In
exercise of the powers conferred by Section 172 of the Hyderabad Land Revenue
Act, 1317 Fasli (Hyderabad Act VIII of 1317 F.), as in force in the Hyderabad
Area, the Government of Karnataka, hereby makes the following rules, namely.-- (a) These rules may be
called the Special Laoni (Hyderabad Area) Rules, 1959. (b) They shall be
applicable to the lands commanded by the Tungabhadra Project in the Hyderabad
Area of the State; (c) They shall come into
force from the date of their publication in the Official Gazette; (d) From the date of the
coming into force of these rules, all existing rules and orders on the subject
in so far as they apply to lands commanded by the Tungabhadra Project in the
Hyderabad Area shall stand repealed; but any action taken or order issued under
the repealed rules shall be deemed to have been done or issued under these
rules. (i) The Government lands
in the ayacut area shall comprise of.-- (a) Paramboke and excess
gairan lands; (b) Karij Khata lands; (c) Lands relinquished by
the cultivators; (d) Tank-bed lands. (ii) The Government may assign
the lands mentioned in sub-rule (i) to poor and deserving agriculturists, for
an upset price except in case of item (d), i.e., lands lying under the tank-bed
which shall be auctioned and the patta of such lands shall be granted to the
highest bidder: Provided
that if the applicants for lands belonging to categories (a) to (c) supra are
not considered poor and deserving, the patta rights of such lands shall also be
disposed of by auction in accordance with the provisions of Section 54 of the
Hyderabad Land Revenue Act. (i) The Government fallow
lands other than tank-bed lands lying in the ayacut area shall be granted on
patta on upset price. The upset price to be charged for the various categories
of lands shall be as follows.-- (a) Paramboke and Gairan
lands Rs. 50 per acre if localised for heavy irrigation and Rs. 30 for light
irrigation and Rs. 25 per acre for dry cultivation; (b) Kharij Khata lands
Rs. 75 per acre under heavy irrigation; (c) Kharij Khata lands
Rs. 50 per acre under light irrigation; (d) Kharij Khata lands
Rs. 35 per acre under dry cultivation. (ii) The price of land so
assigned shall be recovered in 5 equal annual installments, the first
installment to be paid before the issue of letter of assignment; (iii) The full price of the
tank-bed lands shall be paid within fifteen days from the date of sale; (iv) Where Sendhi or Toddy
trees stand on the land under assignment, the price of assignment shall not
include the value of such trees. The value of such trees shall be added to the
price according to the local estimate prepared by the Tahsildar and approved by
the Deputy Commissioner, The
extent of land assigned, together with any land previously held by the
assignee, shall not exceed two acres of garden land or land under heavy
irrigation or four acres of seasonally irrigated land or land under light
irrigation or ten acres of dry land. 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 heavy irrigation shall be deemed equal to two
acres of seasonally irrigated land or land under light irrigation or five acres
of dry land. Lands
to be assigned under Rule 2 shall be granted to the various applicants in the
following order of priority.-- (i) Expropriated ryots; (ii) Educational
Institutions; (iii) Inferior village
servants having inadequate service Inam Lands; (iv) Co-operative Farming
Societies; (v) Poor and landless
persons who are permanent residents of the village in the following order.-- (a) Members of the
Scheduled Castes and Scheduled Tribes; (b) Political Sufferers; (c) Ex-Serviceman; (d) Other persons. (vi) Applicants from
outside the village in the same order of priority as under (v); (vii) Adjoining
insufficient holders who cultivate their lands personally and who have less
than one acre of garden land or irrigable land under heavy irrigation or two
acres at seasonally irrigated land or land under light irrigation or five acres
of dry land. (viii) Other holders of the
village who are cultivating their lands personally. Explanation.-- (1) Insufficient holder
means a person who owns less than two acres of garden land or land under heavy
irrigation or four acres of seasonally irrigated land or land tinder light
irrigation or ten acres of dry land. (2) Expropriated ryot
means a person whose lands are acquired for a public purpose including
construction, maintenance or control of irrigation works or for a company under
the Hyderabad Land Acquisition Act. (a) A Laoni Advisory
Committee consisting of Officials and Non-Officials shall be formed in each
Taluk, coming under the Ayacut by the Deputy Commissioner of the district and
with the approval of the Divisional Commissioner; (b) The Committees shall
examine the extent of lands available for assignment in each village and shall
make suitable recommendations regarding their assignment to suitable persons in
accordance with these rules. Save
in exceptional circumstances no land shall be assigned in a village unless
adequate provision for "Gairan" exists in the village. Ten per cent
of the total cultivable area under gairan shall be normally deemed to be
adequate for this purpose. (1) (a) The land assigned
shall not be alienated for a period of ten years from the date of grant,
provided that nothing in this sub-rule shall apply to.-- (i) 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 (ii) the leasing of any
