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State of Karnataka - Act

Karnataka Land Reforms Act, 1961

KARNATAKA
India

Karnataka Land Reforms Act, 1961

Act 10 of 1962

Published in Gazette 10 on 5 March 1962
Assented to on 5 March 1962
Commenced on 5 March 1962
[This is the version of this document from 5 March 1962.]
[Note: The original publication document is not available and this content could not be verified.]

The Karnataka Land Reforms Act, 1961[5th March, 1962](Act No. 10 of 1962)

An Act to enact a uniform law relating to land reforms in the State of Karnataka.WHEREAS it is expedient to enact a uniform law in the State of Karnataka relating to agrarian relations, conferment of ownership on tenants, ceiling on land holdings and for certain other matters hereinafter appearing;BE it enacted by the Karnataka State Legislature in the Twelfth Year of the Republic of India as follows:—

Chapter I
Preliminary

1. Short title, extent and commencement.—

(1)This Act may be called the Karnataka Land Reforms Act, 1961.

(2)It extends to the whole of the State of Karnataka

(3)It shall come into force on such date as the State Government may, by notification, appoint.

2. Definitions.—

(A)In this Act, unless the context otherwise requires,—

(1)“agriculture” includes,—

(a)acquaculture;

(aa)horticulture;

(b)the raising of crops, grass or garden produce;

(c)dairy farming;

(d)poultry farming;

(e)breeding of livestock;

(f)grazing;

(g)Agro based Industries;

(h)Agro Processing Industries;

(i)post harvest operations and agri-infrastructure.

but does not include the cutting of wood only;

(2)“agricultural labourer” means a person whose principal means of livelihood is manual labour on land and includes an artisan whose principal means of livelihood is preparation of agricultural implements;

(3)“agriculturist” means a person who cultivates land personally;

(4)“Amendment Act” means the Karnataka Land Reforms(Amendment) Act, 1973;

(4A)Deleted;

(5)“appointed day” means the date appointed under sub-section (3) of section 1;

(5A)“Assistant Commissioner” means an Assistant Commissioner appointed under the Karnataka Land Revenue Act, 1964 and includes a Special Assistant Commissioner for Land Reforms and an Additional Special Assistant Commissioner for Land Reforms appointed by the State Government to exercise all or any of the powers of the Assistant Commissioner under this Act;

(6)Deleted;

(7)“ceiling area” means the extent of land which a person or family is entitled to hold under section 63;

(8)“co-operative society” means a co-operative society as defined in the Karnataka Co-operative Societies Act, 1959;

(9)“co-operative farm” means a co-operative farm registered as provided in section 91;

(9A)“Court” means the Court of Munsiff within the local limits of whose jurisdiction the land is situate;

(10)“to cultivate” with its grammatical variations and cognate expressions means to till or husband the land for the purpose of raising or improving agricultural produce whether by manual labour or by means of cattle or machinery, or to carry on any agricultural operation thereon; and the expression “uncultivated” shall be construed correspondingly;Explanation.—A person who takes up a contract to cut grass, or to gather the fruits or other produce of any land, shall not on that account only be deemed to cultivate such land;

(11)“to cultivate personally” means to cultivate land on one’s own account,—

(i)by one’s own labour, or

(ii)by the labour of any member of one’s family, or

(iii)by hired labour or by servants on wages payable in cash or kind, but not in crop share, under the personal supervision of oneself or any member of one’s family;

Explanation I.—In the case of an educational, religious or charitable institution or society or trust, of a public nature capable of holding property, formed for educational, religious or charitable purpose, the land shall be deemed to be cultivated personally if such land is cultivated by hired labour or by servants under the personal supervision of an employee or agent of such institution or society or trust;Explanation II.—In the case of a joint family, the land shall be deemed to be cultivated personally, if it is cultivated by any member of such family.Explanation III.— Deleted;

(12)“family” means,—

(a)in the case of an individual who has a spouse or spouses, such individual, the spouse or spouses and their minor sons and unmarried daughters, if any;

(b)in the case of an individual who has no spouse, such individual and his or her minor sons and unmarried daughters;

(c)in the case of an individual who is a divorced person and who has not remarried, such individual and his minor sons and unmarried daughters, whether in his custody or not; and

(d)where an individual and his or her spouse are both dead, their minor sons and unmarried daughters;]1

(12A)“financial institution” means,—

(i)a banking company as defined in the Banking Regulation Act, 1949;

(ii)the State Bank of India constituted under the State Bank of IndiaAct, 1955;

(iii)a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959;

(iv)a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970;

(v)the Agricultural Refinance and Development Corporation constituted under the Agricultural Refinance Corporation Act, 1963;

(vi)the Karnataka State Agro-Industries Corporation, a company registered under the Companies Act, 1956;

(vii)the Agricultural Finance Corporation Limited, a company incorporated under the Companies Act, 1956; and

(viii)any other institution notified by the State Government as a financial institution for the purpose of this Act;]1

(13)Deleted;

(14)Deleted;

(15)“improvement” means, with reference to any land, any work which adds to the productivity of the land and which is suitable thereto and consistent with the purpose for which it is held and which, if not executed on the land, is either executed directly for its benefit or is, after execution, made directly beneficial to it; and, subject to the foregoing provisions, includes,—

(a)the construction of tanks, wells, water channels, embankments and other works for the storage, supply or distribution of water for agricultural purposes;

(b)the construction of works for the drainage of land or for the protection of land from floods, or from erosion or other damage from water;

(c)the planting of trees or plantation crops and the reclaiming, clearing, enclosing, levelling or terracing of land;

(d)the erection of buildings on or in the vicinity of the land, elsewhere than in the municipal or urban area, reasonably required for the convenient or profitable use or occupation of the holding; and

(e)the renewal or reconstruction of any of the foregoing works, or alterations therein or additions thereto; but does not include temporary wells and such water-channels, embankments, levellings, enclosures or other works, or petty alterations or repairs to such works, as are commonly made by cultivators of the locality in the ordinary course of agriculture;

Explanation.—A work which benefits several lands may be deemed to be an improvement with respect to each of such holdings;

(16)“intermediary” means any person who, not being a land-owner, has an interest in the land, and is entitled, by reason of such interest, to possession thereof, but has lawfully transferred such possession to others;

(17)“joint family” means in the case of persons governed by Hindu Law, an undivided Hindu family, and in the case of other persons, a group or unit the members of which are by custom joint in estate or residence;

(18)“land” means agricultural land, that is to say, land which is used or capable of being used for agricultural purposes or purposes subservient thereto and includes horticultural land, forest land, garden land, pasture land, plantation and tope but does not include house-site or land used exclusively for non-agricultural purposes;

(19)“landless person” means a person who, holding no land whether as owner or tenant, earns his livelihood principally by manual labour on land, and intends to take to the profession of agriculture;

(20)“landlord” means a person who has leased land to a tenant and includes a person entitled to receive rent from a tenant.Explanation.—An intermediary such as a permanent tenant or mulgenidar, mirasi-tenant or khata kul who having taken land on lease from the land-owner has leased it to another person shall be deemed to be the landlord with reference to the person to whom the land is leased;

(21)“land-owner” means an owner of land and includes a trustee or mortgagee with possession thereof;

(21A)“land revenue” means all sums and payments received or claimable by or on behalf of the State Government from any person on account of land held by or vested in him as fixed at a settlement of land revenue current in the area in which the land is situated.Explanation.—In the case of any village in which settlement of land revenue has not been made, an amount equal to the land revenue assessment levied on the same extent of similar land in an adjoining village in which settlement of land revenue has been made shall be deemed to be the land revenue for purposes of this clause;

(21B)“limited owner” means any person entitled to a life estate in any land and includes persons deriving rights through him.Explanation.—A person who has right to enjoy land during his life time shall be deemed to be a limited owner notwithstanding that he has no power to alienate the land;

(22)“notification” means a notification published in the official Gazette;

(23)“permanent tenant” means a tenant who cultivates land personally,—

(a)the commencement or duration of whose tenancy cannot satisfactorily be proved by reason of antiquity of such tenancy; or

(b)whose name or the name of whose predecessor-in-title has been entered in the record of rights or in any public record or in any other revenue record as a permanent tenant; or

(c)who by custom, agreement or the decree or order of a court holds the land on lease permanently; or

(d)who holds land as mulgenidar, mirasdar or khata kul; and includes any person whose tenancy is under the provisions of any law presumed to be co-extensive with the duration of the tenure of the landlord;

(24)Deleted;

(25)“plantation crops” means cardamom,coffee, pepper, rubber and tea;

(26)“prescribed” means prescribed by rules made under this Act;

(27)“protected tenant” means a tenant of any land if he has held it continuously and cultivated it personally for a period of not less than twelve years prior to the appointed day, and includes,—

(i)in the Belgaum Area, a person who was recognised to be a protected tenant under section 4A of the Bombay Tenancy and Agricultural Lands Act, 1948, as in force in that Area before the appointed day, and

(ii)in the Gulbarga Area, a person who was deemed to be a protected tenant under the Hyderabad Tenancy and Agricultural Lands Act, 1950, as in force in that Area before the appointed day;

Explanation.—(i) If the tenant came to hold the land by inheritance or succession from another person or if he has held such land as a tenant and is an heir to such other person, the period during which such other person held such land as a tenant shall be included in calculating the period of twelve years under this clause;

(ii)If the tenant holding the land held, as a tenant, at any time within the twelve years before the appointed day from the same landlord in the same village, any other land which he cultivated personally, the period during which he held such other land shall be included in calculating the period of twelve years under this clause;

(iii)Where any land is held by two or more persons jointly as tenants all such persons shall, if any, one of them cultivated and continues to cultivate such land personally be deemed to be protected tenants in respect of such land;

(iv)If a tenant had sublet a land on account of any temporary disability, he shall be deemed, for purposes of his acquiring rights of a protected tenant, to continue in possession and cultivate the land personally for the period of the sub-lease;

(28)“rent” means money paid or payable by a tenant on account of the use and occupation of the land held by him;

(29)“Scheduled Bank” means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934;

(29A)“Scheduled Castes” means the Scheduled Castes specified in respect of the State of Karnataka or in respect of any area thereof, in the Constitution (Scheduled Castes) Order, 1950;

(29B)“Scheduled Tribes” means the Scheduled Tribes specified in respect of the State of Karnataka]2 or in respect of any area thereof, in the Constitution (Scheduled Tribes) Order, 1950;

(30)“seaman” means a person including a master, pilot or apprentice, employed or engaged as a member of the crew of a ship or sailing vessel to which the Merchant Shipping Act, 1958 (Central Act 44 of 1958) applies;Provided that if a question arises whether any person is a serving member of the armed forces of the Union such question shall be decided by the State Government, and its decision shall be final;

(31)‘small holder’ means a land owner owning land not exceeding twounits whose total net annual income including the income from such landdoes not exceed ten thousand rupees;

(31A)“soldier” means a person in the service of the Armed Forces of the Union and for purposes of resumption of land and transfer of the resumed land includes in the case of a soldier who has died while in service as such soldier, the father, the mother, the spouse, the child and the grand child who were dependent upon such soldier at the time of his death:Provided that if a question arises whether any person is a soldier or whether any soldier has died while in service as such soldier, such question shall be decided by the State Government, and its decision shall be final;

(32)“stridhana land” means any land held by any female member of a family in her own name;

(32A)“Tahsildar” includes a Special Tahsildar empowered by the State Government to exercise all or any of the powers of the Tahsildar under this Act;

(33)“tenancy” means the relationship of landlord and tenant;

(34)“tenant” means an agriculturist who cultivates personally the land he holds on lease from a landlord and includes,—

(i)a person who is deemed to be a tenant under section 4;

(ii)a person who was protected from eviction from any land by the Karnataka Tenants (Temporary Protection from Eviction) Act, 1961;

(iia)a person who cultivates personally any land on lease under a lease created contrary to the provisions of section 5 and before the date of commencement of the Amendment Act.

(iii)a person who is a permanent tenant; and

(iv)a person who is a protected tenant.

Explanation.—A person who takes up a contract to cut grass, or to gather the fruits or other produce of any land, shall not on that account only be deemed to be a tenant;

(35)“Tribunal” means the Tribunal constituted under section 48;

(35A)“Unit” means one acre (40.47 ares) of A Class land, the soil classification value of which is fifty paise (eight annas) and above or an extent equivalent thereto consisting of one or more classes of other land specified in Part A of Schedule I determined in accordance with the formula in Part B of the said Schedule.

(36)"unmarried daughter” means a daughter who has never been married;

(37)“village” means a village recognised as such in the revenue accounts.

(B)Words and expressions used in this Act but not defined shall have the meaning assigned to them in the Karnataka Land Revenue Act, 1964, and the Transfer of Property Act, 1882, as the case may be.

(C)Deleted;

Chapter II
General Provisions Regarding Tenancy.-

3. Extension of Transfer of Property Act to agricultural land in Gulbarga Area and application of Chapter V of that Act to tenancies and leases.—

(1)The Transfer of Property Act, 1882 (Central Act V of 1882) shall extend to agricultural land in the Gulbarga Area, and the terms “property” and “immoveable property” in the said Act shall include agricultural land.

(2)The provisions of Chapter V of the Transfer of Property Act, 1882, shall, in so far as they are not inconsistent with the provisions of this Act, apply to the tenancies and leases of lands to which this Act applies.

