With
the formation of the new State of Karnataka, it is considered necessary to have
uniform rules for grant of land for agricultural purposes. Accordingly, in
supersession of all rules and orders in force in South Kanara District,
Kollegal Taluk of Mysore District and Bellary District relating to grant of
land for agricultural purposes, the Government, hereby makes the following
rules. (1)
These rules may be called the Land
Grant (Madras Area and Bellary District) Rules, 1960. (2)
They shall come into force from 15th
October, 1960. (3)
After the coming into force of these
rules no land shall be granted except in accordance with these rules. In
this chapter, unless the context otherwise requires. (a)
"Displaced holder" means a
person deprived of agricultural land owned by him having been acquired for a
public purpose or for a company or for a local authority under the Land
Acquisition Act; (b)
"Displaced tenant" means a
person deprived of agricultural land of which he was a tenant and which land he
was cultivating personally, such land having been acquired for any public
purpose or for a company or for a local authority under the Land Acquisition
Act; (c)
"Ex-servicemen" means
persons who have been prematurely retired from the former Indian Army or from
the Armed Forces of the Union; (d)
"Political Sufferer" means
any person who had gone to jail or suffered substantial loss of property or
income in the cause of Indian Independence as a result of taking part in
movements launched or sponsored by the Indian National Congress or under its
sanction and includes the spouse or child of a deceased Political Sufferer; (e)
"Sufficient holder" means a
person who owns not less than two acres of garden land, or two acres of wet
land having assured irrigation facilities from tanks or channels, or four acres
of other kinds of wet land, or ten acres of dry land; Explanation. If a person owns more than one class of land, the extent of
land owned by him for purposes of this clause shall be determined by converting
the extent of different classes of land into the equivalent extent of dry land
as follows. One
acre of garden land or one acre of wet land having assured irrigation
facilities from tanks or channels shall be deemed to be equivalent to two acres
of other kinds of wet land or to four acres of dry land. (f)
"Insufficient holder" means
a person who is not a sufficient holder; (g)
"To cultivate personally"
means to cultivate land on one's own account (i)
by one's own labour; or (ii)
by the labour of any member of one's
family; or (iii)
by hired labour or by servants on
wages payable in cash or kind but not in crop share under the personal
supervision of oneself or any member of one's family. Explanation. In the case of a Joint Hindu Family, the land shall be
deemed to be cultivated personally, if it is cultivated by any member of such
family. (h)
"Reserved trees" means
Sandal, Teak and such other species of trees as the Government may by order
declare to be reserved in any area or areas as may be specified in the order. The
powers of the different Revenue Officers as regards the grant of land under
these rules shall be as follows and any grant made in contravention of these
provisions shall be void, and any person occupying any land under such a grant
shall be dealt with under the provisions of the Madras Land Encroachment Act,
1905 (Madras Act III of 1905). (1)
The Tahsildar to whom the power of the
Deputy Commissioner in this behalf has been delegated may grant not exceeding
two acres of rain-fed wet land or four acres of dry land, provided the market
value of such land including the value of trees thereon does not exceed three
hundred rupees. (2)
The Assistant Commissioner-in-charge
of a taluk or any Assistant Commissioner appointed by Government to a district,
to whom the duties and powers of the Deputy Commissioner as regards grant of
un-occupied lands are assigned may grant land not exceeding two acres of land
fit for garden cultivation or wet land with assured irrigation facilities from
tanks or channels or four acres of other kinds of wet land or eight acres of
dry land; provided the market value of such land including the value of trees
thereon does not exceed one thousand rupees. [1][Provided further that in respect of grant of un-occupied
lands in South Kanara District to displaced holders and displaced tenants who
are displaced, on account of acquisition of lands for the Mangalore Port
Project, the powers of the Assistant Commissioner shall be exercisable by the
Assistant Commissioners performing the functions of Special Land Acquisition
Officers for the Mangalore Port Project.] (3)
(i) The Deputy Commissioner may grant
land not exceeding five acres of land fit for garden cultivation or wet land