land by a person who is widow, or minor, or who is subject to physical or
mental disability. (b)
if the provisions of clause (a) are contravened,, the land assigned may be
summarily resumed by the Government and such land shall vest in the Government
free from all encumbrances and neither the grantee for the alienee, if any,
shall be entitled to any compensation. (2) All assignments are
subject to the condition that the assignee cultivates the land personally. Explanation.-- A person shall be
deemed to cultivate the land personally if he cultivates the land either by his
own labour or by the labour of any member of his family, and 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 lands he intends to cultivate: Provided that if there is no inhabited
village within 5 miles from the land, he resides in the nearest inhabited
village. (3) The assignee shall
develop half of the land before the end of the second year and the entire land
before the end of the third year: Provided
that the Deputy Commissioner may extend the said period if he is satisfied that
the land could not be thus developed for any valid reasons. (4) In case of failure to
comply with the conditions in sub-rules (2) and (3) the land assigned shall be
forfeited and the upset price or any other investment by the assignee shall not
be refunded. He shall also not be entitled to any compensation for any
expenditure he might have incurred on the land. (5) The land assigned
shall be considered as patta land for the purposes of Jamabandi and for
advancing of takavi and other Government loans. (6) A regular patta shall
be issued only after the last installment of the upset price is paid. (1) Any person desiring
to take up unoccupied land shall submit a petition to the Tahsildar in writing.
This application need not be stamped. (2) The village patwari
shall furnish to any person desirous of so applying full information regarding
the nature of the land available for being granted for cultivation. No fee
shall be charged for giving such information and if the applicant is
illiterate, the patwari himself, if requested to do so, shall assist in writing
application. (3) The application shall
be registered in the order in which they are received in a register to be kept
for this purpose, for each kind of land. (4) Each application on
being duly entered in the registers shall be forwarded by the Tahsildar to the
Revenue Inspector of the Circle concerned in which the village is situated for
submission for a detailed report. (5) The application for
grant of patta of unoccupied lands should contain the following particulars.-- (1) Name of village, and
taluk where the patta of unoccupied land is applied for. (2) Survey number, extent
and the revenue of the land applied for. (3) Name of the applicant
with father's name. (4) Address of the
applicant clearly stating details of village, taluk and district. (5) Whether the applicant
possesses any land either in his name or in the name of his nearest relatives.
If so, extent and nature of the land already held by him. (6) The Revenue Inspector
shall maintain a register showing the particulars of the applications received
from the Tahsil Office. He shall then issue a notice giving 15 days time calling
for objections, if any, and fixing a date for inspection of the land. Copies of
such notice shall be served on the applicant and on the adjoining landholders.
A copy of the same shall also be fixed on the notice board of the village
chawdi so that proper publicity may be given to find out if there are any
objections by other claimants for the assignment of the land applied for. (7) On the date fixed for
inspection, the Revenue Inspector shall proceed to the village and in the
presence of the applicant and of such of the adjoining landholders as may be
present, the Village Officials and the other prominent persons of the village,
draw up a panchanama mentioning therein the nature of the land applied for, the
extent required and all other relevant information about other applicants who
indicate their willingness to take up the land and he shall prepare a sketch of
the land applied for, showing its approximate position in relation to other
lands of the village. He shall also obtain on the sketch the signature, or
thumb impression, if illiterate, of the applicant, to confirm his application
for the particular land. (8) The Revenue Inspector
shall make a report enclosing the said panchanama and sketch giving full
information as regards the total extent of the land under each head available
in the village, the nature of the land applied for the bona fide nature of the
application and other relevant matters, and submit it to the Tahsildar within a
month from the date of receipt of the application from the Tahsildar. (9) On receipt of such
report from the Revenue Inspector the Tahsildar shall place the applications
before the local Loan Advisory Committee who, after due examination, shall make
suitable recommendations to the Deputy Commissioner through the Assistant Commissioner
concerned regarding the assignments to be made. (10) The Deputy
Commissioner shall pass final orders of assignment in accordance with these
rules. If in any exceptional case, any departure from these rules is deemed
necessary, the Deputy Commissioner shall obtain approval of Government before
making any order of assignment.SPECIAL
LAONI (HYDERABAD AREA) RULES, 1959
PREAMBLE