4. Persons to be deemed tenants.—

A person lawfully cultivating any land belonging to another person shall be deemed to be a tenant if such land is not cultivated personally by the owner and if such person is not,—

(a)a member of the owner’s family, or

(b)a servant or a hired labourer on wages payable in cash or kind but not in crop share cultivating the land under the personal supervision of the owner or any member of the owner’s family, or

(c)a mortgagee in possession:

Provided that if upon an application made by the owner within one year from the appointed day,—

(i)the Tribunal declares that such person is not a tenant and its decision is not reversed on appeal, or

(ii)the Tribunal refuses to make such declaration but its decision is reversed on appeal, such person shall not be deemed to be a tenant.

5. Prohibition of leases, etc.—

(1)Save as provided in this Act, after the date of commencement of the Amendment Act, no tenancy shall be created or continued in respect of any land nor shall any land be leased for any period whatsoever.

(2)Nothing in sub-section (1) shall apply to,—

(a)a tenancy created or continued by a soldier or seaman if such tenancy is created or continued while he is serving as a soldier or a seaman or within three months before he became a soldier or a seaman.

(b)to any land leased after the commencement of the Karnataka Land Reforms (Amendment) Act, 1995 in the districts of Uttara Kannada and Dakshina Kannada by land owners or persons registered as occupants under the provisions of this Act for the purpose of utilising the land for acquaculture for a period not exceeding twenty years, at such lease rent as may be determined by mutual agreement between the parties and such agreement shall be registered and a copy thereof shall be sent to the Deputy Commissioner within fifteen days from the date of such registration.

(3)Every lease created under sub-section (2) shall be in writing.

6. Tenancy not to be terminated by efflux of time.—

No tenancy of any land shall be terminated merely on the ground that the period fixed for its duration whether by agreement or otherwise has expired.

7. Restoration of possession to tenants dispossessed in certain circumstances.—

(1)A person who or whose predecessor-in-title held any land as a tenant before the tenth day of September, 1957 and who after that date and before the appointed day, has been dispossessed from such land either by surrender of the tenancy or by eviction, may, within fifteen months from the appointed day apply to the tribunal for the restoration of his tenancy unless on the appointed day the land has been put to non-agricultural use.

(2)On receipt of an application under sub-section (1), the Tribunal shall inquire into the circumstances in which and the procedure under which such dispossession took place and if it is satisfied that such dispossession took place as a result o,—

(a)surrender and the consent of the tenant was procured by fraud, misrepresentation or undue influence or pressure of any kind whatsoever or was otherwise in contravention of the provisions of the law applicable for the time being; or

(b)expiry of the duration of tenancy; or

(c)any act of the landlord or any person acting on his behalf without recourse to a court of law or in contravention of any provision of law, the Tribunal shall order the restoration of possession of the land and the tenancy thereof to the tenant: Thereupon such land shall be deemed to have vested in the State Government and the provisions of the Act shall apply to such tenant as if he had been ordered to be registered as an occupant under sub-section (5) of section 48A.

Provided that the Tribunal shall not order restoration of possession of the land, if 1 it is satisfied that the land is held on lease bona fide by a tenant who is not a member of the family of the landlord, or the dispossession, by surrender of the tenancy or by eviction, took place in accordance with any provision of law, or that another person, not being the landlord, is legally entitled to possession of the land.

(3)Sub-sections (1) and (2) shall have effect notwithstanding that another person not being a person referred to in the proviso to sub-section (2), may be in possession of the land as a tenant or otherwise, and where such other person is so in possession he shall be liable to be evicted.

8. Rent.—

(1)Subject to the provisions of this Act and notwithstanding anything in any law, custom, usage, agreement, decree or order of a Court to the contrary,—

(a)the rent payable in respect of any land by the tenant shall be payable annually; and

(b)such rent shall be the aggregate of ten times the land revenue and ten times the water rate, if any, payable in respect of such land,

Provided that in the case of A Class, B Class and C Class lands (other than lands specified in item (ii) of C Class) referred to in Part A of Schedule I, the amount of water rate to be taken into account shall not exceed the amount specified below:—

(i)A Class lands .. Rupees sixteen and paise fifty per acre

(ii)B Class lands .. Rupees eleven per acre.

(iii)C Class lands other than lands .. Rupees five and paise fifty

specified in item (ii) of that class .. per acre:Provided further that where the rent payable by a tenant under any contract is less than the rent specified in clause (b), such tenant shall not be liable to pay more than such rent and where under any contract made prior to the date of commencement of the Amendment Act such lesser rent is payable in kind, the amount payable shall be calculated by converting rent in kind to its cash equivalent in the prescribed manner:Provided also that in any area notified as malnad area the rent in respect of lands specified as dry land, but used exclusively for grazing or removing leaves, shall be equal to the land revenue payable for such land.Provided also that the rent payable by a tenant to the soldier or seaman shall be,—

(a)in the case of A or B class of land, one-fourth of the gross produce or its value in cash which in any case shall not exceed rupees five hundred per acre; and

(b)in the case of any other class of land, one-fifth of the gross produce or its value in cash which in any case shall not exceed rupees two hundred and fifty per acre; or the contract rent whichever is less.

Explanation.—For the purpose of this proviso, the gross produce per acre or its value in cash shall be determined as may be prescribed.Explanation.—In this section ‘water rate’ means the water rate payable in respect of land classified for purposes of land revenue settlement as dry land and irrigated by water obtained from any source of water which is the property of the State Government.

9. Rent when deemed as paid and dispute regarding rentpayable.—

(1)Where the landlord evades receiving the rent and giving a receipt, the tenant shall be deemed to have paid the rent if he sends the same by postal money order to or deposits it with the Tahsildar.

(2)A dispute between the landlord and the tenant as regards the rent payable shall, on the application of the landlord or the tenant, be determined by the Tahsildar.

10. Rights and liabilities of landlord.—

Notwithstanding any law, usage or agreement or the decree or order of a court, but save as otherwise provided in this Act, in the case of land in respect of which the rent is payable under section 8,—

(a)the landlord shall not be liable to make any contribution towards the cost of cultivation of the land in the possession of a tenant;

(b)Deleted;

(c)no landlord or any person on his behalf shall recover or receive rent in kind or in terms of service or labour.

10A. Liability to pay land revenue, etc.—

Notwithstanding any law, custom, usage, agreement, decree or order of a Court, the tenant shall, with effect from the date of commencement of the Amendment Act, be responsible for the payment of the land revenue, water rate and all cesses or fees levied thereon to the State Government or a local authority in respect of the land held by him on lease.

11. Refund of rent recovered in contravention of provisions of the Act.—

If any landlord or any person on his behalf recovers rent from any tenant in contravention of the provisions of section 8, 9 or 10, the landlord shall forthwith refund the excess amount so recovered to the tenant and shall be liable to pay such compensation to the tenant as may be determined by the Tahsildar in this behalf, and shall also be liable to such penalty not exceeding twice the excess amount recovered, as the Tahsildar may fix.

12. Abolition of all cesses, etc.—

Notwithstanding any agreement, usage or law, it shall not be lawful for any landlord to levy any cess, rate, premium, huk or tax or service of any description or denomination whatsoever from any tenant in respect of any land held by him as a tenant other than the rent lawfully due in respect of such land.

13. Suspensions, remissions or reduction of rent.—

(1)Whenever from any cause the payment of the entire land revenue payable to the State Government in respect of any land is suspended or remitted, the landlord shall suspend or remit, as the case may be, the payment to him of the rent of such land by his tenant. If in the case of such land the land revenue is partially suspended or remitted, the landlord shall suspend or remit the rent payable by the tenant of such land in the same proportion.

(2)If no land revenue is payable to the State Government in respect of such land and if from any cause, the payment of the whole or any part of the land revenue payable to the State Government in respect of any other land in the neighbourhood of such land has been suspended or remitted, the Deputy Commissioner shall, subject to the general or special orders of the State Government, in the manner provided in sub-section (1), suspend or remit, as the case may be, the payment to the landlord of the rent or part of it due in respect of such land.

(3)No suit or other proceeding shall lie and no decree or order of a civil court or other authority shall be executed for recovery by a landlord of any rent, the payment of which has been remitted, or during the period for which the payment of such rent has been suspended under this section. The period during which the payment of rent is suspended under this section shall be excluded in computing the period of limitation prescribed for any suit or proceeding for the recovery of such rent.

(4)Deleted;

(5)If any landlord fails to suspend or remit the payment of rent as provided in this section, he shall be liable to refund to the tenant the amount recovered by him in contravention of this section. The tenant may apply to the Tahsildar for the recovery of the amount, and the Tahsildar may, after an inquiry, make an order for the refund, and for payment of such penalty not exceeding the amount so recovered, as the Tahsildar may fix.

(6)The Tahsildar may, after inquiry, on an application by the tenant or landlord at any time during the currency of the tenancy,—

(a)reduce the rent payable for any year, if he is satisfied that on account of the deterioration of the land by flood or other cause beyond the control of the tenant, the land has been wholly or partially rendered unfit for cultivation, or there has been damage to crops;

(b)Deleted;

14. Deleted;

15. Resumption of land by soldier or seaman.—

(1)A soldier or a seaman who has created or continued a lease in accordance with the provisions of section 5 shall, subject to the provisions of this Act, be entitled to resume land to the extent of the ceiling area whether his tenant is a protected tenant or not.

(2)The soldier or the seaman shall, if he bona fide requires the land to cultivate personally, issue a notice to the tenant requiring him to deliver possession of the land within the period specified in the notice, which shall not be less than the prescribed period.

(3)The notice referred to in sub-section (2) shall be given,—

(i)in the case of a soldier in service in the Armed Forces of the Union, at any time not later than one year from the date on which he is released from the Armed Forces or is sent to the reserve;

(ii)in the case of the father, mother, spouse, child or grand-child of a soldier, within one year from the date of the death of such soldier; and

(iii)in the case of a seaman, within one year from the date on which he ceases to be a seaman.

(4)If the tenant fails to deliver possession of the land within the period specified in the notice, the soldier or the seaman may make an application to the Tahsildar within whose jurisdiction the greater part of the land is situated, furnishing the prescribed particulars for eviction of the tenant and delivery of possession of the land.

(5)On receipt of such application, the Tahsildar shall issue a notice to the tenant calling upon him to deliver possession of the land to the soldier or the seaman within such time as may be specified in the notice, which shall not be less than the prescribed period and if the tenant fails to comply, the Tahsildar may summarily evict the tenant and deliver possession of the land to the soldier or the seaman.

(6)Where the Tahsildar, on application by the tenant or otherwise and after such enquiry as may be prescribed, is satisfied that a notice as required by sub-section (2) is not issued, he shall, by notification, declare that with effect from such date as may be specified in the notification the land leased shall stand transferred to and vest in the State Government free from all encumbrances. The Tahsildar may take possession of the land in the prescribed manner and the tenant shall be entitled to be registered as an occupant thereof. The provisions of section 45 shall mutatis mutandies apply in this behalf.

16. 17. 18. Deleted;

19. Restriction on transfer of resumed land.—

(1)Notwithstanding anything contained in any other law or in section 80, no land resumed from a tenant shall within fifteen years from such resumption be transferred by sale, gift, exchange or otherwise:Provided that such land may be sold to the tenant who on resumption had been evicted from that land, at a value to be determined by the Tahsildar.Provided further that such land may be sold by the father, the mother, the spouse, the child or the grand child of a soldier who has died while in service and who was dependent upon such soldier at the time of his death.

(2)Notwithstanding anything contained in sub-section (1), it shall be lawful for a landowner to take a loan and mortgage or create a charge on his interest in the land in favour of the State Government, a financial institution, a co-operative land development bank, a co-operative society, a company as defined in section 3 of the Companies Act, 1956 in which not less than fifty-one per cent of the paid up share capital is held by the State 1962. Government or a Corporation owned or controlled by the Central Government or the State Government or both, for development of land or improvement of agricultural practices; and without prejudice to any other remedy provided by any law, in the event of his making default in payment of such loan in accordance with the terms and conditions on which such loan was granted, it shall be lawful to cause his interests in the land to be attached and sold and the proceeds to be utilised in payment of such loan.]1

20. Failure to cultivate, etc.—

(1)Subject to section 19, where a person who has taken possession of any land by evicting a tenant in order to cultivate it personally or use it for non-agricultural purposes, fails within one year from the date he took possession or ceases within three years from such date to do so, the Tahsildar shall, on application by such tenant or otherwise, if satisfied that such person has so failed or ceased, declare by notification, that with effect from such date as may be specified therein the land shall stand transferred to and vest in the State Government free from all encumbrances.

(2)When the land has so vested, such tenant shall, if he makes an application for the purpose within twelve months from the date of the notification under sub-section (1), be entitled to be registered as occupant thereof and the provisions of Chapter III shall mutatis mutandis be applicable in this behalf.

