified.

46-C. License.

Licence shall be issued by the Director of Survey Settlement and Land Records, Bangalore to the successful candidates in the examination conducted by Survey Settlement Training Institute at Mysore on payment of a fee of Rs. 1,000/- for a period of one year subject to renewal every year. The renewal fee shall be Rs. 100/-.

46-D. Register of Licensed Surveyors.

A register of Licensed Surveyors, Division wise, District-wise and shall be maintained in the office of the Director of Survey Settlement and Land Records, in Form 11-A.

46-E. Fee payable to the Licensed Surveyors.

The licensed Surveyors shall be paid a fee of Rs. 300/- for preparing the sketch in accordance with Sections 129 and 131".

46-F. Jurisdiction.

Jurisdiction of the Licensed Surveyor shall be specified in the license.

46-G. Additional particulars to be contained in the sketch.

Every sketch annexed to the report under the third proviso to Section 128 shall also contain the following particulars, namely.

(1)     Information regarding Village/Taluk/District.

(2)     Area Details.

(3)     Kharab details, blockwise.

(4)     Signature of vendor or prospective buyer/person acquiring rights.

(5)     Signature of the Licensed Surveyor with seal.

46-H. Work Specification.

(1)     Licensed Surveyor shall receive applications from the persons acquiring right in the prescribed Form 11-B and collect the measurement fee of Rupees 300/-.

(2)     Before taking up measurement, Licensed Surveyor shall obtain certified copies of necessary survey records from the respective survey offices by remitting a fee as noted under.

Certified copies applied for by the Licensed Surveyor shall be issued on the same day or within a period of three days.

(3)     The Licensed Surveyor shall receive applications for preparation of sketch only in respect of recognised survey or hissa numbers from the persons acquiring right. He shall not entertain applications in respect of Assessed Waste Lands and other Government Lands.

(4)     Licensed Surveyor shall issue a notice well in advance in Form 11-C to the interested parties and to all the adjacent landholders before commencing measurements.

(5)     Licensed Surveyor shall fix the boundaries of survey or hissa number, before sub-dividing survey or hissa number in the pursuance of all interested parties duly recording their statements and draw mahazars in Form 11-D.

(6)     Such sub-divided parcel of land should be well marked on the ground, with boundary marks.

(7)     If there is any dispute regarding the title or extent and of any other nature, the application shall be referred to the Survey Department for disposal as per rules.

(8)     Measurement shall be carried out as provided under sub-rule (4) of Rule 50 of the Karnataka Land Revenue Rules, 1966.

(9)     Licensed Surveyor has to prepare the following records. Hissa Survey Tippan or P.T. Sheet.

Hissa Survey pakka or Gunakar Register.

Sketch in Form 11-E (in duplicate).

Statement in Form 11-D duly signed by all concerned.

(10)   Licensed Surveyor has to submit the documents specified in sub-rule (9) along with the notice specified in sub-rule (4) within one month from the date of measurement to the Taluk Survey Office for scrutiny.

(11)   Taluk Survey office shall issue an acknowledgement to Licensed Surveyor in Form 11-F with probable due date for issue of approved sketch within one week from the date of acknowledgement,

(12)   As far as pending cases are concerned the Government may issue necessary guidelines through a notice.

(13)   Verification fee of Rupees 35/- shall be collected from the Licensed Surveyor in the taluk survey offices.

46-I. Scrutiny of records given by Licensed Surveyor in Taluk Survey Offices.

(1)     The measurements and area recorded in hissa survey tippans/pakka/plain table sheets shall be checked and verified by taluk survey officer with reference to the original survey records like tippan/hissa survey tippan and akarbandh along with Kharab details.

(2)     The concerned taluk supervisor shall further verify and at least the correctness of the records prepared by the Licensed Surveyor.

(3)     The sketch in Form 11-E shall be attested by the Officer concerned in the taluk survey office.

(4)     The scrutiny specified in sub-rules (1) to (3) shall be completed and the attested Form 11-E shall be issued to Licensed Surveyor within seven days from the date of receipt in the office.

(5)     The remaining documents like hissa survey tippan or hissa survey pakka or plain table sheets or gunakar register and one attested sketch in Form 11-E shall be preserved separately, villagewise in the record room with KEY REGISTER in Form 11-G.