with assured irrigation facilities from tanks or channels or ten acres of other
kinds of wet land or ten acres of dry land: Provided the market value of such
land including the value of trees thereon does not exceed two thousand rupees;
where the market value of such land including the value of trees thereon
exceeds two thousand rupees but does not exceed five thousand rupees, the
Deputy Commissioner may grant the land with the previous sanction of the
Divisional Commissioner; (ii)
Where the grant is made to a displaced holder or a displaced tenant, the Deputy
Commissioner may grant the land up to ten acres of garden land or wet land with
assured irrigation facilities from tanks or channels or twenty acres of any
other kind of wet land or forty acres of dry land, irrespective of the value of
the land; (iii)
The Deputy Commissioner may grant land required for the better enjoyment of the
land held nearby to the land so held up to twenty guntas of garden land or wet
land with assured irrigation facilities from tanks or channels or one acre of
other kinds of wet land or two acres of dry land, provided the market value of
such land does not exceed one thousand and five hundred rupees. The Deputy
Commissioner may, with the previous sanction of the Divisional Commissioner,
also grant land required for
better enjoyment of the land held nearby up to one acre of wet land or two
acres of dry land; provided the market value of such land does not exceed three
thousand rupees. [2][Provided that in respect of grant of un-occupied lands in
South Kanara District to displaced holders and displaced tenants who are
displaced on account of the acquisition of lands for the Mangalore Port
Project, the powers of the Deputy Commissioner shall be exercisable by the
Additional Deputy Commissioner (Harbour and Railways), South Kanara District.] (4)
No grant of land shall be made by the
Deputy Commissioner or other Officer, in any case other than those specified
above, or in excess of the extent prescribed above except with the previous
sanction of the Government. (5)
In respect of determination of the
value of trees for purposes of any of the preceding clauses, where the
estimated value exceeds one thousand rupees, the valuation shall be got
confirmed by the District Forest Officer and where there is a difference of
opinion as regards the value between the Revenue Officer and the District
Forest Officer, the valuation made by the District Forest Officer shall be
deemed to be the value of the trees. (1)
Applications for grant of lands under
the control of the Revenue Department shall be made to the Tahsildar of the
taluk in which the land applied for is situated. It shall be in writing and
shall contain the following particulars, (i)
The name and address of the applicant; (ii)
The extent of land if any already
owned by him or his family if he is a member of a joint family; (iii)
The particulars of the land applied
for; (iv)
Whether he belongs to a Scheduled
Caste or a Scheduled Tribe or is a Political Sufferer or displaced holder or
tenant. Applications
presented to other authorities shall be forwarded by them to the Tahsildar. (2)
The Tahsildar shall immediately on
receipt of an application ascertain if the land in question is available for
grant and is under the control of the Revenue Department. (3)
If the land applied for is not
available for Disposal, the application shall be rejected under intimation to
the applicant provided that where the land applied for is Government land but is not under
the control of the Revenue Department, and the Tahsildar is of the opinion that
such land could be released for cultivation, he shall make a report to the
Deputy Commissioner who shall if necessary take appropriate action to get such
land released for disposal. (4)
All applications for grant of land
under these rules shall be registered in the order in which they are received
in a register which shall be maintained in the Taluk Office in Form 1 of Appendix
A of the Karnataka Land Revenue Rules to be translated. For
determining the lands available for disposal in any village, the Tahsildar
shall prepare a list of the lands which have been or have to be assigned for
special purposes such as for free pasturage, for village cattle, for forest
reserve or for any other public purpose including cattle sheds and stands,
sites for stacking hay and other agricultural produce, manure pits, extension
of Gramatanas, provision of sites for school buildings, play grounds and
gymnasia, sites for other public buildings like Offices of village panchayats
and Co-operative Societies and burial and cremation grounds. Only unoccupied
lands fit for cultivation remaining after reserving sufficient extent for the
aforesaid special purposes, shall be included in the list of lands available for