21. Sub-division, sub-letting and assignment prohibited.—

(1)No sub-division or sub-letting of the land held by a tenant or assignment of any interest therein shall be valid: Provided that nothing in this sub-section shall affect the rights, if any, of a permanent tenant:Provided further that if the tenant dies,—

(i)if he is a member of a joint family, the surviving members of the said family, and

(ii)if he is not a member of a joint family, his heirs, shall be entitled to partition and sub-divide the land leased, subject to the following conditions:—

(a)each sharer shall hold his share as a separate tenant;

(b)the rent payable in respect of the land leased shall be apportioned among the sharers, as the case may be, according to the share allotted to them;

(c)the area allotted to each sharer shall not be less than a fragment;

(d)if such area is less than a fragment the sharers shall be entitled to enjoy the income jointly, but the land shall not be divided by metes and bounds;

(e)if any question arises regarding the apportionment of the rent payable by the sharer it shall be decided by the Tahsildar:

Provided that if any question of law is involved the Tahsildar shall refer it to the Court. On receipt of such reference the Court shall, after giving notice to the parties concerned, try the question as expeditiously as possible and record finding thereon and send the same to the Tahsildar. The Tahsildar shall then give the decision in accordance with the said finding.

(2)Notwithstanding anything contained in sub-section (1), it shall be lawful for a tenant who is a soldier in service in the Armed Forces of the Union or a seaman to sub-let the land held by him as a tenant.

(3)Notwithstanding anything contained in sub-section (1), it shall be lawful for a tenant to take a loan and mortgage or create a charge on his interest in the land in favour of the State Government, a financial institution, a co-operative land development bank, a co-operative society, a company as defined in section 3 of the Companies Act, 1956 in which not less than fifty one per cent of the paid up share capital is held by the State Government or a Corporation owned or controlled by the Central Government or the State Government or both, for development of land or improvement of agricultural practices; and without prejudice to any other remedy provided by any law, in the event of his making default in payment of such loan in accordance with the terms and conditions on which such loan was granted, it shall be lawful to cause his interest in the land to be attached and sold and the proceeds to be utilised in payment of such 1oan.

22. Eviction of tenant for default, etc.,—

(1)Notwithstanding any agreement, usage, decree or order of a court of law, or anything contained in any enactment or law repealed by section 142 or in any other law in force before the commencement of such enactment or law and subject to the provisions of section 15, no person shall be evicted from any land held by him as a tenant except on any of the following grounds, namely:—

(a)that the tenant has failed to pay the rent of such land on or before the due date during two consecutive years, provided the landlord has issued every year within three months after the due date, a notice in writing to the tenant that he has failed to pay the rent for that year;

(b)that the tenant has done any act which is permanently injurious to the land;

(c)that the tenant has sub-divided, sublet or assigned the land in contravention of section 21;

(d)that the tenant has failed to cultivate the land personally for a period of two consecutive years;

(e)that the tenant has used such land for a purpose other than agriculture:

Provided that no tenant shall be evicted under this sub-section unless the landlord has given three months notice in writing informing the tenant of his decision to terminate the tenancy and the particulars of the ground for such termination, and within that period the tenant has failed to remedy the breach for which the tenant is proposed to be evicted.Explanation.—A tenant shall be deemed to have failed to pay rent payable by him to the landlord for any year, if he does not pay it before the end of June next after the expiry of the year.

(2)Nothing in sub-section (1) shall apply to the tenancy of any land held by a permanent tenant unless by the conditions of such tenancy the tenancy is liable to be terminated on any of the grounds mentioned in the said subsection.

(3)Notwithstanding anything contained in sub-section (1), the tenancy of any land held by a tenant who is a soldier in service in the Armed Forces of the Union or a seaman, shall not be liable to be terminated under the said sub-section only on the ground that such land has been sublet by or on behalf of the said tenant.

23. Eviction not to be ordered if rent paid during pendency of proceedings.—

(1)Notwithstanding anything contained in section 22, the Tahsildar shall not order possession to be restored to the landlord on the ground of default in paying rent, if during the pendency of any proceeding for such restoration of possession, the tenant pays to the landlord the arrears of rent for two consecutive years, together with the costs of the proceedings, as decided by the Tahsildar, within such period as may be fixed by the Tahsildar.

(2)Notwithstanding anything contained in any enactment or provision of law repealed by section 142 or in any other law, in any proceedings pending on the appointed day or instituted on or after that day in pursuance of any such repealed enactment or law before any court, officer or authority for eviction of a tenant on the ground of default in paying rent, such court, officer or authority shall not order eviction of the tenant, if the tenant pays to the landlord the arrears of rent together with the costs of the proceedings as decided by such court, officer or authority within such period as such court, officer or authority may fix.

(3)Notwithstanding anything contained in sub-sections (1) and (2) or in section 116, no decree or order for eviction on the ground of default in paying rent shall be executed if the tenant pays to the landlord the arrears of rent for two consecutive years together with the costs of the proceedings as specified in such decree or order and on such payment, the said decree or order shall abate.

24. Rights of tenant to be heritable.—

Where a tenant dies the landlord shall be deemed to have continued the tenancy to the heirs of such tenant on the same terms and conditions on which such tenant was holding at the time of his death.

25. Surrender of land by tenant.—

(1)No tenant of a soldier or seaman shall surrender any land held by him as tenant except in favour of the State Government:Provided that any such surrender shall not be effective unless made in writing and the tenant has admitted the same before the Tahsildar and the same has been registered in the office of the Tahsildar in the prescribed manner.

(2)In respect of the land surrendered to it under sub-section (1), the State Government shall pay to the landlord rent calculated according to the provisions of section 8.

(3)The State Government may, subject to rules made for the purpose, lease the surrendered land to any person if possession thereof is not claimed by the soldier or the seaman for personal cultivation.

(4)Where the State Government leases the land under sub-section (3), the lessee shall pay the rent for the land to the landlord directly and with effect from the date of such lease the State Government’s liability under sub-section (2) for payment of rent of the land shall cease.

26. Tenancy in abeyance during usufructuary mortgage in favour of tenant.—

If any land is mortgaged by a landlord by way of a usufructuary mortgage to a tenant cultivating such land, the tenancy of such land shall be in abeyance during the period the mortgage subsists. After the expiry of the said period it shall be lawful to the tenant to continue to hold the land on the terms and conditions on which he held it before the mortgage was created.

27. Tenant’s rights to trees planted by him.—

If a tenant has planted or plants any trees on any land leased to him, he shall be entitled to the produce and the wood of such trees during the continuance of his tenancy and shall on the termination of his tenancy be entitled to such compensation for the said trees as may be determined by the Tahsildar:Provided that the landlord shall, during the continuance of the tenancy, be entitled to the rent of the land as if the trees had not been planted.

28. Deleted;

29. Tenants responsible for maintenance of boundary marks.—

Notwithstanding anything contained in any law relating to the maintenance of boundary marks of lands, the responsibility for the maintenance and good repair of the boundary marks of lands held by a tenant and any charges reasonably incurred on account of service by revenue officers in case of alteration, removal or repair of such boundary marks shall be upon thetenant.

30. Repairs of protective bunds.—

(1)Notwithstanding any agreement, usage or custom to the contrary, if it appears to the Assistant Commissioner that the construction, maintenance or repair of any bunds protecting any land held by a tenant is neglected owing to a dispute between the landlord and the tenant or for any other reason, he may by an order in writing direct that the construction, maintenance or repair shall be carried out by such persons as may be specified in the order and the costs thereof shall be recoverable as arrears of land revenue from the person who under any agreement usage or custom is liable to construct, maintain or repair the bunds.

(2)Notwithstanding anything contained in sub-section (1), it shall be lawful for the tenant of any land, the protective bunds of which are neglected, to construct, maintain or repair such bunds at his cost and the cost so incurred by him shall, on application made by him to the Tahsildar, be recoverable by him from the landlord according to his liability under any agreement, usage or custom. The costs of the proceedings on the tenant’s application shall also be recoverable from the landlord in case the landlord is held wholly or partially liable to pay the cost incurred by the tenant for the construction, maintenance or repair of the bunds.

31. Tenant’s right to erect farm house.—

A tenant shall be entitled to erect a farm house reasonably required for the convenient or profitable use or occupation of the holding, on the land held by him as a tenant.

32. Betterment contribution.—

If at any time any amount is levied or imposed by the Government on a land held by a permanent tenant as betterment contribution under the provisions of the Karnataka Irrigation Levy of Betterment Contribution and Water Rate Act, 1957, or under any other provision of law, the permanent tenant thereof shall be liable to pay such amount to the Government.

33. Receipts for rent.—

(1)In the absence of an express intimation in writing to the contrary by a tenant, every payment made by a tenant to the landlord shall be presumed to be a payment on account of rent due by such tenant for the year in which the payment is made.

(2)When any rent is received in respect of any land by a landlord or by a person on behalf of such landlord, the landlord or, as the case may be, such person shall, at the time when such rent is received by him give a written receipt therefor in such form and in such manner as may be prescribed.

34. Bar to attachment or sale by process of court.—

Save as expressly provided in this Act or in the Karnataka Co-operative Societies Act, 1959, no interest of a tenant in any land held by him as a tenant shall be liable to be attached, seized or sold in execution of a decree or order of a civil court.

35. Bar to eviction from dwelling house.—

(1)If in any village, a tenant is in occupation of a dwelling house on a site belonging to his landlord, such tenant shall not be evicted from such dwelling house (with the materials and the site thereof and the land immediately appurtenant thereto and necessary for its enjoyment), unless,—

(a)the landlord proves that the dwelling house was not built at the expense of such tenant or any of his predecessors-in-title; and

(b)such tenant makes default during three consecutive years in the payment of rent, if any, which he has been paying for the use and occupation of such site.

(2)The provisions of sub-section (1) shall not apply to a dwelling house which is situated on any land used for the purposes of agriculture from which a tenant has been evicted under 1[section 15 or 22]1.

36. Site on which dwelling house is built to be sold to tenant.—

(1)If a landlord to whom the site referred to in section 35 belongs intends to sell such site, it shall be sold only to the tenant at the expense of whom or of any of whose predecessors in-title the dwelling house thereon has been built.

(2)The price payable by the tenant for such site shall be an amount equal to ten times the land revenue payable thereon and where such site is not assessed to land revenue, an amount equal to ten times the land revenue which may be assessed if it had been used for agricultural purposes.

(3)Any sale in contravention of the provisions of this section shall be null and void.

37. Tenant’s right to purchase site.—

(1)If a tenant referred to in section 35 intends to purchase the site on which a dwelling house is built, he shall give notice in writing to the landlord to that effect.

(2)If the landlord refuses or fails to accept the offer and execute the sale deed within three months from the date thereof, the tenant may apply to the Tahsildar who shall, by order in writing, require the tenant to deposit with him the sale price within ninety days from the date of the order. When such deposit is made the site shall be deemed to have been transferred to the tenant and the Tahsildar shall, on payment of the prescribed fees and in the prescribed form, grant a certificate to the tenant.

38. Dwelling houses of agricultural labourers, etc.—

(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.

(2)If the owner bona fide requires the dwelling house for his own use or for any other purpose or considers that the dwelling house is so located as to cause inconvenience to him, he may require the agricultural labourer to shift to a new site belonging to him, subject to the following conditions, namely:—

(i)the owner shall pay to the agricultural labourer the price of the dwelling house if the same was erected by the agricultural labourer;

(ii)the new site shall be fit for erecting a dwelling house and shall be within a distance of one kilometre from the existing dwelling house;

(iii)the extent of the new site shall not be less than the extent of the dwelling house including the land immediately appurtenant thereto and necessary for its enjoyment; and

(iv)the owner shall transfer ownership and possession of the new site to the agricultural labourer and shall pay to him the reasonable cost of shifting to the new site.

(3)

(a)If the agricultural labourer does not comply with the requisition made under sub-section (2) by the owner of the land to shift to a new site such owner may apply to the Tribunal to enforce compliance with such requisition:

Provided that no such application shall be made after an order is passed under clause (b) of sub-section (1) and without giving the agricultural labourer one month’s notice by registered post.

(b)Subject to such rules as may be prescribed, the Tribunal shall, after such enquiry as it deems fit, and on being satisfied that the applicant has complied with all the conditions mentioned in sub-section (2), may pass an order requiring the agricultural labourer to shift to the new site before such date as may be specified in the order.

(c)If the agricultural labourer does not shift to the new site before the date specified in the order under clause (b), the Tribunal shall cause the agricultural labourer to be evicted from the dwelling house.

(d)Where no application is made under sub-section (1), within the time allowed the right of the agricultural labourer to be registered as owner shall have no effect and the dwelling house and land shall be deemed to have not vested in the State Government.

(4)The provisions of section 61 shall apply to a dwelling house or site granted under this section to an agricultural labourer as they apply to a land in respect of which a tenant has been registered as an occupant.]1

39. First option to purchase land.—

(1)If a landlord at any time intends to sell the land held by a tenant, he shall give notice in writing of the intention to such tenant and offer to sell the land to him. In case the latter intends to purchase the land, he shall intimate in writing his readiness to do so within two months from the date of receipt of such notice.

(2)If there is any dispute about the reasonable price payable for the land, either the landlord or the tenant may apply in writing to the Tahsildar for determining the reasonable price; and the Tahsildar after giving notice to the other party and to all other persons interested in the land and after making such inquiry as it thinks fit, shall fix the reasonable price of the land which shall be the average of the prices obtaining for similar lands in the locality during the ten years immediately preceding the date on which the application is made.

(3)The tenant shall deposit with the Tahsildar the amount of the price determined under sub-section (2) within such period as may be prescribed.

(4)On deposit of the entire amount of the reasonable price, the Tahsildar shall issue a certificate in the prescribed form to the tenant declaring him to be the purchaser of the land the Tahsildar shall also direct that the reasonable price deposited shall be paid to the landlord.

