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State of Karnataka - Section

Section 48A in Karnataka Land Reforms Act, 1961

48A. Enquiry by the Tribunal, etc.—

(1)Every person entitled to be registered as an occupant under section 45 may make an application to the Tribunal in this behalf. Every such application shall, save as provided in this Act, be made before the expiry of a period of six months from the date of the commencement of section 1 of the Karnataka Land Reforms (Amendment) Act, 1978.
(2)On receipt of the application, the Tribunal shall publish or cause to be published a public notice in the village in which the land is situated calling upon the landlord and all other persons having an interest in the land to appear before it on the date specified in the notice. The Tribunal shall also issue individual notices to the persons mentioned in the application and also to such others as may appear to it to be interested in the land.
(3)The form of the application, the form of the notices, the manner of publishing or serving the notices and all other matters connected therewith shall be such as may be prescribed. The Tribunal may for valid and sufficient reasons permit the tenant to amend the application.
(4)Where no objection is filed, the Tribunal may, after such verification as it considers necessary, by order either grant or reject the application.
(5)Where an objection is filed disputing the validity of the applicant’s claim or setting up a rival claim, the Tribunal shall, after enquiry, determine, by order, the person entitled to be registered as occupant and pass orders accordingly.
(5A)Where there is no objection in respect of any part of the claim, the Tribunal may at once pass orders granting the application as regards that part and proceed separately in respect of the other part objected to.]1
(6)The order of the Tribunal under this section shall be final and the Tribunal shall send a copy of every order passed by it to the Tahsildar and the parties concerned.Provided that the Tribunal may, on the application of any of the parties, for reasons to be recorded in writing, correct any clerical or arithmetical mistakes in any order passed by it.Provided further that the Tribunal may on its own or on the application of any of the parties, for reasons to be recorded in writing correct the extent of land in any order passed by it after causing actual measurement and after giving an opportunity of being heard to the concern-parties.
(7)The person to be registered as an occupant shall pay to the State Government as premium an amount equal to fifteen times the net annual income referred to in sub-section (2) of section 47 in the case of A Class, B Class and C Class lands referred to in part A of Schedule 1 and twenty times such income in the case of D Class land referred to in the said Part A, plus the amount, if any, payable under sub-section (3) of that section:Provided that the premium payable by a permanent tenant shall be six times the difference between the rent and the land revenue of the land.
(8)Where no application is made within the time allowed under subsection (1), the right of any person to be registered as an occupant shall have no effect.