46-J. Post registration work in Taluk Survey Office.

(1)     As soon as the receipt of certified mutation along with the copy of sketch in Form 11-E in the taluk survey offices, the same shall be verified with the records already prepared and preserved in the record room.

(2)     If both the documents tally then the ADLR will approve the hissa survey tippan or P.T. Sheet or hissa survey pakka or gunakar register and prepare akarbandh, atlas (in triplicate), along with final form already in use in the Department.

The approved hissa survey tippan or P.T. Sheet or hissa survey pakka or gunakar register shall be incorporated in the original records for preservation. Akarbandh, atlas in duplicate and final form shall be sent to taluk office for incorporation in the record of rights within two weeks from the date of receipt of documents from the Licensed Surveyor in the taluk survey office.

(3)     The taluk surveyor in taluk survey offices has to incorporate these within one week in the respective village records thereon.

46-K. Cancellation of License.

License issued under Rule 46-A shall be cancelled if the Licensed Surveyor contravenes any of the provisions of the Act or the rules, after giving the Licensed Surveyor an opportunity of being heard.

-->

KARNATAKA LAND REVENUE (SECOND AMENDMENT) RULES, 1999

 

PREAMBLE

Whereas the draft notification amending 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 208 BHUDASA 97(P), dated 28-5-1999 in Part 4, Section 2-C(i) of the Karnataka Gazette, Extraordinary, dated 29-5-1999 inviting objections and suggestions from all the persons likely to be affected thereby within one month from the date of publication of the draft in the Official Gazette.

And whereas the said Gazette was made available to the public on 29-5-1999.

And whereas the objections and suggestions received by the State Government with regard to the said proposal have been considered by the State 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 amend the Karnataka Land Revenue Rules, 1966 as specified below.

Rule - 1. Title and commencement.

(1)     These rules may be called the Karnataka Land Revenue (Second Amendment) Rules, 1999.

(2)     They shall come into force from the date of their publication in the Official Gazette.

Rule - 2. Insertion of new rules.

After Rule 46, the following rules shall be inserted, namely.

"46-A. Qualifications, experience and age for obtaining licence as a licensed Surveyor.

(1)     The qualification and experience for the purpose of issue of a licence under Section 18-A, shall be as follows.

(i)       "Successful completion of job oriented course in land and city survey conducted by the Directorate of Vocational Education in Karnataka; or

(ii)      Diploma in Civil Engineering granted by the Board of Technical Education in Karnataka or Equivalent Qualification:

Provided that persons who have worked in the Survey Settlement Department of Survey of India or Public Sector undertakings or Private Organisation and who have served for not less than ten years involving Land Survey work and who are not in Service on account of resignation or voluntary retirement on superannuation shall be also be eligible for obtaining license as a Licensed Surveyor.

(2)     All persons who have completed 18 years of age but not completed 65 years of age on the date of application for license and who are physically fit to discharge the duties assigned to them are eligible to apply for license as a Licensed Surveyor.

46-B. Training.

All the persons who apply for license have to compulsorily undergo a training of three months and pass such examination conducted by the Survey Settlement Training Institute of Mysore by the Government once in a year, as may be notified.

46-C. License.

Licence shall be issued by the Director of Survey Settlement and Land Records, Bangalore to the successful candidates in the examination conducted by Survey Settlement Training Institute at Mysore on payment of a fee of Rs. 1,000/- for a period of one year subject to renewal every year. The renewal fee shall be Rs. 100/-.

46-D. Register of Licensed Surveyors.

A register of Licensed Surveyors, Division wise, District-wise and shall be maintained in the office of the Director of Survey Settlement and Land Records, in Form 11-A.

46-E. Fee payable to the Licensed Surveyors.

The licensed Surveyors shall be paid a fee of Rs. 300/- for preparing the sketch in accordance with Sections 129 and 131".

46-F. Jurisdiction.

Jurisdiction of the Licensed Surveyor shall be specified in the license.

46-G. Additional particulars to be contained in the sketch.

Every sketch annexed to the report under the third proviso to Section 128 shall also contain the following particulars, namely.

(1)     Information regarding Village/Taluk/District.

(2)     Area Details.

(3)     Kharab details, blockwise.