(5)If a tenant does not exercise the right of purchase in response to the notice given to him by the landlord under sub-section (1) or fails to deposit the amount of the price as required by sub-section (3), such tenant shall forfeit his right of purchase, and the landlord shall be entitled to sell such land to any other person in accordance with the provisions of this Act.

(6)The forfeiture of the right to purchase any land under this section shall not affect the other rights of the tenant in such land.

40. Compensation for improvement made by tenant.—

(1)A tenant who has made an improvement on the land held by him shall, if his tenancy is terminated under the provisions of this Act, be entitled to compensation for such improvement. For determining the amount of compensation, thetenant shall apply to the Tahsildar in the prescribed form.

(2)The compensation to which a tenant shall be entitled under subsection(1), shall be the estimated value of such improvement at the time of the termination of his tenancy. In estimating such value regard shall be had to,—

(a)the amount by which the value of the land is increased by theimprovement;

(b)the present condition of the improvement and the probable duration of its effects;

(c)the labour and capital provided or spent by the tenant for the making of the improvement; and

(d)any reduction or remission of rent or other advantage allowed to the tenant by the landlord in consideration of the improvement including permanent fixtures.

(3)If such land is subject to mortgage or other encumbrance created by the tenant and lawfully subsisting, the amount of compensation shall be applied first for discharging such mortgage or other encumbrance and the balance, if any, shall be paid to the tenant. The payment to the mortgagees or holders of other encumbrances shall be in the order of priority of the respective mortgages and other encumbrances.

41. Procedure for taking possessions.—

(1)A tenant or an agricultural labourer entitled to possession of any land or dwelling house or site under any of the provisions of this Act or as a result of eviction in contravention of sub-section (2) may apply in writing for such possession to the Tahsildar. The application shall be made in such form as may be prescribed and within a period of two years from the date on which the right to obtain possession of the land, dwelling house or site is deemed to have accrued to the tenant, agricultural labourer, as the case may be.

(2)Save as otherwise provided in this Act, no landlord shall obtain possession of any land, dwelling house or site held by a tenant except under an order of the Tahsildar. For obtaining such order he shall make an application in the prescribed form and within a period of two years from the date on which the right to obtain possession of the land, dwelling house or site, as the case may be, is deemed to have accrued to him.

(3)On receipt of application under sub-section (1) or (2) the Tahsildarshall, after holding an inquiry, pass such order, thereon as he deems fit.

(4)Any person taking possession of any land, dwelling house or site except in accordance with the provisions of sub-section (1) or (2), as the case may be, shall be liable to forfeiture of crops, if any, grown on the land in addition to payment of costs as may be directed by the Tahsildar and also to the penalty prescribed in section 125.

42. Procedure for recovery of rent.—

(1)Notwithstanding anything contained in any agreement or in any law for the time being in force, no suit or other proceeding shall lie in any Court or before any other authority for recovery of any rent payable by a tenant, except as provided in this section.

(2)A landlord claiming payment of rent by a tenant may apply to the Tahsildar in the prescribed form for an order directing the tenant to pay the rent due to the landlord.

43. Rights or privileges of tenant not to be affected.—

Save as provided in this Act, the rights and privileges of any tenant under any usage or law for the time being in force or arising out of any contract, grant, decree or order of a court shall not be limited or abridged.

Chapter III
Conferment of ownership on tenants.

44. Vesting of lands in the State Government.—

(1)All lands held by or in the possession of tenants (including tenants against whom a decree or order for eviction or a certificate for resumption is made or issued) immediately prior to the date of commencement of the Amendment Act, other than lands held by them under leases permitted under section 5, shall, with effect on and from the said date, stand transferred to and vest in the State Government.

(2)Notwithstanding anything in any decree or order of or certificate issued by any Court or authority directing or specifying the lands which may be resumed or in any contract, grant or other instrument or in any other law for the time being in force, with effect on and from the date of vesting and save as otherwise expressly provided in this Act, the followingconsequences shall ensue, namely:—

(a)all rights, title and interest vesting in the owners of such lands and other persons interested in such lands shall cease and be vested absolutely in the State Government free from all encumbrances;

(b)all amounts in respect of such lands which become due on or after the date of vesting shall be payable to the State Government and not to the land-owner, land-lord or any other person and any payment made in contravention of this clause not be valid;

(c)all arrears of land revenue, cesses, water rate or other dues remaining lawfully due on the date of vesting in respect of such lands shall after such date continue to be recoverable from the land-owner, landlord or other person by whom they were payable and may, without prejudice to any other mode of recovery, be realised by the deduction of the amount of such arrears from the amount payable to any person under this Chapter;

(d)no such lands shall be liable to attachment in execution of any decree or other process of any Court and any attachment existing on the date of vesting and any order for attachment passed before such date in respect of such lands shall cease to be in force;

(e)the State Government may, after removing any obstruction which may be offered, forthwith take possession of such lands:

Provided that the State Government shall not dispossess any person of any land in respect of which it considers, after such enquiry as may be prescribed, that he is prima face entitled to be registered as an occupant under this Chapter;

(f)the land-owners, landlord and every person interested in the land whose rights have vested in the State Government under clause (a), shall be entitled only to receive the amount from the State Government as provided in this Chapter;

(g)permanent tenants, protected tenants and other tenants holding such lands shall, as against the State Government, be entitled only to such rights or privileges and shall be subject to such conditions as are provided by or under this Act; and any other rights and privileges which may have accrued to them in such lands before the date of vesting against the landlord or other person shall cease and determine and shall not be enforceable against the State Government.

45. Tenants to be registered as occupants of land on certain conditions.—

(1)Subject to the provisions of the succeeding sections of this Chapter, every person who was a permanent tenant, protected tenant or other tenant or where a tenant has lawfully sublet, such sub-tenant shall, with effect on and from the date of vesting, be entitled to be registered as an occupant in respect of the lands of which he was a permanent tenant, protected tenant or other tenant or sub-tenant before the date of vesting and which he has been cultivating personally.

(2)If a tenant or other person referred to in sub-section (1),—

(i)holds land partly as owner and partly as tenant but the area of the land held by him as owner is equal to or exceeds a ceiling area he shall not been entitled to be registered as an occupant of the land held by him as a tenant before the date of vesting;

(ii)does not hold and cultivate personally any land as an owner, but holds land as tenant, which he cultivates personally in excess of a ceiling area, he shall be entitled to be registered as an occupant to the extent of a ceiling area;

(iii)holds and cultivates personally as an owner of any land the area of which is less than a ceiling area, he shall be entitled to be registered as an occupant to the extent of such area as will be sufficient to make up his holding to the extent of a ceiling area.

(3)The land held by a person before the date of vesting and in respect of which he is not entitled to be registered as an occupant under this section shall be disposed of in the manner provided in section 77 after evicting such person.

46. When tenant entitled to choose land.—

If any tenant entitled to be registered as an occupant under sub-section (1) of section 45, held land from one or more than one landlord, such tenant shall, subject to such rules as may be made by the State Government, be entitled to choose the area and the location of the land of which he wishes to become the registered occupant:Provided that the area so chosen shall not, as far as may be practicable, be other than the area included in a survey number or a sub-division or a recognised share of a survey number.

47. Amount payable.—

(1)Save as provided in section 106 every land-owner, landlord and all other persons interested in the land shall, for the extinguishment of their rights in the lands vesting in the State Government under sub-section (6) of section 15 or section 20 or section 44, be entitled to an amount determined with reference to the net annual income derivable from the land or all the lands, as the case may be, in accordancewith the following scale, namely:—

(i)for the first sum of rupees five thousand or any portion thereof of the net annual income from the land, fifteen times such sum or portion;

(ii)for the next sum of rupees five thousand or any portion thereof of the net annual income from the land, twelve times such sum or portion;

(iii)for the balance of the net annual income from the land, ten times such balance:

Provided that,—

(i)if the tenant in respect of the land is a permanent tenant, the amount payable shall be six-times the difference between the rent and the land revenue payable for such land;

(ii)if the tenant holds land from intermediaries the amount shall be paid to the land-owner and the intermediaries in the same proportion in which the rent paid for the land by the tenant was being appropriated by them immediately before the date of vesting;

(iii)if the land vesting in the State Government is D class land referred to in Part A of Schedule I or if the landlord is,—

(1)a small holder;

(2)a minor;

(3)a widow;

(4)a woman who has never been married;

(5)a person who is subject to such physical or mental disability as may be prescribed; or

(6)such soldier or seamen whose lands vest in the State Government under section 44, an amount equal to twenty times the net annual income from such land shall be payable.

(2)For the purpose of sub-section (1), the net annual income from the land shall be deemed to be the amount payable as annual rent in respect of the land as specified in section 8. But where in a land assessed as wet land or dry land the landlord has raised fruit bearing trees, the annual income for purpose of sub-section (1) shall, subject to such rules as may be prescribed, be determined on the basis of assessment for garden land which could have been levied having regard to the nature of the fruit bearing trees.

(3)Where there are wells or other structures of a permanent nature on the land constructed by the landlord the value thereof calculated in the prescribed manner shall also be payable.

(4)Notwithstanding anything in sub-sections (1) and (3), the aggregate amount payable according to the said sub-sections shall not exceed rupees two lakhs.

48. Constitution of Tribunals.—

(1)The State Government shall, by notification, constitute for each Taluk a Tribunal for purposes of this Act consisting of the following members, namely:—

(i)the Assistant Commissioner of the Revenue sub-division having jurisdiction over the Taluk or an Assistant Commissioner specially appointed for the purpose by the State Government.

(ii)four others nominated by the State Government of whom at least one shall be a person belonging to the Scheduled Castes or Scheduled Tribes.

Provided that if in its opinion it is necessary so to do, the State Government may constitute additional Tribunals for any taluk and the Deputy Commissioner may, subject to any general or special orders of the State Government, distribute the work among the Tribunals in any taluk.

(2)The Assistant Commissioner shall be the Chairman of the Tribunal.

(3)The State Government may from time to time likewise re-constitute the Tribunal.Any proceedings pending before the Tribunal shall be continued by the reconstituted Tribunal as if the same were instituted before it.Explanation.—For the purpose of this sub-section ‘reconstitution’ shall include removal of a member from or nomination of a new member to the Tribunal.

(4)The quorum to constitute the meeting of the Tribunal and procedure to be followed by it shall be such as may be prescribed.

(5)No act or proceeding of the Tribunal shall be deemed to be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution or re-constitution thereof.

(6)The non-official members of the Tribunal shall be entitled to such travelling and other allowances as may be prescribed.

(7)The Tahsildar or any officer specially appointed for the purpose by the State Government shall be the Secretary of the Tribunal.

(8)Deleted;

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.

48B. Tahsildar to determine the amount payable.—

(1)The Tahsildar shall, on receipt of the orders passed under sub-section (4) or sub-section (5) of section 48A and where no application is filed within the period provided in sub-section (1) of section 48A, on receipt of the application by the landlord, proceed to determine the amount payable under section 47 and prepare a statement showing the apportionment of the amount so determined among the persons entitled to it in accordance with the value of their respective interest in the land. Such statement shall contain the following particulars, namely:—

(a)the particulars of the lands in respect of which the amount is to be paid;

(b)the names of the land-owner, landlord and intermediaries, if any, and other persons interested in the land and the amount payable to each of them;

(c)such other particulars as may be prescribed.

(2)Notwithstanding anything contained in sub-section (1), where there is no agreement among the persons entitled for the amount regarding the right to or apportionment of the amount, the Tahsildar shall refer the question to the Court. On receipt of such reference the Court shall after giving notice to the parties concerned, try the question referred to it and record findings thereon and send the same to the Tahsildar. The Tahsildar shall then prepare the statement referred to in sub-section (1) in accordance with the said findings.

48C. Interim Orders.—

(1)The Tribunal may, when it considers it just and proper and subject to such terms and conditions as it may impose, issue interlocutory orders in the nature of temporary injunction or appointment of Receiver concerning the dwelling house in respect of which an application is made under section 38 or the land in respect of which an application is made under section 48A.

(2)The Tribunal may at any time revoke or modify the order issued by it under sub-section (1).

(3)Subject to the provisions of sub-section (2), the order of the Tribunal shall be final.

49. Sub-tenants of tenants to be registered as occupants.—

Where a tenant has lawfully sub-let the land held by him, such sub-tenant of the land, shall, to the exclusion of the tenant, to the extent and subject to the conditions specified in sections 45 and 46 be entitled to be registered as occupant of the land of which he was a sub-tenant before the date of vesting.

50. Determination of encumbrances and payment of the amount.—

(1)The Tahsildar while determining the amount under section 48B shall determine any mortgage or other encumbrance lawfully subsisting on the land on the date of vesting, and the amount due under the mortgage or the encumbrance in respect of such land shall save as provided in section 106 be a charge on the amountpayable in respect of such land to the person who has created the mortgage or encumbrance.

(2)

(a)If the total amount payable in respect of encumbrances is less than the amount payable in respect of such land it shall be deducted from such amount and the balance paid to the land-owner, landlord the intermediaries, if any, and other persons interested, towards the amount.

(b)If the total amount payable in respect of the encumbrances is more than the amount payable in respect of the land, the amount payable shall be distributed among the holders of encumbrances in the order of priority. If any person has a right to receive maintenance or alimony from the profits of the land, deductions shall also be made for such payment out of the amount payable.

