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State of Karnataka - Section

Section 67 in Karnataka Land Reforms Act, 1961

67. Surrender of land in certain cases.—

(1)
(a)Save as provided in section 66A, on receipt of the declaration under section 66 the Tahsildar shall,—
(i)verify the particulars contained therein as regards the survey number and the extent of the land;
(ii)determine to which class, A, B, C or D, the land belongs; and
(iii)place the declaration and the connected records before the Tribunal.
(aa)Where a portion of the holding declared before a Tahsildar is situated within the jurisdiction of another Tahsildar, the former shall send a copy of the declaration to the latter, who shall make the verification and determination specified in item (i) and (ii) of clause (a) in respect of such portion and send the copy of the declaration and the connected records to the former Tahsildar, who shall place them before the Tribunal.
(b)Thereupon and after such enquiry as may be prescribed, the Tribunal shall determine the extent of the holding and the area by which such extent exceeds the ceiling area.
(c)Where the total extent of the holding so determined by the Tribunal is equal to or less than the ceiling area, the person concerned shall be entitled to retain his entire holding; but where the total extent is more than the ceiling area, such person shall be liable to surrender such extent of land as will, after such surrender, bring the total extent of land retained by him to the extent of the ceiling area.
(d)The order of the Tribunal shall be final and shall be communicated to the person concerned and also the Tahsildar.
(1A)Where the land held by a family consist of ‘stridhana’ land which may be surrendered, the extent of ‘stridhana’ land to be surrendered shall in no case be more than the proportion which the extent of ‘stridhana’ land bears to the extent of other land held by the family.
(1B)Where a person holds lands cultivated by him personally as well as lands cultivated by a tenant, the surrender of surpluas land by him shall with reference to the land cultivated by a tenant, be subject to the provision of Chapter III.
(2)The Tribunal shall serve on every person who is liable to surrender land under sub-section (1), a notice specifying therein the extent of land which he should surrender, and requiring him to file a statement in such manner and within such period as may be prescribed specifying therein the land which he proposes to surrender.
(3)If the person concerned files such declaration within the prescribed period, the Tribunal may subject to the provision of sub-section (3A) pass an order approving the surrender and the said land shall thereupon be deemed to have been surrendered by such person.
(3A)If the land proposed to be surrendered is not suitable on the ground of inaccessibility or any other ground that may be prescribed, the Tribunal may pass an order rejecting it and call upon the person concerned to file a fresh statement specifying therein other suitable land. On the filing of such statement the Tribunal shall pass an order approving such surrender and the said land shall thereupon be deemed to have been surrendered by such person. If such person fails to file a fresh statement, the Tribunal may itself select the land which shall be surrendered by such person and pass an order to that effect and thereupon the said land shall be deemed to have been surrendered by such person.
(4)If the person concerned does not file such statement within the prescribed period, the Tribunal may itself select the land which shall be surrendered by the person concerned, and pass an order to that effect; and thereupon the said land shall be deemed to have been surrendered by such person.
(5)An order under sub-section (3), (3A) or (4) relating to surrender of land shall be passed in respect of land which, as far as practicable, forms a survey number, or a recognised part of survey number of a sub-division of a survey number.