MYSORE LAND REVENUE (AMENDMENT) RULES, 1958

 

PREAMBLE

In exercise of the powers conferred by Section 233 of the Mysore Land Revenue Code, 1888 (Mysore Act IV of 1888), as in force in the Mysore Area, the Government of Mysore, hereby makes the following amendments to the Mysore Land Revenue Rules, namely.--

Rule - 1.

In the said Rules.--

For sub-rule (a) of Rule 41, the following sub-rule shall be substituted, namely.--

"(a) (i) When unoccupied land is required, a written application in the Form 1 of Appendix 'D' shall be presented, in person, to the Tahsildar and the Tahsildar shall give a written acknowledgement in Form 1-A of Appendix 'D' to the applicant;

(ii) The Tahsildar shall on receipt of the application verify with reference to the list of lands available for disposal if the land in question is actually available for grant if the land is not available, the application shall be rejected and the applicant informed of the fact of the land not being available;

(iii) If the land applied for is available for grant, the Tahsildar shall cause necessary enquiry to be made to satisfy himself of the eligibility of the applicant for grant of land under these rules and forward all applications received together with his report thereon, to the Sub-Division Officer, where the value of the land including the value of the trees thereon does not exceed Rs. 1,000; and to the Deputy Commissioner direct where the value of the land including the value of the trees thereon exceeds Rs. 1,000;

(iv) On receipt of the report from the Tahsildar under clause (iii), the Sub-Division Officer, or the Deputy Commissioner, as the case may be, shall pass orders thereon in accordance with these rules."

Rule - 2.

In Rule 42, for the words "any occupant", the words "any person residing" shall be substituted, and for the words "about to become an occupant of land" the words "desiring to take land" shall be substituted.

Rule - 3.

For Rule 43, the following rule shall be substituted, namely.--

"43. Grant of land.--

(1)     (a) Lands under the control of the Revenue Department specified in clause (c) shall be granted to an individual who.--

(i)       is poor; and

(ii)      has attained majority; and

(iii)     is either a bona fide agriculturist or bona fide intends to cultivate the land.

(b) The powers of the different Revenue Authorities as regards the grant of land shall be as follows.--

(i)       The Sub-Division Officer may grant not exceeding ten acres of dry or ten acres of rainfed wet land or four acres of irrigated wet land or garden land, provided the market value of such land including the value of trees thereon does not exceed one thousand rupees;

(ii)      the Deputy Commissioner may grant land not exceeding ten acres of dry land or ten acres of rainfed wet land or four acres of irrigated wet land or garden land provided the market value of such land including the value of trees thereon does not exceed one thousand and five hundred rupees; where the market value of such land including the value of trees thereon exceeds one thousand and five hundred rupees but does not exceed three thousand rupees, the Deputy Commissioner may grant the land with the previous sanction of the Divisional Commissioner. Sanction of Government should be obtained in all cases where the land proposed to be granted consists of more than ten acres of dry land or ten acres of rainfed wet land or four acres of irrigated land or garden land, or the market value of the land proposed to be granted, including the value of trees exceeds three thousand rupees.

(c) The provisions of this rule shall be applicable to the grant of the following classes of land, namely.--

(i)       Released date groves;

(ii)      Released forest lands;

(iii)     Released Amrit Mahal Kavals;

(iv)    Excess Gomal lands;

(v)      Assessed waste lands; and

(vi)    Hulbanni Kharab.

(2)     (a) Notwithstanding anything contained in sub-rule (1) any person holding land may be granted, for an upset price, land nearby to the land so held, if such nearby land is, in the opinion of the authority granting the land, required for the better enjoyment of the land so held or for building a farm house or for any agricultural purpose:

Provided that no grant under this sub-rule shall be made to any person more than once.

(b) The Deputy Commissioner may grant under clause (a) up to twenty guntas of wet land or one acre 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 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. Sanction of Government should be obtained if the market value of such land exceeds three thousand rupees.

(3)     The occupancy price (upset price) shall not be arbitrarily fixed but shall represent the actual market value of the land as nearly as it can be ascertained by local enquiries and by the examination of records of sales of similar lands in the neighbourhood, and if necessary of the registration statistics relating to them.

(4)     The Sub-Division Officer shall obtain the order of his superior Officers in regard to the disposal of land likely to be irrigated by new irrigation projects or by improvement of existing projects. The Department of Public Works shall as soon as possible, after any project is taken up for investigation or consideration notify the Revenue Department either generally or specially, the lands which will be affected by the project.