(3)If any question of law is involved regarding the validity of the encumbrance, the claim of the holder of the encumbrance or regarding the amount due in respect of the encumbrance or if there is no agreement regarding any encumbrance between the landlord and the holder of the encumbrance, then notwithstanding anything contained in section 132, the Tahsildar shall refer the question for decision to the Court. On receipt of such reference the Court shall after giving notice to the parties concerned, try the question referred to it as expeditiously as possible and record findings thereon and send the same to the Tahsildar. The Tahsildar shall then give the decision in accordance with the said findings.

(4)Notwithstanding anything contained in any law, any advance paid by the tenant to the landlord for the lease or purchase of the land held by him on lease from the landlord shall be deemed to be a charge on the land, and the debt shall be discharged in the same manner as an encumbrance on such land under this section.

51. Mode of payment of the amount.—

(1)Save as provided in section 106, the amount payable to any person under section 47 shall, subject to the provisions of section 50,—

(a)be paid in cash in a lumpsum if the amount payable does not exceed two thousand rupees; and

(b)if the amount payable exceeds two thousand rupees the amount up to two thousand rupees shall be paid in cash and the balance shall be paid in non-transferable and non-negotiable bonds carrying interest at the rate of five and a half per cent per annum and of guaranteed face value maturing within a specified period not exceeding twenty years:

Provided that the amount payable under the bonds under this clause may be paid in such number of instalments not exceeding twenty as may be prescribed.Provided further that the amount payable shall, subject to such rules as may be prescribed, be paid,-

(i)in the case of a minor, a person who has attained the age of sixtyfive years a woman who has never been married, a small holder, a person subject to the prescribed physical or mental disability and subject to clause

(ii), a widow,—

(a)in a lumpsum where the amount payable does not exceed fifty thousand rupees,; and

(b)where the amount payable exceeds fifty thousand rupees, the first fifty thousand rupees in a lumpsum and the balance in non-transferable and non-negotiable bonds carrying interest at the rate of five and half per cent per annum and of guaranteed face value maturing within a specified period not exceeding twenty years;

(ii)in the case of a widow, if she so elects in writing, in the form of annuity during her life time, a sum determined in such manner as may be prescribed; which shall not be less than the net annual income referred to in sub-section (2) of section 72.

Explanation:—For the purpose of this clause widow, minor and a person subject to physical or mental disability include, a woman who is a widow, a person who is a minor, a person subject to physical or mental disability respectively at the time when the amount payable is determined:Provided also that in relation to a small holder the second proviso shall have effect as if it was in force on and from the First day of March, 1974.

(2)Notwithstanding anything in sub-section (1), on or after 1st March 1984, the balance and interest thereon payable in accordance with clause (b) of sub-section (1) of the second proviso to the said sub-section shall, in lieu of the bonds specified therein, be paid in the following manner, namely:—

(a)the interest accrued at the rate of five and a half per cent per annum till 1st March, 1984 remaining unpaid shall be paid in five consecutive annual, as far as may be, equal instalments commencing from 1st March, 1984 in National Savings Certificates;

(b)the whole or, as the case may be, part of the balance specified in sub-section (1), payable before 1st March, 1984 remaining unpaid shall be paid in five consecutive annual, as far as may be, equal instalments commencing from the said date in National Savings Certificates; and

(c)the whole or, as the case may be, part of the said balance payable on or after 1st March, 1984 shall be paid in ten consecutive annual, as far as may be equal instalments commencing from the said date in National Savings Certificates:

Provided that along with each of the instalments referred to in items (b) and (c), the interest thereon from 1st March, 1984 at the rate of five and a half per cent per annum upto the date of payment thereof shall also be paid in National Savings Certificates.

52. Payment of compensation to be full discharge.—

The payment of the amount or the value of encumbrance, maintenance or alimony to the land-owner, landlord, or intermediary or other persons entitled thereto in the manner prescribed by or under this Act shall be a full discharge of the liability for payment of compensation and no further claims for payment of the amount shall lie against the State Government or any other person.

53. Payment of premium by tenant.—

(1)The amount of premium in respect of the land of which a tenant or sub-tenant entitled to be registered as occupant under section 45 shall be payable to the State Government by the tenant or sub-tenant,—

(i)where the amount payable does not exceed two thousand rupees, in a lumpsum;

(ii)in other cases,—

(a)either in lumpsum; or

(b)where the amount is paid by him out of his own funds, in annual instalments of such number not exceeding twenty as he may intimate, with interest at five and half per cent per annum, from the date of the order under sub-section (4) or sub-section (5) of section 48A and where the money is advanced by the State Land Development Bank or a credit agency, in annual instalments of such number not exceeding the number permitted as maximum for the recovery of term loan granted by such bank or agency without interest there on. Provided that where payment is in instalments, two thousand rupees shall be paid as the first instalment and the balance in equated annual instalments:

Provided further that where the extent of the land in respect of which a person is registered as an occupant together with other land, if any, held by him, does not exceed ten acres of ‘D’ Class land, or an extent equivalent thereto, comprising of one or more classes of other land specified in Part A of Schedule-I, determined in accordance with the formula specified in Part B of Schedule-I, he shall be exempted from paying the premium and instalments thereof which fall due on or after the commencement of Karnataka Land Reforms (Second Amendment) Act, 1990 or having fallen due before the said date has remained un-paid.

(1A)Every tenant who is registered as an occupant shall be entitled to get assistance from the State Land Development Bank or from a Credit Agency as defined in the Karnataka Agricultural Credit Operations and Miscellaneous Provisions Act, 1974 (Karnataka Act 2 of 1975) for the payment of the premium in accordance with such rules as may be prescribed:

(1B)Notwithstanding anything contained in the Karnataka Co-operative Societies Act, 1959, the amount advanced to the tenants by the State Land Development Bank under rules made under sub-section (1A) may be recovered by the State Government in the same manner as arrears of land revenue and paid to said Bank.

(1C)The amount advanced to a tenant by the credit agency may be recovered in the same manner as is provided in the Karnataka Agricultural Credit Operations and Miscellaneous Provisions Act, 1974 for recovery of any financial assistance given by it to a person for agricultural purposes.

(2)In addition to the premium payable, the tenant shall also be liable to pay the land revenue due on that land.

53A. Establishment of a separate fund.—

(1)There shall be constituted for the State of Karnataka a fund called the Karnataka Religious and Charitable Institutions Annuity Fund.

(2)The fund specified in sub-section (1) shall consist of,—

(a)the amount of premium collected from the tenants or sub-tenants of land belonging to the institutions referred to in section 106;

(b)the interest earned on the amounts in the said fund;

(c)such amount transferred from the consolidated fund of the State as may be necessary to make up the deficit, if any, where the amounts referred to in the above clauses are insufficient to pay the annuities to such institutions.

(3)The amount specified in clause (a) of sub-section (2), shall first be credited to the Consolidated Fund of the State. Such amount and the amount referred to in clause (c) of sub-section (2), shall thereafter, under appropriation duly made by law in this behalf, be entered in and transferred to the said fund. The amount at credit in the said fund may be invested in such manner as the State Government may direct.

(4)The annuities payable to the said institutions shall be paid from out of the said fund.

54. Premium recoverable as arrears of land revenue.—

(1)If a tenant or sub-tenant fails to make payment of any instalment in accordance with the provisions of the foregoing sections, the amount of such instalment shall also be recoverable as an arrear of landrevenue.

(2)The amount recovered under sub-section (1) shall be deposited with the Tahsildar.

55. Issue of certificate of registration.—

(1)On receipt of the final orders passed under sub-section (4) or sub-section (5) of section 48A, subject to such rules as may be prescribed, the Tahsildar shall issue a certificate that the tenant has been registered as an occupant. The certificate shall be conclusive evidence of such registration.

(2)The Tahsildar shall forward a copy of the certificate issued under sub-section (1) to the concerned Sub-Registrar who shall, notwithstanding anything contained in the Registration Act, 1908 (Central Act 16 of 1908) or any other law, register the same.

56. Deleted;

57. Provisions applicable to minors, persons under disability, etc.—

(1)Notwithstanding anything contained in the preceding sections of this Chapter, where the tenant is a minor or a person subject to any mental or physical disability or a soldier in service in the Armed Forces of the Union or a seaman, the right of the tenant under section 45 may be exercised,—

(i)by the minor within one year from the date on which he attains majority;

(ii)by a person subject to physical or mental disability within one year from the date on which such disability ceases to exist;

(iii)by a soldier within one year from the date on which he is released from the Armed Forces or is sent to the Reserve;

(iv)by a seaman, within one year from the date on which he ceases to be a seaman.

(2)The provisions of the preceding sections of this Chapter shall thereupon, mutatis mutandis, be applicable to such land vesting in the State Government.

58. Vesting in the State Government of land leased contrary to the Act.—

(1)Where it appears to the Tahsildar that any person has leased land contrary to the provisions of this Act, he shall issue a notice to such person to show cause within fifteen days from the date of service of the notice why the land leased should not be forfeited to the State Government as penalty for contravention of the Act.

(2)If the Tahsildar on considering the reply or other cause shown is satisfied that there has been such a lease he may, by order, declare that the right, title and interest of such person in the land shall be forfeited to the State Government as penalty. Thereupon the land shall vest in the State Government and the Tahsildar may take possession thereof by summarily evicting any person occupying it. No amount shall be payable in respect of such land.

(3)Such land shall be disposed of in accordance with the provisions of section 77.

59. Deleted;

60. Failure to cultivate personally.—

Notwithstanding anything contained in any law, if at any time after the tenant has been registered as occupant, under any of the foregoing provisions, such tenant fails to cultivate the land personally for three consecutive years, he shall, unless the Tahsildar condones such failure for sufficient reasons, be evicted and the land shall be disposed of in accordance with the provisions of section 77.

61. Restriction on transfer of land of which tenant has become occupant.—

(1)Notwithstanding anything contained in any law, no land of which the occupancy has been granted to any person under this Chapter shall, within fifteen years from the date of the final order passed by the Tribunal under sub-section (4) or su -section (5) or sub-section (5A) of section 48A be transferred by sale, gift, exchange, mortgage, lease or assignment; but the land may be partitioned among members of the holder’s joint family.

(2)Notwithstanding anything contained in sub-section (1), it shall be lawful for the occupant registered as such or his successor-in-title to take a loan and mortgage or create a charge on his interest in the land in favour of the State Government,a financial institution, a co-operative land development bank, a co-operative society or a company as defined in section 3 of the Companies Act, 1956 in which not less than fifty one per cent of the paid-up share capital is held by the State Government or a Corporation owned or controlled by the Central Government or the State Government or both for development of land or improvement of agricultural practices or for raising educational loan to prosecute the higher studies of the children of such person; and without prejudice to any other remedy provided by any law, in the event of his making default in payment of such loan in accordance with the terms and conditions on which such loan was granted, it shall be lawful to cause his interest in the land to be attached and sold and the proceeds to be utilised in the payment of such loan.Explanation.- For the purpose of this sub-section, “Higher studies” means the further studies after Pre-university Examination or 12th Standard Examination conducted by CBSE or ICSE or any Diploma courses.

(3)Any transfer or partition of land in contravention of sub-section (1) shall be invalid and such land shall vest in the State Government free from all encumbrances and shall be disposed in accordance with the provisions of section 77.

62. Surrender of land to State Government.—

If the person who has been registered as occupant under this Chapter or his successor-intitle intends, within six years from the date of such registration, giving up personal cultivation of the land, he shall surrender the land to the State Government, and on such surrender the State Government shall pay an amount equal to the premium paid and the depreciated value of improvements, if any, effected after the date of registration, to the person surrendering and the other persons interested in the land. The surrendered land shall then be at the disposal of the State Government and the Tribunal may thereafter dispose of it as surplus land vesting in the State Government.

Chapter IV
Ceiling on land holdings

63. Ceiling on land.—

(1)No person who is not a member of a family or who has no family and no family shall, except as otherwise provided in this Act, be entitled to hold, whether as land owner, landlord or tenant or as a mortgagee with possession or otherwise or partly in one capacity and partly in another, land in excess of the ceiling area.

(2)The ceiling area for a person who is not a member of a family or who has no family or for a family shall be ten units: Provided that in the case of a family consisting of more than five members the ceiling area shall be ten units plus an additional extent of two units for every member in excess of five, so however that the ceiling area shall not exceed twenty units in the aggregate.

(2A)The ceiling area for a person who is tenant under clause (b) of subsection (2) of section 5 shall be forty units.

(3)In the case of a family the ceiling area shall be applied to the aggregate of the lands held by all the members of the family, including the ‘stridhana’ land.

(4)In calculating the extent of land held by a person who is not a member of a family but is a member of a joint family and also in calculating, the extent of land held by a member of a family who is also a member of a joint family, the share of such member in the lands held by a joint family shall be taken into account and aggregated with the lands, if any, held by him separately and for this purpose such share shall be deemed to be the extent of land which would be allotted to such person had there been a partition of the lands held by the joint family.

(5)In respect of lands owned or held under a private trust,—

(a)where the trust is revocable by the author of the trust, such lands shall be deemed to be held by such author or his successor in interest; and

(b)in other cases, such lands shall be deemed to be held by the beneficiaries of the trust in proportion to their respective interests in such trust or the income derived therefrom.

Explanation.—Where a trust is partly private and partly public this subsection shall apply only to lands covered by that part of the assets of the trust which is relatable to the private trust.