disposal. No
land with more than twenty-five reserved trees in an acre shall be disposed of
for cultivation except under the special orders of Government. (1)
Lands under the control of the Revenue
Department may be granted to an individual who. (i)
is poor; and (ii)
has attained majority; and (iii)
is either a bona fide agriculturist
cultivating land personally or bona fide intends to cultivate the land
personally. (2)
Notwithstanding anything contained in
sub-rule (1) any individual holding land may be granted for an upset price,
land near to the land so held, if such nearby land is, in the opinion of the
authority granting the land, required for the better enjoyment or better
cultivation of the land so held. (3)
In respect of land granted under this
rule. (i)
the occupancy price payable for dry
land and rain-fed wet land shall ordinarily be not less than ten and not more
than twenty times the assessment of the said land; (ii)
the Occupancy price payable for wet
land with assured irrigation facilities from tanks or channels shall be at such
rates as may be fixed by Government from time to time; (iii)
the occupancy price for garden land
shall be the market value of such land; (iv)
the occupancy price of any other land
shall ordinarily be not less than six times and not more than twenty times the
assessment of the said land. (4)
As a rule land shall be granted on
payment of occupancy price or free of cost to poor and landless persons or
insufficient holders who are eligible for the grant under sub-rule (1). In
special cases where the land is very valuable or where there is no demand for
the land from persons eligible for the grant under sub-rules (1) and (2), the
Deputy Commissioner, or other Officer authorised by him in this behalf, may
sell such land by public auction. (1)
(a) Lands under the control of the
Revenue Department may be granted to a political sufferer who. (i)
is poor; and (ii)
has attained majority; and (iii)
is either a bona fide agriculturist
cultivating land personally or bona fide intends to cultivate the land
personally. (b)
A Political Sufferer who is an insufficient holder may be granted free of cost
under this Rule up to two acres of wet land with assured irrigation facilities
from tanks or channels or four acres of other kinds of wet land or ten acres of
dry land. (2)
The following provisions shall be
applicable to the grant of lands to displaced holders and displaced tenants. (a)
The extent of land granted shall not
exceed the extent of land of which the displaced holder or displaced tenant was
deprived due to the acquisition; Explanation. For purposes of this Rule, one acre of garden land shall be
deemed to be equivalent to one acre of wet land having assured irrigation
facilities from tanks or channels or two acres of other kinds of wet land or
four acres of dry land. (b)
(i) Where the extent of agricultural
land of which the displaced holder or displaced tenant was deprived by the
acquisition was equal to or less than five acres of rain-fed wet land, an equal extent of wet land with assured irrigation
facilities from tanks or channels may be granted. Where such extent exceeds
five acres, five acres plus half the area in excess of five acres may be
granted in terms of wet land with assured irrigation facilities from tanks or
channels; (ii)
Where the agricultural land of which the displaced holder or displaced tenant
was deprived by the acquisition was arecanut garden land, an equal extent of
wet land with assured irrigation facilities under tanks or channels or twice
the extent of other kinds of wet land may be granted; (iii)
Where the agricultural land of which the displaced holder or displaced tenant
was deprived by the acquisition was dry land, an equal extent of dry land or
one-fourth of that extent of wet land with assured irrigation facilities from
tanks or channels or one-half of that extent of other kinds of wet land may be
granted; (iv)
Where the land of which the displaced holder or displaced tenant was deprived
by the acquisition was wet land other than wet land with assured irrigation
facilities from tanks or channels, an equal extent of the same category of land
may be granted. (c)
The extent of land, if any, to be
granted to the displaced holder or displaced tenant shall be such that the
total land held by him, whether as owner or tenant or partly as owner or partly
as tenant, after such grant shall not exceed twenty-five acres of garden land
or wet land with assured irrigation facilities from tanks or channels or forty
acres of other kinds of wet land or seventy-five acres of dry land; (d)
The grant in favour of the displaced
holder or displaced tenant shall not except with the previous sanction of the
Government, exceed ten acres of garden land or wet land with assured irrigation