(5)     In all cases of grant of occupancies whether for a price or not, a sum equivalent to the cost of the boundary marks which have been or may have to be constructed on the land shall be collected from the grantees in accordance with such instructions as may be issued by the Government from time to time.

(6)     (a) Every grant of land under Rule 43-A and every grant of registered occupancy of land under clause (a) of Rule 43-H shall be subject to the condition.--

(i)       where the grant is made free of cost, that the land granted shall not be alienated for a period of fifteen years from the date of the grant; or

(ii)      where the grant is made for an upset price or for a reduced upset price, that the land granted shall not be alienated for a period of ten years from the date of the grant:

Provided that nothing in this sub-rule shall apply to.--

(i)       the alienation of any land in favour of the State Government or a 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

(ii)      the leasing of any land by a person who is a widow, a minor or who is subject to physical or mental disability.

(b) If the provisions of clause (a) are contravened, the land granted may be summarily resumed by the Government and such land shall vest in the Government free from all encumbrances and neither the grantee nor the alienee, if any, shall be entitled to any compensation.

(7)     (a) Lands containing ten or more sandal trees of over twelve inches in girth per acre should be reserved to Government or disposed of only in consultation with the Forest Department;

(b) Lands containing a smaller number of such developed trees may be granted for cultivation under the orders of the Deputy Commissioner, who, before passing orders, should get a complete list of both trees and plants of sandal in the land and consider the desirability or otherwise of granting the said land keeping in view the intention of Government to reserve all lands containing thick sandal growth.

(8)     In special cases, where the land is very valuable or where there is no demand for land from persons eligible for the grant of lands under sub-rule (1), the Deputy Commissioner may, with the previous sanction of the Government, sell such land by public auction."

Rule - 4.

In Rule 43-A --

(i)       in sub-rules (1) and (2) for the word, figure and brackets, "sub-rule (3)" the words, figures and brackets "sub-rule (6) of Rule 43", shall be substituted; and

(ii)      sub-rule (3) shall be omitted.

Rule - 5.

In Rule 43-B,

(i)       for sub-rules (1), (2) and (3) the following sub-rules shall be substituted, namely.--

"(1) Lands under the control of the Revenue Department specified in clause (c) of Rule 43 may also be granted to a Political Sufferer who.--

(i)       is poor; and

(ii)      has attained majority; and

(iii)     is either a bona fide agriculturist or bona fide intends to cultivate the land; and

(iv)    is under these rules otherwise eligible for the grant, to the extent to which he is eligible.

(2)   The powers of different Revenue Authorities as regards the grant of lands to political sufferers shall be the same as specified in clause (b) of sub-rule (1) of Rule 43.

(3)   Every grant of land under this Rule shall be subject to the conditions specified in Rule 43-H."

(ii)      sub-rules (4) and (5) shall be omitted.

Rule - 6.

In Rule 43-C--

(1)     in sub-rule (1).--

(a)      for the words "Colleges and Students' Hostels" the words "Colleges, training institutions for social welfare workers and Students' Hostels" shall be substituted; and for the words "or for maintenance of the Hostels" the words "or by the inmates of the training institutions for social welfare workers or the Hostels" shall be substituted;

(b)      in condition (iii), for the words "to Schools or Colleges" the words "under this rule" shall be substituted.

(2)     For sub-rule (3) the following sub-rule shall be substituted namely.--

"(3) The powers of the different Revenue Authorities under this rule shall be as follows.--

(i)       the Sub-Division Officer may lease under sub-rule (1), land not exceeding seven acres of dry land or seven acres of rainfed wet land or two acres of irrigated wet land or garden land, provided the market value of such land including the value of trees thereon does not exceed one thousand rupees;

(ii)      the Deputy Commissioner may lease under sub-rule (1), land not exceeding ten acres of dry land or ten acres of rainfed land or four acres of irrigated wet land or garden land, provided the market value of such land including the value of trees thereon does not exceed one thousand and five hundred rupees; where the market value of such land including the value of trees, thereon exceeds one thousand and five hundred rupees but does not exceed three thousand rupees, the Deputy Commissioner may lease the land with the previous sanction of the Divisional Commissioner; where the market value including the value of trees thereon exceeds three thousand rupees, or where the extent of land exceeds ten acres of dry land or ten acres of rainfed wet land or four acres of irrigated wet or garden land, the Deputy Commissioner may lease the land with the previous sanction of the Government;"

(iii)     In sub-rule (4) for the words, brackets and figures "clauses (i), (ii) and (iii)" the words, brackets and figures "clauses, (i) and (ii)" shall be substituted.