(6)In calculating the extent of land held by a person who is not a member of a family or who has no family or by a member of a family, the share of such person or member in the lands held by a co-operative farm shall be taken into account.

(7)

(a)No educational, religious or charitable institution or society or trust, of a public nature, capable of holding property, formed for an educational, religious or charitable purpose shall hold land except where the income from the land is appropriated solely for the institution or the society or the trust concerned. Where the land is so held by such institution, society or trust, the ceiling area shall be twenty units.

(b)If any question arises whether the income from the land is solely appropriated for the institution, society or trust, it shall be decided by the prescribed authority. The decision of the prescribed authority shall be final. Where the prescribed authority decides that the income is not so appropriated, the land held by the institution, society or trust shall be deemed to be surplus land and the provisions of sections 66 to 76 shall, so far as may be, apply to the surrender to and vesting in the State Government of such land. The provisions of this sub-section shall have effect notwithstanding anything in this Act.

(8)

(a)No sugar factory shall hold land except solely for purpose of research or seed farm or both. Where land is held by a sugar factory for such purpose the ceiling area shall be fifty units.

(b)If any question arises whether any land held by a sugar factory is solely used for the purpose of research or seed farm or both, the decision of the prescribed authority shall be final and the land not held for the said purpose shall be deemed to be surplus land and the provisions of sections 66 to 76 shall, so far as may be, apply to the surrender to and vesting in the State Government of such land. The provisions of this sub-section shall have effect notwithstanding anything contained in this Act.

(9)In the case of any person holding land cultivated by plantation crops, the ceiling area in respect of other land held by him shall be determined taking into consideration, the agricultural land referred to in item (ii) of the Explanation to section 104.

(10)Notwithstanding anything in the preceeding sub-section, if any person has,—

(i)after the 18th November 1961 and before the 24th January 1971 transferred any land the extent of which if added to the other land retained by him could have been deemed to be surplus land before the date of commencement of the Amendment Act; or

(ii)after the 24th January 1971 transferred any land, otherwise than by partition or by donation to the 2Karnataka Boodan Yagna Board established under the Karnataka Bhoodan Yagna Act, 1963 (Karnataka Act 34 of 1963) or by sale to the tenant of such land in conformity with any law for the time being in force, then in calculating the ceiling area which that person is entitled to hold, the area so transferred shall be taken into account and the land exceeding the ceiling area so calculated shall be deemed to be in excess of the ceiling area notwithstanding that the land remaining with him may not in fact be in excess of the ceiling area. If by reason of such transfer the person’s holding is less than the area so calculated to be in excess of the ceiling area, then all his lands shall be deemed to be surplus land and the provisions of sections 66 to 76 shall, as far as may be, apply to the surrender to and vesting in the State Government of such excess land. Explanation.— For purposes of this sub-section the land shall be deemed to have been transferred if it has been transferred by act of parties (whether by sale, gift, mortgage with possession, exchange, lease or any other kind of disposition made inter vivos.)

64. Future acquisition of land.—

Where on account of transfer, gift, purchase, exchange, mortgage with possession, lease, surrender or any other kind of transfer inter vivos or by bequest or inheritance, partition or otherwise,any land is acquired or comes into possession of any person or family after the date of commencement of the Amendment Act and in consequence thereof the total extent of land held by such person or family exceeds the ceiling area permitted under section 63, the excess land shall be deemed to be surplus land, and the provisions of sections 66 to 76 shall, as far as may be, apply to the surrender to, and vesting i , the State Government, of such excess land:Explanation.—In this section “bequest” includes,—

(i)gift made in contemplation of death; and

(ii)gift to take effect after the happening of any event.

65. Surplus land to be surrendered to State Government.—

The land which is in excess of the ceiling laid down in section 63 or 64 (hereinafter referred to as “surplus land”) shall be surrendered to the State Government.

65A. Certain lands deemed to be in excess of ceiling area.—

Where as a result of irrigation from a source constructed by the State Government, any land held by a person or if he has family, together with any member of his family or a family is converted into any other class of land and thereby the lands held by such person or family exceed the ceiling area, the land so in excess shall be deemed to be surplus land and accordingly the provisions of sections 66 to 76 shall, so far as may be, apply to the surrender to and vesting in the State Government of such excess land.Explanation.—For purposes of this section, the land shall be deemed to have been converted from the date of completion of the irrigation work notified under section 3 of the Karnataka Irrigation (Levy of BettermentContribution and Water Rate) Act, 1957 (Karnataka Act 28 of 1957).

66. Filing of declaration of holding.—

(1)

(a)Every person who on the date of commencement of the Amendment Act holds,—

(i)ten acres or more of lands having facilities for irrigation from a source of water belonging to the State Government; or

(ii)twenty acres or more of lands on which paddy crop can be grown with the help of rain water; or

(iii)forty acres or more of lands classified as dry but not having any irrigation facilities from a source of water belonging to the State Government, shall on or before the 31st day of December 1974;

(b)every person who acquires land in excess of the extent specified in clause (a) in any manner referred to in section 64; and

(c)every person whose land is deemed to be in excess of the ceiling area under section 65A, shall, within the prescribed period, furnish a declaration to the Tahsildar within whose jurisdiction the holding of such person or the greater part thereof is situated containing the following particulars, namely:—

(i)particulars of all the lands;

(ii)particulars of the members of the family; and

(iii)such other particulars as may be prescribed.

(1A)Where a person holds different categories of land mentioned in clause (a) of sub-section (1), the total extent of lands held by such person shall, for purposes of this section, be determined by converting all categories of land into any one category in accordance with the following formula, namely:— One acre of land referred to in category (i)=two acres of land referred to in category (ii)=four acres of land referred to in category (iii).

(2)Without prejudice to the provisions of sub-section (1), the Tahsildar shall have power to issue notice requiring any person who he has reason to believe, holds land, or resides within his jurisdiction, to furnish to him a declaration of all lands held by him within such period as may be specified in the notice (not being less than thirty days from the date of service of the notice), and it shall be the duty of such person to furnish the declaration.

(3)Every declaration furnished under sub-section (1) or sub-section (2), shall be in the prescribed form; and the person furnishing the declaration shall be entitled to obtain a receipt therefor.

(4)Notwithstanding anything contained in sub-section (1), every person who had held on or after 18th November 1961 and before the commencement of the Amendment Act,—

(a)ten acres or more of lands having facilities for irrigation from a source of water belonging to the State Government; or

(b)twenty acres or more of lands on which paddy crop can be grown with the help of rain water; or

(c)forty acres or more of lands other than those specified in clauses (a) and (b), shall in respect of the land so held by him also furnish a declaration within one hundred and eighty days from the eleventh day of September 1975 to the Tahsildar within whose jurisdiction the holding of such person or a greater part thereof is or was situated containing the following particulars,

namely:—

(i)particulars of the land;

(ii)particulars of the members of his family;

(iii)particulars of lands transferred or disposed of in any manner prior to 24th January 1971 and subsequent to that date;

(iv)particulars of the persons to whom lands if any, have been transferred or disposed of;

(v)such other particulars as may be prescribed.

(5)The provisions of sub-sections (1A), (2) and (3) shall mutatis mutandis apply to the declarations to be furnished under sub-section (4).Explanation.-

66A. Penalty for failure to furnish declaration.—

(1)Where a person required by section 66 to furnish a declaration,—

(a)fails without reasonable cause so to do within the time specified in that section, or

(b)furnishes a declaration which he knows or has reason to believe it to be false, the Tahsildar shall issue a notice to such person asking him to show cause within fifteen days of the service thereof why a penalty which may extend to five hundred rupees may not be imposed on him. Where no reply is filed or where a reply is filed the Tahsildar is satisfied that the person has without reasonable cause failed to furnish the declaration within time or has submitted the declaration knowing or having reason to believe it to be false, he may, by order, impose the said penalty and require such person to furnish a true and correct statement complete in all particulars, within a period of one month from the date of service of the order.

(2)If such person fails to comply with the order within the time granted, the right, title and interest of such person in the land held to the extent in excess of the ceiling area shall, by way of penalty, be forfeited to the State Government and shall thereupon vest in the State Government.

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.

67A. Payment for use and occupation of land.—

(1)Every person possessing land in excess of the ceiling area, as determined under this Chapter, shall pay to the State Government for the period he was in possession or such extent of land from the date of the order determining the excess, such compensation for the use and occupation of such land as the Tribunal may determine in the prescribed manner.

(2)Any sum payable under sub-section (1) may be recovered as arrears of land revenue.

68. Vesting of land surrendered by owner.—

Where the land surrendered under section 67 is by an owner (other than a limited owner), the State Government may take over such land on the service of the order under section 67 and such land shall thereupon vest in the State Government free from all encumbrances.

69. Vesting of land surrendered by limited owner.—

(1)Where the land surrendered under section 67 is by a limited owner, it shall vest in the presumptive reversioner.

(2)Where as a result of the vesting of any land under sub-section (1), the total land held by the reversioner exceeds the ceiling limit specified in section 63 or 64, such reversioner shall, within a period of ninety days of such vesting furnish a declaration of his holding in the prescribed form to the Tahsildar within whose jurisdiction his holding or any part thereof is situated, and all the relevant provisions of this Act shall thereupon apply as if it were a declaration filed by him under section 66.

(3)The reversioner in whom any land vests under sub-section (1) shall be liable to pay the limited owner an annual sum equivalent to four and a half per cent of the amount payable to the owner under section 72 in respect of the land vesting in him under sub-section (1) until such time as the limited owner would have continued in possession of the land but for the surrender of the land by him.

70. Reversion and vesting of land surrendered by usufructuarymortgagee.—

(1)Where the land surrendered under section 67 is by an usufructuary mortgagee, the possession of the land shall (without prejudice to the rights of the tenant, if any, in occupation of the land) revert to the mortgagor not being a person disentitled to hold lands under section 79A in every case where, and to the extent to which the mortgagor himself is not liable to surrender the said land in accordance with the provisions of section 67.

(2)The mortgagor to whom possession of the land reverts under subsection (1) shall be liable to pay the mortgage money due to the usufructuary mortgagee in respect of that land and the said land shall be the security for such payment.

(3)In cases where possession of the land surrendered by an usufructuary mortgagee does not revert to the mortgagor for the reason that the mortgagor is himself liable under section 67 to surrender the land held by him, the State Government may take over such land on the publication of the notification under section 73 and such land thereupon shall vest in the State Government free from all encumbrances.

71. Vesting of land surrendered by tenant.—

(1)Where the land surrendered under section 67 is by a tenant, of a soldier or a seaman the possession of the land shall revert to the owner in every case where, and to the extent to which the owner himself is not liable to surrender such land in accordance with the provisions of section 67.

(2)The owner to whom possession of the land reverts under sub-section (1) shall be liable to pay the tenant compensation equal to one year’s net income of such land.

(3)In cases where possession of the land surrendered by a tenant does not revert to the owner under sub-section (1), the State Government may take over the land on the publication of the notification under section 73 and the land shall thereupon vest in the State Government free from all encumbrances.

72. Amount payable for lands surrendered to and vesting in the State Government.—

(1)Save as otherwise provided in this Act, the amount payable in respect of land to be taken over by the State Government under sections 68, 70, 71, 79A and 79B shall be determined with reference to the net annual income derivable from the land in accordance with the following scale, namely:—

(i)for the first sum of rupees five thousand or any portion thereof of the net annual income from the land, fifteen times such sum or portion;

(ii)for the next sum of rupees five thousand or any portion thereof of the net annual income from the land, twelve times such sum or portion;

(iii)for the balance of the net annual income from the land, ten times such balance:

Provided that where the land taken over by the State Government is D Class land referred to in Part A of Schedule I, an amount equal to twenty times the net annual income thereof shall be payable.

(2)For the purpose of sub-section (1), the net annual income from the land shall be deemed to be the amount payable as annual rent in respect of the land as specified in section 8. But where in a land assessed as wet land or dry land, the owner has raised fruit bearing trees, the net annual income of such land for purposes of sub-section (1) shall be determined on the basis of assessment for garden land which could have been levied having regard to the nature of the fruit bearing trees.

(3)The amount under sub-section (1) shall be payable as follows:—

(a)to the tenant, if any, in possession of the land, an amount equal to one year’s net annual income;

(b)to the owner, the balance.

(4)Where there are wells or other structures of a permanent nature on the land, constructed by the owner then, the value thereof calculated in the prescribed manner shall also be payable.

(5)Notwithstanding anything in sub-sections (1) and (4), the aggregate amount payable according to the said sub-sections shall not exceed rupees two lakhs.

(6)Deleted;

73. Claims for the amount and payment of the amount.—

(1)As soon as may be after the service of the order made under section 67, the Tahsildar shall publish a notification containing the particulars of the lands vested in the State Government.

(1A)After the publication of the notification under sub-section (1), the Tahsildar shall determine the amount payable in respect of the land which has vested in the State Government.

(2)The provisions of sections 48B and 50 shall mutatis mutandis be applicable for determining the persons entitled to 1 the amount and the apportionment of the amount.

(3)The amount payable under sub-section (1) shall be paid in 2 nontransferable and non-negotiable bonds carrying interest at the rate of five and a half per cent per annum and of guaranteed face value maturing within a specified period not exceeding twenty years:Provided that the amount payable under the bonds issued under this subsection may be paid in such number of instalments not exceeding twenty as may be prescribed.