facilities from tanks or channels or twenty acres of other kinds of wet land or
forty acres of dry land; (e)
A displaced tenant may be granted land
free of cost up to two acres of wet land with assured irrigation facilities
from tanks or channels or four acres of other kinds of wet land or ten acres of
dry land, subject to the condition that he shall pay the betterment
contribution, if any, in respect of that land and also the value of the trees
standing on the land. (3)
Educational Institutions. (a)
Lands under the control of the Revenue
Department may be leased by Deputy Commissioners to Schools, Colleges, Training
Institutions for Social Welfare Workers and Students' Hostels (other than
Government Schools, Colleges and Hostels) recognised by the Director of Public
Instruction or the University, as the case may be, for cultivation by the
students of the schools or colleges or by the inmates of the training
institutions for social welfare workers or the hostels, as the case may be, for
such period not exceeding thirty years as the authority competent to lease the
land deems fit, on an annual rent equal to the land revenue payable in respect
of the land, and subject to the following conditions. (i)
the land should be utilised only for
the purposes for which it is leased; (ii)
the proceeds derived from the land
should be utilised only for the benefit of the institution; (iii)
the land leased under this rule should
not be sub-leased; (iv)
no act which is destructive or
permanently injurious to the land should be done; (v)
the lease may be terminated for
contravening any of the aforesaid conditions, or for non-payment of the rent of
the land for any year, or when recognition to the Educational Institution by
the Director of Public Instruction or by the University, as the case may be, is
withdrawn or by six months notice. (b)
In determining the extent of land to
be leased under clause (a) the Revenue Officer concerned shall have due regard
to the availability of the land in the locality and the number of students or
inmates in the Institution concerned, and the total extent of land which may be
leased shall not exceed ten acres of wet land or twenty-five acres of dry or
rain-fed wet land: Provided
that land in excess of
the aforesaid extent may be leased with the previous sanction of Government. Lands
available for disposal in a village shall be reserved, for grant to the
different categories of persons eligible for such grant, in accordance with the
following provisions. (a)
Where the area of land available for
disposal in any village is less than ten acres, the entire available extent
shall be reserved for grant to applicants belonging to the Scheduled Castes and
Scheduled Tribes who are ordinarily resident in the village. (b)
Where the land available for disposal
in a village is more than ten acres, fifty per cent of the land so available,
subject to a minimum of ten acres, shall be reserved for grant to applicants
belonging to the Scheduled Castes and Scheduled Tribes ordinarily resident in
the village, and the balance of the area may be disposed of to others
ordinarily resident in the village in the order of priority specified in Rule
10. (c)
Where there are no applicants
belonging to the Scheduled Castes or Scheduled Tribes ordinarily resident in a
village or where any land reserved for them under clause (a) or (b) is
available after being granted to applicants belonging to such castes and
tribes, the land reserved for them or the excess land reserved for them, as the
case may be, may be granted to other eligible persons ordinarily resident in
the village in the order of priority specified in Rule 10. (d)
Where after meeting the requirements
of applicants ordinarily resident in the village under clause (c), any land
reserved under clause (a) or (b), is still available for disposal, such land
may be granted to applicants belonging to the Scheduled Castes and Scheduled
Tribes ordinarily resident in neighbouring or nearby villages. (e)
Applicants belonging to Scheduled
Castes and Scheduled Tribes may be granted lands over and above the fifty per
cent of the available land referred to in clause (b) if lands are available and
there are no other applicants. (f)
Where the extent of land available for
disposal in a village is more than ten acres, twenty per cent of the available
land shall be reserved for grant to political sufferers, subject to the minimum
of ten acres being reserved for grant to applicants belonging to Scheduled
Castes and Scheduled Tribes. (g)
Notwithstanding anything contained in
the preceding clauses, applicants who are displaced holders or displaced
tenants who were cultivating personally the land of which they were deprived by
