Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 3] [Section 38] [Entire Act]

State of Karnataka - Subsection

Section 38(1) in Karnataka Land Reforms Act, 1961

(1)
(a)If, in any village, an agricultural labourer is ordinarily residing in a dwelling house on a land not belonging to him, then, notwithstanding anything contained in any other law, but subject to sub-sections (2) and (3), such dwelling house along with the site thereof and land immediately appurtenant thereto and necessary for its enjoyment,shall, on the date of publication of the Karnataka Land Reforms (Amendment) Act, 1978 in the official Gazette, vest absolutely in the State Government, free from all encumbrances and the agricultural labourer shall be entitled to be registered as owner thereof.
Explanation:—For the purpose of this clause, an agricultural labourer residing in a dwelling house which is a portion of the house of the owner or which is a temporary residence on such land shall not be regarded as ordinarily residing therein.
(b)Every agricultural labourer entitled to be registered as owner under clause (a), may, make an application to the Tribunal in the prescribed form and manner on or before the 31st day of March, 1983 and the Tribunal shall, after enquiry in the manner specified in or under section 48 A, by order, determine the person entitled to be registered as owner, the dwelling house and land in respect of which he is entitled to be so registered and such other matters as may be prescribed and forward a copy of the order to the Tahsildar.
(c)The Tahsildar shall, on receipt of the order passed under clause (b), determine in the manner specified in sub-sections (1) and (2) of section 47, the amount the land owner shall be entitled to for the extinguishment of his rights in such land. On payment of the amount so determined, to the Government, by the agricultural labourer, the Tahsildar shall issue a certificate to such labourer specifying the extent and such other particulars as may be prescribed relating to such dwelling house and land and that he has been registered as owner thereof. A copy of the certificate shall be forwarded by the Tahsildar to the Sub-Registrar who shall, notwithstanding anything contained in the Registration Act, 1908 (Central Act 16 of 1908) register the same. The owner of the land shall be paid the amount paid by the agricultural labourer in cash in a lumpsum.