(4)Notwithstanding anything in sub-section (3), on or after 1st March 1984, the balance and interest thereon payable in accordance with the said sub-section shall, in lieu of the bonds specified therein, be paid in the following manner, namely:—

(a)The interest accrued at the rate of five and a half per cent per annum till 1st March, 1984 remaining unpaid shall be paid in five consecutive annual, as far as may be, equal instalments commencing from 1st March, 1984 in National Savings Certificates;

(c)the whole or, as the case may be, part of the said balance payable on or after 1st March, 1984 shall be paid in ten consecutive annual, as far as may be, equal instalments commencing from the said date in National Savings Certificates:

74. Prohibition of alienation of holding.—

On and from the date of commencement of the Amendment Act, no person owning land in excess of the ceiling limit specified in section 63 or 64 shall alienate his holding or any part thereof by way of sale, gift, exchange or otherwise until he has furnished a declaration under section 66 and the extent of land, if any, to be surrendered in respect of that holding has been determined and an order has been passed under section 67, and any alienation made in contravention of this section shall be null and void.

75. Excess land not to be surrendered in certain cases.—

Where a person either by himself or, if he has a family, or is a member of a joint family, together with any other member of the family, or joint family, holds land not exceeding the ceiling limit referred to in section 63 or 64, but subsequently the land held exceeds the ceiling limit, due to any change in the classification of the land consequent upon any improvements effected in the land by such person or of the family or due to a decrease in the number of members of the family, then, notwithstanding anything contained in this Chapter, such person shall not be required to surrender any part of the land on the ground that it is excess land.

76. Taking possession of land vested in State Government.—

Where under the provisions of this Chapter any land vests in the State Government, the Tahsildar may, after removing any obstruction that may be offered, forthwith take possession of the land.

77. Disposal of surplus land.—

(1)Surplus land vesting in the State Government under this Act, land directed to be disposed of under subsection (3) of section 45, section 58, section 60, land vesting in the State Government under section 79A, section 79B or under any other provision of this Act, may,]3 subject to reservation of seventy-five per cent thereof for grant to persons belonging to the Scheduled Castes and the Scheduled Tribes and subject to such restrictions and conditions as may be prescribed in this behalf, be granted by the Deputy Commissioner or any other officer authorised by the State Government in this behalf to the following persons to the extent and in the manner as may be prescribed:

(i)Dispossessed tenants who are not registered as occupants;

(ii)Displaced tenants having no land;

(iii)Landless agricultural labourers;

(iv)landless persons or other persons residing in villages in the same Panchayat area whose gross annual income does not exceed rupees twenty thousand and ex-military personnel whose gross annual income does not exceed rupees twenty-two thousand;

(v)Released bonded labourers;

(vi)Deleted;

Explanation.—

(1)“Dispossessed tenant” means a person who not being member of the family of the owner was cultivating lands personally and was dispossessed between 10th September 1957 and 24th January 1971 and who is not registered as an occupant under the provisions of this Act.Explanation.—(2) “Displaced tenant” means a person who has been deprived of agricultural land on which he was a tenant, on account of,—

(i)acquisition of such land under the Land Acquisition Act; or

(ii)resumption of such land by a soldier or a seaman for personal cultivation.

(2)The lands reserved for persons belonging to the Scheduled Castes and Scheduled Tribes shall be granted in accordance with such rules as may be prescribed.

(2A)Notwithstanding anything in any law, no land granted under this section shall be transferred by the grantee or his legal representatives for a period of fifteen years from the date of the grant except by way of mortgage in favour of a financial institution and for the purposes specified in subsection (2) of section 61.

(2B)The Deputy Commissioner or the authorised officer shall forward a copy of the order granting land under this section to the concerned SubRegistrar who shall, notwithstanding anything in the Registration Act, 1908 (Central Act 16 of 1908) or any other law, register the same.

(3)Notwithstanding anything contained in sub-section (1), the State Government may, if it considers that any land vesting in it is required for any public purpose, reserve such land for such purpose.

77A. Grant of land in certain cases.—

(1)Notwithstanding anything contained in this Act, if the Deputy Commissioner, or the or any other officer authorised by the State Government in this behalf is satisfied after holding such enquiry as he deems fit, that a person,-

(i)was, immediately before the first day of March, 1974 in actual possession and cultivation of any land not exceeding one unit, which has vested in the State Government under section 44; and

(ii)being entitled to be registered as an occupant of such land under section 45 or 49 has failed to apply for registrati n of occupancy rights in respect of such land under sub-section (1) of section 48A within the period specified therein; and

(iii)has continued to be in actual possession and cultivation of such land on the date of commencement of the Karnataka Land Reforms (Amendment) Act, 1997, he may grant the land to such person subject to such restrictions and conditions and in the manner, as may be prescribed.

(2)The provisions of sub-sections (2A) and (2B) of section 77 and the provisions of section 78 shall apply mutatis mutandis in respect of the grant of land made under sub-section (1).Provided that the land so granted together with the land already held by such person shall not exceed 2 hectares of D class of land or its equivalent thereto.

78. Purchase price of surplus land.—

(1)On the grant of land under section 77, the grantee shall have the option to deposit with the Tribunal the purchase price of the land so granted either in a lumpsum or in such annual instalments not exceeding twenty as the Tahsildar may determine, the first instalment becoming payable within such time as may be prescribed.

(2)The purchase price shall, in the case of,—

(i)A Class, B Class and C Class lands referred to in Part A of Schedule I be an amount equal to fifteen times, and

(ii)D Class land referred to in Part A of the said Schedule be an amount equal to twenty times the net annual income referred to in sub-section (2) of section 72 plus the amount, if any, payable under sub-section (4) of that section.]1

(3)Where the purchase price is payable in instalments, the amount outstanding after payment of each instalment shall bear interest at the rate of five and a half per cent per annum if the purchase price is paid by the grantee out of his own funds and no interest where the money for payment of the purchase price is advanced by the State Land Development Bank or a credit agency.

(4)All amounts due from the grantees shall be a first charge on the land granted and shall be recoverable as land revenue due on that land.

(5)Every grantee, who is granted surplus land shall be entitled to obtain assistance from the State Land Development Bank or from a credit agency as defined in the Karnataka Agricultural Credit operations and Miscellaneous Provisions Act, 1974 (Karnataka Act 2 of 1975) for the payment of the purchase price in accordance with such rules as may be prescribed.

(6)Notwithstanding anything contained in the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) the amount advanced to the grantee by the State Land Development Bank under sub-section (5) may be recovered by the State Government in the same manner as an arrear of land revenue and credited to the said Bank.

(7)The amount advanced to a grantee by the credit agency shall be deemed to be financial assistance within the meaning of the Karnataka Agricultural Credit Operations and Miscellaneous Provisions Act, 1974 (Karnataka Act 2 of 1975) for the purpose of recovery of dues under section 12 of the said Act and the provisions thereof shall, mutatis mutandis, apply in respect of the amount so advanced.

79. Management of surplus lands.—

The Tahsildar shall, subject to such rules as may be prescribed in this behalf, manage the surplus lands referred to in section 77, until they are disposed of under the said section, by making arrangements for the cultivation and protection by lease or otherwise.

Chapter V
Restrictions on holding or transfer of agricultural lands

79A. Acquisition of land by certain persons prohibited.—

(1)On and from the commencement of the the karnataka Land Reforms (Amendment) Act, 2015, no person who or a family or a joint family which has an assured annual income of not less than rupees two lakhs from sources other than agricultural lands shall be entitled to acquire any land whether as land owner, landlord, tenant or mortgagee with possession or otherwise or partly in one capacity and partly in another.

(2)For purposes of sub-section (1)—

(i)the aggregate income of all the members of a family or a joint family from sources other than agricultural land shall be deemed to be income of the family or joint family, as the case may be, from such sources;

(ii)a person or a family or a joint family shall be deemed to have an assured annual income of not less than rupees twenty five lakhs from sources other than agricultural land on any day if such person or family or joint family had an average annual income of not less than rupees twenty five lakhs from such sources during a period of five consecutive years preceding such day.

Explanation.—A person who or a family or a joint family which has been assessed to income tax under the Income Tax Act, 1961 (Central Act 43 of 1961) on an yearly total income of not less than rupees twenty five lakhs for five consecutive years shall be deemed to have an average annual income of not less than rupees two lakhs from sources other than agricultural lands.

(3)Every acquisition of land otherwise than by way of inheritance or bequest in contravention of this section shall be null and void.

(4)Where a person acquires land in contravention of sub-section (1) or acquires it by bequest or inheritence he shall, within ninety days from the date of acquisition, furnish to the Tahsildar having jurisdiction over the Taluk where the land acquired or the greater part of it is situated a declaration containing the following particulars, namely:—

(i)particulars of all lands;

(ii)the average annual income of himself or the family;

(iii)such other particulars as may be prescribed.

(5)The Tahsildar shall, on receipt of the declaration under sub-section (4) and after such enquiry as may be prescribed send a statement containing the prescribed particulars relating to such land to the Deputy Commissioner who shall, by notification, declare that with effect from such date as may be specified in the notification, such land shall stand transferred to and vest in the State Government without further assurance free from all encumbrances. From the date specified in such notification the Deputy Commissioner may take possession of such land in such manner as may be prescribe .

(6)For the land vesting in the State Government under sub-section (5), where the acquisition of the land was by bequest or inheritance, an amount as specified in section 72 shall be paid and where the acquisition was otherwise than by bequest or inheritance, no amount shall be paid.

79B. Prohibition of holding agricultural land by certain persons.—

(1)With effect on and from the date of commencement of the Amendment Act,except as otherwise provided in this Act,—

(a)no person other than a person cultivating land personally shall be entitled to hold land; and

(b)it shall not be lawful for,-

(i)an educational, religious or charitable institution or society or trust, other than an institution or society or trust referred to in subsection (7) of section 63, capable of holding property;

(ii)a company;

(iii)an association or other body of individuals not being a joint family, whether incorporated or not; or

(iv)a co-operative society other than a co-operative farm, to hold any land.

(2)Every such institution, society, trust, company, association, body or co-operative society,—

(a)which holds lands on the date of commencement of the Amendment Act and which is disentitled to hold lands under sub-section (1), shall, within ninety days from the said date, furnish to the Tahsildar within whose jurisdiction the greater part of such land is situated a declaration containing the particulars of such land and such other particulars as may prescribed; and

(b)which acquires such land after the said date shall also furnish a similar declaration within the prescribed period.

(3)The Tahsildar shall, on receipt of the declaration under sub-section (2) and after such enquiry as may be prescribed, send a statement containing the prescribed particulars relating to such land to the Deputy Commissioner who shall, by notification, declare that such land shall vest in the State Government free from all encumbrances and take possession thereof in the prescribed manner.

(4)In respect of the land vesting in the State Government under this section an amount as specified in section 72 shall be paid.Explanation.—For purposes of this section it shall be presumed that a land is held by an institution, trust, company, association or body where it is held by an individual on its behalf.

79C. Penalty for failure to furnish declaration.—

(1)Where a person fails to furnish the declaration under section 79A or section 79B or furnishes a declaration knowing or having reason to believe it to be false, the Tahsildar shall issue a notice in the prescribed form to such person to show cause within fifteen days from the date of service thereof why the penalty specified in the notice, which may extend to five hundred rupees, may not be imposed upon such person.

(2)If the Tahsildar on considering the reply, if any, filed is satisfied that the person had failed to furnish the declaration without reasonable cause or had filed it, knowing or having reason to believe it to be false, he may, by order, impose the penalty and also require such person to furnish within a period of one month from the date of the order a true and correct declaration complete in all particulars.

(3)If the person fails to comply with such order, his right, title and interest in the land concerned shall, as penalty, be forfeited to and vest in the State Government.

80. Transfers to non-agriculturists barred.—

(1)

(a)No sale (including sales in execution of a decree of a civil court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue), gift or exchange or lease of any land or interest therein, or

(b)no mortgage of any land or interest therein, in which the possession of the mortgaged property is delivered to the mortgagee, shall be lawful in favour of a person,—

(i)who is not an agriculturist, or

(ii)who being an agriculturist holds as owner or tenant or partly as owner and partly as tenant land which exceeds the limits specified in section 63 or 64; or

(iii)who is not an agricultural labourer; or

(iv)who is disentitled under section 79A or section 79B to acquire orhold any land:

Provided that the Deputy Commissioner having jurisdiction over the area or any officer not below the rank of an Deputy Commissioner authorised by the State Government in this behalf in respect of any area may grant permission for such sale, gift, or exchange, to enable a person other than a person disentitled to acquire or hold land under section 79A or section 79B who bona fide intend taking up agriculture to acquire land on such conditions as may be prescribed in addition to the following conditions, namely:—

(i)that the transferee takes up agriculture within one year from the date of acquisition of land, and

(ii)that if the transferee gives up agriculture within five years, the land shall vest in the State Government subject to payment to him of an amount equal to eight times the net annual income of the land or where the land has been purchased, the price paid for the land, if such price is less than eight times the net annual income of the land.

(2)Nothing in sub-section (1) shall apply to lands granted under section77.