the acquisition, may be granted any available land whether reserved under any
of the preceding clauses or not in preference to all other applicants including
applicants belonging to Scheduled Castes, Scheduled Tribes, and applicants who
are Political Sufferers. (1)
The lands available for disposal in a
village, after reservation of the extent specified in Rule 9 for grant to
members of the Scheduled Castes, Scheduled Tribes and Political Sufferers, may
be granted in the order of preference as indicated below. (i)
Displaced holders and displaced
tenants ordinarily resident in the village; (ii)
Displaced holders and displaced
tenants ordinarily residents in a neighbouring or nearby village; (iii)
Educational Institutions; (iv)
Poor and landless persons ordinarily
resident in the village; (v)
Ex-Servicemen; (vi)
Insufficient holders ordinarily
resident in the village; (vii)
Poor and landless persons ordinarily
residing in neigh- bouring or nearby villages; (viii)
Insufficient holders ordinarily
residing in neighbouring or nearby villages. (2)
Subject to provisions of the preceding
rules every applicant other than displaced holder or displaced tenant or
political sufferer, may be granted two acres of garden land or wet land with
assured irrigation facilities from tanks or channels or four acres of other
kinds of wet land or ten acres of dry land. Land in excess of the aforesaid
extent may be granted, if more land is available. The
grant of land under these rules shall be subject for the following conditions. (1)
In the case of grant of lands to
applicants belonging to the Scheduled Castes and Scheduled Tribes and to other
applicants, who are unable to pay the occupancy price on account of poverty,
the occupancy price may be waived upto rupees two hundred and the balance
recovered in three annual instalments. (2)
In the case of grant of land to
applicants who are ex-servicemen the occupancy price shall be waived upto the
extent awarded by Government under Military Concession Rules. (3)
In the case of grant of land free of
occupancy price, the grant shall be subject to the condition that the grantee
shall pay contribution or betterment levy in respect of the land and the value
of trees standing on the land. (4)
Where the grant is made free of cost,
or when the grant is made at a price which is less than the full market value,
the grant shall be subject to the condition that the land shall not be
alienated for a period of fifteen years from the date of the grantee taking
possession of the land after the grant: Provided
that such land may be alienated with the previous sanction of the Government
and subject to such conditions as the Government may specify, if the Government
is of the opinion that in the circumstances of any case it is just and
reasonable to permit such alienation either for purposes of acquiring some
other land or for any other purpose: Provided
further that nothing in this clause shall apply to. (a)
the alienation of any land in favour
of the State Government or Co-operative Society as security for loans obtained
for improvement of the land or for buying cattle or agricultural implements for
the cultivation of the land, or alienation of any land in favour of the Indian
Coffee Board as security for loans advanced by the Indian Coffee Board under
the Coffee Development Plan; (b)
the leasing of. any land by a person
who is a widow, a minor or who is subject to physical or mental disability or
who is a serving member of the armed forces. (5)
The grantee shall Cultivate the land
personally. (6)
The land shall be brought under
cultivation within two years from the date of the grantee taking possession of
the land. (7)
The grant is liable to be terminated
and the land resumed, if any of the aforesaid conditions is not fulfilled and
on such resumption the land shall vest in Government free from all
encumbrances: Provided
that no land shall be resumed under this clause except after giving an
opportunity to the grantee or his successor in interest to show-cause why the
grant should not be terminated and the land resumed. (1)
Notwithstanding anything contained in
the preceding rules of this chapter, grant of lands for cultivation of coffee,
tea, rubber, cardamom, pepper and cashewnut may be made to any person: Provided
that while making any such grant preference shall be given to applicants
belonging to Scheduled Castes and Tribes and to other poor and landless persons
and insufficient holders: Provided
further that grant of lands for coffee cultivation shall be on a lease basis in
the first instance subject to confirmation after the grantee obtains a license
from the Indian Coffee Board for plan ting coffee on the area so leased within
a period of five years from the date of which lease. (2)
(i) Coffee, Tea and Cardamom
cultivation. An