Rule - 7.

After Rule 43-C, the following rules shall be inserted, namely.--

"43-D. Preparation of list of lands available for disposal.--

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 under Section 39 of the Mysore Land Revenue Code, such as for free pasturage for village cattle, for forest reserve or for any other public or Municipal purposes including cattle sheds and stands, sites for stocking hay and other agricultural produce, manure pits, extension of Gramatanas, provision of sites for school buildings, playgrounds and gymnasia, sites for other public buildings like offices of Village Panchayats and Co-operative Societies, and burial and cremation grounds, according to the standards laid down by the Government. 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.

43-E. Reservation of Blocks for Co-operative Farming Societies.--

Where the land available for disposal comprises large blocks of land suitable for co-operative farming, such blocks shall be reserved for grant to co-operative farming societies. Ordinarily, no single block comprising more than 50 acres of garden or wet land or 200 acres of dry and shall be disposed of otherwise than for co-operative cultivation. Released Amrit Mahal Kaval lands or other Government Waste Lands having a block of 50 acres of garden or wet land or 200 acres of dry land, shall be reserved for grant to Co-operative Farming Societies. The Deputy Commissioners of Districts shall prepare schemes in consultation with the Registrar of Co-operative Societies, for organising Co-operative Farming Societies for cultivation of such blocks:

Provided that such lands may be leased under Rule 43-H before the formation of a co-operative farming society, subject to the condition that the lessees shall join the co-operative farming society when established:

Provided also that sufficient land shall be reserved for constructing houses for the members of the societies and for other communal purposes of such members.

43-F. Order of priority for grant of lands.--

(1)     Lands available for disposal as determined under Rule 43-D shall be granted to the various applicants in the following order of priority.--

(1)     Educational institutions;

(2)     Inferior village servants having inadequate service inam lands;

(3)     Co-operative farming societies;

(4)     Poor and landless persons who are permanent residents of the village in the following order.--

(a)      Members of the Schedule Castes and Schedule Tribes;

(b)      Political Sufferers;

(c)      Ex-Servicemen;

(d)      Other persons.

(5)     Applicants from outside the village in the same order of priority as under (4);

(6)     Adjoining insufficient holders who cultivate their lands personally and who have less than one acre of garden land or irrigable land under major irrigation projects or 2 acres of seasonally irrigated land or wet land other than land under major irrigation projects or 5 acres of dry land;

(7)     Other holders of the village who are cultivating their lands personally.

Explanation (1).-- "Sufficient holder" means a person who owns not less than two acres of garden land or land under major irrigation projects, or 4 acres of seasonally irrigated land or wet land other than land under major irrigation projects or 10 acres of dry land. 'In sufficient holder' means a person who is not a 'sufficient holder'.

Explanation (2).-- Only persons who were serving in the Ex-Mysore State Forces and were prematurely retired will be eligible for the priority mentioned for Ex-servicemen.

(2)     Where the number of applicants entitled to the same priority exceeds the number of blocks available for disposal, the allotment shall be made on the basis of lots drawn by the Tahsildar in the presence of such of the applicants as may be present on a day notified well in advance. The actual allotment of blocks to each applicant shall also be on the basis of lots drawn in the presence of the applicants present on the day fixed for such allotment.

43-G. Extent of land which may be granted.--

Ordinarily, every applicant shall be granted one acre of garden land or land under major irrigation projects, two acres of seasonally irrigated land or wet land other than land under major irrigation projects or 5 acres of dry land. Land in excess of the aforesaid extent may be granted, if more land is available, but if in any case the land granted to an applicant together with the land already held by him exceeds, the following limits, the sanction of Government should be obtained.--

Two acres of garden land or land under major irrigation projects or four acres of seasonally irrigated land or wet land, except under major irrigation projects, or ten acres of dry land.

Rain-fed wet land in the Malnad shall be deemed to be dry land for determining the eligibility of an applicant for grant of lands and for determining the extent to be granted.

Explanation.-- If a person is granted or owns more than one class of land, the equivalent extent held by him shall be determined by converting into equivalent dry land as follows.--

One acre of garden land or land under major irrigation projects shall be deemed equal to two acres of seasonally irrigated land or wet land other than land under major irrigation projects, or to 5 acres of dry land.