(4)     Signature of vendor or prospective buyer/person acquiring rights.

(5)     Signature of the Licensed Surveyor with seal.

46-H. Work Specification.

(1)     Licensed Surveyor shall receive applications from the persons acquiring right in the prescribed Form 11-B and collect the measurement fee of Rupees 300/-.

(2)     Before taking up measurement, Licensed Surveyor shall obtain certified copies of necessary survey records from the respective survey offices by remitting a fee as noted under.

Certified copies applied for by the Licensed Surveyor shall be issued on the same day or within a period of three days.

(3)     The Licensed Surveyor shall receive applications for preparation of sketch only in respect of recognised survey or hissa numbers from the persons acquiring right. He shall not entertain applications in respect of Assessed Waste Lands and other Government Lands.

(4)     Licensed Surveyor shall issue a notice well in advance in Form 11-C to the interested parties and to all the adjacent landholders before commencing measurements.

(5)     Licensed Surveyor shall fix the boundaries of survey or hissa number, before sub-dividing survey or hissa number in the pursuance of all interested parties duly recording their statements and draw mahazars in Form 11-D.

(6)     Such sub-divided parcel of land should be well marked on the ground, with boundary marks.

(7)     If there is any dispute regarding the title or extent and of any other nature, the application shall be referred to the Survey Department for disposal as per rules.

(8)     Measurement shall be carried out as provided under sub-rule (4) of Rule 50 of the Karnataka Land Revenue Rules, 1966.

(9)     Licensed Surveyor has to prepare the following records. Hissa Survey Tippan or P.T. Sheet.

Hissa Survey pakka or Gunakar Register.

Sketch in Form 11-E (in duplicate).

Statement in Form 11-D duly signed by all concerned.

(10)   Licensed Surveyor has to submit the documents specified in sub-rule (9) along with the notice specified in sub-rule (4) within one month from the date of measurement to the Taluk Survey Office for scrutiny.

(11)   Taluk Survey office shall issue an acknowledgement to Licensed Surveyor in Form 11-F with probable due date for issue of approved sketch within one week from the date of acknowledgement,

(12)   As far as pending cases are concerned the Government may issue necessary guidelines through a notice.

(13)   Verification fee of Rupees 35/- shall be collected from the Licensed Surveyor in the taluk survey offices.

46-I. Scrutiny of records given by Licensed Surveyor in Taluk Survey Offices.

(1)     The measurements and area recorded in hissa survey tippans/pakka/plain table sheets shall be checked and verified by taluk survey officer with reference to the original survey records like tippan/hissa survey tippan and akarbandh along with Kharab details.

(2)     The concerned taluk supervisor shall further verify and at least the correctness of the records prepared by the Licensed Surveyor.

(3)     The sketch in Form 11-E shall be attested by the Officer concerned in the taluk survey office.

(4)     The scrutiny specified in sub-rules (1) to (3) shall be completed and the attested Form 11-E shall be issued to Licensed Surveyor within seven days from the date of receipt in the office.

(5)     The remaining documents like hissa survey tippan or hissa survey pakka or plain table sheets or gunakar register and one attested sketch in Form 11-E shall be preserved separately, villagewise in the record room with KEY REGISTER in Form 11-G.

46-J. Post registration work in Taluk Survey Office.

(1)     As soon as the receipt of certified mutation along with the copy of sketch in Form 11-E in the taluk survey offices, the same shall be verified with the records already prepared and preserved in the record room.

(2)     If both the documents tally then the ADLR will approve the hissa survey tippan or P.T. Sheet or hissa survey pakka or gunakar register and prepare akarbandh, atlas (in triplicate), along with final form already in use in the Department.

The approved hissa survey tippan or P.T. Sheet or hissa survey pakka or gunakar register shall be incorporated in the original records for preservation. Akarbandh, atlas in duplicate and final form shall be sent to taluk office for incorporation in the record of rights within two weeks from the date of receipt of documents from the Licensed Surveyor in the taluk survey office.

(3)     The taluk surveyor in taluk survey offices has to incorporate these within one week in the respective village records thereon.

46-K. Cancellation of License.

License issued under Rule 46-A shall be cancelled if the Licensed Surveyor contravenes any of the provisions of the Act or the rules, after giving the Licensed Surveyor an opportunity of being heard.