extent upto fifty acres may be granted to an applicant for coffee or tea or
cardamom cultivation provided the total holding under plantation crops of such
applicant together with the area to be granted does not exceed one hundred
acres; (ii)
Rubber cultivation. An
extent up to twenty-five acres may be granted for cultivation of rubber
provided the total holding under plantation crops of such applicant does not
exceed one hundred acres; (iii)
Pepper cultivation. An
extent up to twenty-five acres may be granted for cultivation of pepper; (iv)
Cashewnut cultivation. An
extent up to twenty-five acres may be granted for cultivation of cashewnut. (3)
(i) Notwithstanding anything contained
in Rule 3, the Assistant Commissioner may grant land fit for the cultivation of
plantation crops mentioned above an area not exceeding five acres, provided the
market value of such land including the value of trees thereon does not exceed
one thousand rupees; (ii)
Notwithstanding anything contained in Rule 3, the Deputy Commissioner may grant
land fit for the cultivation of plantation crops mentioned above an area not
exceeding twenty-five acres provided the market value of such land including
the value of trees thereon does not exceed two thousand rupees; where the
market value of such land including the value of trees thereon exceeds two
thousand rupees but does not exceed five thousand rupees the Deputy
Commissioner may grant such land with the previous sanction of the Divisional
Commissioner: Provided
that where the extent of land to be granted exceeds twenty-five acres in extent
or the value of such land including the value of the trees thereon exceeds
rupees five thousand, previous sanction of Government shall be obtained. (4)
Occupancy Price. The
occupancy price payable in respect of grant of land under this rule shall be
the market value of such land. (5)
Conditions of grant. (i)
The land granted shall not be
alienated for a period of fifteen years from the date of the grantee taking
possession of the land: Provided
that such land may be alienated with the previous sanction of the Government
and subject to such conditions as the Government may specify, if the Government
is of the opinion that in the circumstances of any case, it is just and
reasonable to permit such alienation either for purposes of acquiring some
other land or for any other purpose; (ii)
the area granted shall be brought
under cultivation within five years from the date of the grantee taking
possession of the land; (iii)
the grant is liable to be terminated
and the land resumed if the land is appropriated for a purpose other than that
for which the land is granted, or if any of the aforesaid conditions is not
fulfilled: Provided
that no land shall be resumed under this clause except after giving an
opportunity to the grantee or his successor in interest to show-cause why the
grant should not be terminated and the land resumed. Any
grant of land made under these rules shall be liable to be cancelled and the
land resumed to Government by the authority which granted, is where the grant
has been obtained by making false or fraudulent representations: Provided
that no such cancellation shall be made except after giving an opportunity to
the grantee to show-cause why the grant should not be cancelled. Notwithstanding
anything contained in the proceeding rules in the case of agricultural land
leased by Competent Authority to any person for purposes of cultivation at any
time before the commencement of Land Grant (Madras Area and Bellary District)
Rules, 1960, if such land is available for disposal and if the conditions of
the lease have been complied with, the land may be granted to the lessee. Nothing
contained in these rules shall be deemed to confer on any person any right to
the grant of any land and the authority competent to make or sanction the grant
may pass orders as it deems fit taking all the relevant circumstances into
consideration. Notwithstanding
anything contained in the preceding rules the Government may suo motu or on the
recommendation of the Divisional Commissioner or the Deputy Commissioner if it
is of the opinion that in the circumstances of any case or classes of cases it
is just and reasonable to relax any of the foregoing provisions of these rules,
it may by order direct such relaxation subject to such conditions as may be
specified in the order and thereupon land may be granted in such a case or
class of cases in accordance with such direction. Notwithstanding
anything contained in these rules, the rules and orders in force in the Madras
Area and Bellary District prior to the commencement of these rules shall
continue to apply in respect of lands granted under such rules and orders.LAND GRANT (MADRAS AREA AND BELLARY
DISTRICT) RULES, 1960
PREAMBLE