43-H. All lands to be leased in the first instance.--

(a)      All lands granted under Rule 43-B and 43-F shall in the first instance, be leased to the grantee for a period of five years. The grantee shall, if the conditions of lease have been satisfied, be entitled to be registered as an occupant at the end of the period of lease on payment of an upset price to be fixed in the manner indicated in sub-rule (3) of Rule 43 and intimated at the time of grant of the lease;

(b)      The lessee shall pay to the Government for every year of the lease, rent equivalent to the assessment fixed for the land at the last settlement under the Mysore Land Revenue Code together with the cesses which may be levied from time to time under any law for the time being in force. If no assessment has been fixed for the land in question at the time of the last settlement, the assessment shall be fixed by the Sub-Division Officer or the Deputy Commissioner at the time of grant, having regard to the assessment on similar lands in the locality. The irrigation charges if any leviable under any law for the time being in force shall be payable in addition to the rent;

(c)      All leases under this rule are subject to the condition that the lessee cultivates the land personally.

Explanation.-- A person shall be deemed to cultivate the land personally (a) if he cultivates the land either by his own labour or by the labour of any member of his family, and (b) if he has residence or intends to have residence within one year from the date of the grant on the land or at a place which is within a distance of five miles from the land he intends to cultivate, provided that if there is no inhabited village, within 5 miles from the land, he may reside in the nearest inhabited village.

(d)      All lands leased under this rule shall be liable to be resumed after cancelling the lease if the land is not brought under cultivation within two years from the date of the lease;

(e)      The land shall not be alienated or sub-let during the period of lease except as provided in sub-rule (6) of Rule 43;

(f)       The lessee shall agree to become a Member of a Co-operative Farming Society when established if the land granted in situated in an area reserved for Co-operative Farming Societies.

(g)      The lessee shall not keep the land fallow without reasonable cause and he shall adopt such soil conservation measures as may be recommended by Officers of the Department of Agriculture;

(h)     The rent shall be paid in the same number of installments and in the same proportion as land revenue for the year in question is payable;

(i)       If any remission or suspension of land revenue is granted in any area, the rent payable in respect of lands leased under these rules in such area shall also be remitted or suspended;

(j)       The lease shall be terminated and the land resumed summarily if the rent for any year remains in arrears on the 30th day of June of that year;

(k)      The lease is liable to be terminated and the lands resumed if any of the conditions mentioned in clauses (c), (e), (f) and (g) are not fulfilled;

(l)       If in any village all the registered occupants voluntarily transfer their rights in agricultural land as a gift in favour of the entire village community, no person who has obtained leases of land under this rule shall, notwithstanding anything contained in these rules, be entitled to be registered as an occupant.

43-I. Grant of land to persons whose lands have been acquired for irrigation works.--

Notwithstanding anything contained in these rules Government may direct reservation of Government Waste Lands commanded by a new irrigation project or any other Government lands for grant to persons whose lands get submerged in the project or are acquired for works connected with the project. Applications for grant of land from other persons may be considered in such reserved areas, only after the needs of the persons whose lands are submerged or are acquired, are fully met.

43-J. Grant of land to landless persons by agreement.--

Notwithstanding anything contained in these rules if all the landless persons in a village agree, the available lands may be distributed amongst them without reference to the priority mentioned in sub-rule (1) of Rule 43-F, but subject to the limits specified in Rule 43-G.

43-K. Cancellation of grant or lease.--

Any grant or lease made under these rules shall be liable to be cancelled if it has been obtained by making false or fraudulent representations.

43-L. Rules not applicable to grant of land for raising plantation crops.--

These rules shall not apply to grant of lands for raising plantation crops such as coffee, tea, rubber, cardamom, and for fruit cultivation, including cultivation of cashewnut.

43-M. Government reserve the right to exempt from the operation of these rules any particular case or any class of cases of grant of lands and in such cases, the grant shall be made subject to such terms and conditions as Government may deem fit to impose in each case.

Rule - 8.

In Appendix D--

(i)       for Form I, the following Form shall be substituted, namely.--

 

FORM I

Darkhast Application

 

 

 

Signature of the Applicant.]

(ii)      After Form I, the following Form shall be inserted, namely.--

 

FORM I-A

Endorsement

Your application, dated...............for grant of land in Survey Number...............Village........Taluk.............District..........is registered as No............Tahsildar, Taluk............