81. Sections 79A, 79B, and 80 not to apply in certain cases.—

(1)Nothing in section 79A or section 79B or section 80 shall apply to,—

(a)the sale, gift or mortgage of any land or interest therein in favour of the Government: the Karnataka State Road Transport Corporation constituted under the Road Transport Corporation Act, 1950 (Central Act LXIV of 1950), the Karnataka Power Transmission Corporation Limited constituted under the Companies Act, 1956 the Karnataka Housing Board constituted under the Karnataka Housing Board Act, 1962 (Karnataka Act 10 of 1963), the Industrial Areas Development Board constituted under the Karnataka Industrial Areas Development Act, 1966 (Karnataka Act, 18 of 1966), the Karnataka Slum Clearance Board established under the Karnataka Slum Areas (Improvement and Clearance) Act, 1973, (Karnataka Act 33 of 1974) the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976), a Nagarabhivruddhi Pradhikara constituted under the Karnataka Nagarabhivruddhi Pradhikaragala Adhiniyama, 1987 (Karnataka Act 34 of 1987).

(b)the mortgage of any land or interest therein in favour of,—

(i)a co-operative society;

(ii)a financial institution;

(iii)Deleted;

(iv)Deleted

(v)Deleted;

(vi)any company as defined in section 3 of the Companies Act, 1956 (Central Act 1 of 1956) in which not less than fifty-one per cent of the paid up share capital is held by the State Government or the Central Government or both;

(vii)any corporation, not being a company as defined in section 3 of the Companies Act, 1956 (Central Act 1 of 1956) established or constituted by the State Government or the Central Government or both;

(viii)the Coffee Board constituted under the Coffee Act, 1942 (Central Act 7 of 1942), as security for any loan or other facility given by such society, bank, company, corporation or Board for agricultural purposes.

Explanation.—In this clause ‘agricultural purposes’ include making land fit for cultivation, cultivation of land, improvement of land, development of sources of irrigation, raising and harvesting of crops, horticulture, forestry,planting and farming, cattle breeding, animal husbandry, dairy farming, seed farming, pisciculture, apiculture, sericulture, piggery, poultry farming and such other activities as are generally carried on by agriculturists, dairy farmers, cattle breeders, poultry farmers and other categories of persons engaged in similar activities including marketing of agricultural products, their storage and transport and the acquisition of implements and machinery, in connection with any such activity;

(c)the sale of any land or interest therein referred to in clause (b) in enforcement of the said security;

(d)the sale of any land in favour of a sugar factory for purposes of research of seed farm or sale in favour of the Coffee Board constituted under the Coffee Act, 1942 (Central Act 7 of 1942).

(2)The institutions referred to in clause (b) of sub-section (1) acquiring land or interest therein shall dispose of the same by sale, within the prescribed period:Provided that pending such sale the land may be leased for a period not exceeding one year at a time and the lease shall stand determined when the land is sold or on the expiry of one year, whichever is earlier and notwithstanding anything to the contrary in this Act or in any other law for the time being in force the lessee shall not be entitled to any right other than as such lessee in the land.

(3)Any sale by the institution under this section shall be subject to the other provisions of this Act.

81A. Declaration to be made before the registering authority in certain cases.—

(1)No document relating to any transfer of land either by sale, gift, exchange, lease, mortgage with possession surrender, agreement, settlement, or otherwise, shall be registered unless a declaration in writing is made in duplicate in such form as may be prescribed and filed by the transferee before the registering authority under the Indian Registration Act, 1908 (Central Act XVI of 1908), as to the total extent of land held by him as also his assured annual income.

(2)The registering authority referred to in sub-section (1) shall forward within such time and in such manner as may be prescribed, one copy of the declaration referred to in sub-section (1), to the prescribed officer, within whose jurisdicti n the land which is the subject matter of the transfer or the major part thereof is situated.

(3)On receipt of the copy of the declaration under sub-section (2), the prescribed officer may obtain such information as may be necessary and take such action as he deems fit in accordance with the provisions of this Act, and in accordance with such rules as may be made in this behalf.

82. Reporting of illegal transactions.—

Every village officer and every officer of the Revenue, Registration and Land Records Departments shall report to the prescribed authority, every transaction in respect of any land in contravention of any of the provisions of this Act, as they stood before and as they stand after the date of commencement of the Amendment Act which comes to the notice of such officer.

83. Inquiry regarding illegal transactions.—

The prescribed authority shall, after a summary inquiry, determine whether the transaction reported to it under section 82 or coming to its notice in any other manner is in contravention of or is unlawful or invalid under the provisions of this Act,as they stood before or as they stand after the date of commencement of the Amendment Act and make a declaration accordingly. Any transaction so declared to be in contravention of or is unlawful or invalid under any of the provisions of this Act, as they stood before or as they stand after the date of commencement of the Amendment Act shall be null and void. The land in respect of which such transaction has taken place shall, as penalty, be forfeited to and vest in the State Government free from all encumbrances. No amount is payable therefor

Chapter VI
Provisions for cultivation of uncultivated lands

84. Uncultivated land may be required to be cultivated.—

Where the Assistant Commissioner having jurisdiction over any area in which any land is situated is satisfied that any land within such area has remained uncultivated for a period of not less than two consecutive years without sufficient cause, he may by notice served upon the land-owner and any other person entitled to be or in possession of the land require such persons to cultivate the land within one year from the date of service of such notice.

85. Power of Assistant Commissioner to lease out uncultivated land.—

If the land is not cultivated within one year from the date of service of the notice under section 84, the Assistant Commissioner may, after making such inquiry as may be prescribed, lease out the whole or part of such uncultivated land to any suitable lessee for a period not exceeding five years on the condition that the lessee shall pay such reasonable rent as the Assistant Commissioner may fix or on such other terms as can be secured.

86. Cancellation of the lease.—

Where the person to whom a lease has been granted under section 85, does any act referred to in sub-section (1) of section 22, the Assistant Commissioner may cancel the lease and grant a fresh lease to any other person on such terms and conditions as he thinks fit and the person whose lease is cancelled under this section shall forfeit all rights under his lease and shall also be liable to pay such sum by way of damages as may be determined by the Assistant Commissioner in each case. The sum so determined as damages shall be recoverable as arrears of land revenue.

87. Execution of lease, liability of land-owners, etc.—

(1)Every lease granted under this Chapter shall be executed by the Assistant Commissioner on behalf of the land-owner or other person entitled to be in possession of the land, and the lessee shall be liable to pay the rent specified in the lease to the person on whose behalf the lease was executed at the time and in the manner provided for in the lease.

(2)The land-owner or other person on whose behalf the land is leased out by the Assistant Commissioner shall, in respect of the services rendered by the State Government under this Chapter, be liable to pay to the State Government a sum equal to four times the land revenue payable on the land, and the said sum shall be recoverable as an arrear of land revenue.

(3)Subject to the provisions of sections 8 and 86, every lease executed by the Assistant Commissioner under this Chapter shall be valid and take effect according to its terms.

88. Delivery of possession after the period of lease.—

After the expiry of the period of the lease granted under this Chapter, the Assistant Commissioner shall take over possession of the land and deliver possession thereof to the person entitled to such possession.

Chapter VII
Co-operative farms

89. Formation of a Co-operative Farm.—

Any ten or more persons of a village or two or more contiguous villages holding between them, either as land-owners or tenants, rights in and possession over fifty acres or more in such village or contiguous villages and desiring to start a Co-operative Farm comprising the land so held and possessed by them may apply in writing in the prescribed form to the Registrar of Co-operative Societies in Karnataka (hereinafter referred to as the Registrar) for the registration thereof.Explanation.—More than one Co-operative Farm may be registered in any village under this Chapter.

90. Application for registration.—

An application for the registration of a Co-operative Farm shall be accompanied by extracts from the record of rights or other records showing the total area with the survey numbers of all the fields held by each of the applicants in the village or contiguous villages and shall contain such other particulars as may be prescribed.

91. Registration of Co-operative Farm.—

(1)After making such enquiry as may be prescribed, the Registrar shall, unless he is satisfied that it is not in the best interests of all concerned to do so, register the Co-operative Farm under the Karnataka Co-operative Societies Act, 1959, and grant a certificate of registration.

(2)The Registrar shall cause a copy of the certificate to be forwarded to the Deputy Commissioner for such action as may be prescribed.

92. Members’ land transferred to the farm.—

(1)When a Co-operative Farm has been registered as provided in section 91, the possession of all lands in the village or contiguous villages held by a member, in respect of which the Co-operative Farm is registered shall, for so long as the registration of the Co-operative Farm is not cancelled, stand transferred to the Co-operative Farm, which shall thereupon hold such land and may use it for agricultural purposes.

(2)If any person is admitted as a member of a Co-operative Farm after its registration, the possession of the lands held by and in the possession of such member in respect of which he becomes a member, shall stand transferred to the Co-operative Farm.

(3)No member of a Co-operative Farm shall withdraw his membership unless he satisfies such conditions as may be prescribe .

(4)On the withdrawal of membership of a Co-operative Farm by any person, the possession of the lands in respect of which he had become a member shall, subject to such restrictions and conditions as may be prescribed, be transferred by the Co-operative Farm to such person.

93. Consequences of registration.—

When a certificate of registration in respect of any Co-operative Farm has been granted as provided in section 91, the provisions of the Karnataka Co-operative Societies Act, 1959, and the rules made thereunder shall, so far as they are not inconsistent with the provisions of this Act or of the rules made thereunder, be applicable thereto.

94. Bye-laws of the Farm.—

Every application under section 90 shall be accompanied by a copy of the proposed bye-laws of the Co-operative Farm and such bye-laws shall be deemed to be the bye-laws required to be filed under the provisions of the Karnataka Co-operative Societies Act, 1959.

95. Amendment of the bye-laws by the Registrar.—

The Registrar may, at any time on an application made by a majority of the members of a Co-operative Farm, or on his own motion after giving notice to the Farm in such manner as may be prescribed, and after giving an opportunity to the Farm to be heard amend the bye-laws.

96. Land contributed to the Farm to continue to vest in the landowner thereof.—

Nothing in this Chapter shall be deemed to cause the right of ownership of a land-owner in the land contributed by or on his behalf to a Co-operative Farm to cease to vest in him.

97. Rights, privileges, etc., of members.—

Every member of a Cooperative Farm shall be entitled to such rights and privileges, be subject to such obligations and liabilities, and be bound to discharge such duties as may be prescribed.

98. Contribution by a member.—

Subject to such exceptions as may be prescribed, every member shall be bound to contribute to the Co-operative Farm to the extent and in the manner prescribed,—

(i)funds,

(ii)personal labour,

(iii)agricultural implements, agricultural stock, and such other articles as may be prescribed.

99. Liability of the Farm to land revenue and other dues.—

A Cooperative Farm shall, as from the date on which it is constituted, or the date on which a new member is admitted, be liable for the payment of all the land revenue, cesses, water rate, betterment contribution and local rates, payable by the land-owner in respect of the land, the possession of which is transferred to it under section 92.

100. Admission of new members.—

Any person, who is a resident of the village or contiguous villages in which a Co-operative Farm is situate may be admitted as a member thereof upon such terms and conditions as may be prescribed.

101. Heirs deemed to be members of the Farm.—

When a member whose land is held by a Co-operative Farm dies, his heirs shall be deemed to have become members of the Co-operative Farm.

102. Concessions and facilities for the Co-operative Farm.—

(1)A Co-operative Farm shall be entitled to such concessions and facilities as may be prescribed.

(2)Without prejudice to the generality of the foregoing provision, the prescribed concessions and facilities may include,—

(a)reduction of land revenue;

(b)reduction of or exemption from agricultural income tax;

(c)free technical advice from experts employed by the Government;

(d)financial aid and grant of subsidies and loans with or without interest; and

(e)priority in irrigation from State irrigation works.

(3)For purposes of this section, Co-operative Farm shall be deemed to include a co-operative society registered before the appointed day under the law relating to registration of co-operative societies, as a co-operative farming society.

Chapter VIII
Exemptions

103. Deleted;

104. Plantations.—

The provisions of section 38 section 63 other than sub-section (9) thereof, sections 64, 79A, 79B and 80, shall not apply to plantations.Explanation.—In this section ‘Plantation’ means land used by a person principally for the cultivation of plantation crop and includes,—

(i)any land used by such person for any purpose ancillary to the cultivation of such crop or for preparation of the same for the market; and

(ii)agricultural land interspersed within the boundaries of the area cultivated with such crop by such person. not exceeding such extent as may be determined by the prescribed authority as necessary for the protection and efficient management of such cultivation.

105. Deleted;

106. Amount payable to religious institutions etc.—

(1)In respect of the amount payable to a religious, charitable or other institution capable of holding property the provisions of sections 47, 50 and 51 shall have effect subject to the modifications specified in sub section (2).

(2)In respect of lands held by such institution and vesting in the State Government under the provisions of this Act the amount payable shall be an annuity to be paid so long as the institution exists, of a sum equal to the net annual income referred to in sub-section (2) of section 72. Towards the annuity so payable, the State Government shall issue a non-transferable and non-negotiable annuity bond.

(3)Where the land in respect of which the annuity payable under subsection (2) is subject to encumbrances,-

(a)if the value of the encumbrance is less than the amount of the annuity the holder of the encumbrance shall be paid in full from out of the amount of annuity and the balance shall be paid to the institution;

(b)if the value of the encumbrance is more than the amount of the annuity, five per cent of such value shall be paid from out of such amount till the value of the encumbrance is fully paid and the balance shall be paid to the institution;

(c)if there are more encumbrances than one, the amount under clauses (a) and (b) shall be distributed according to priority.

107. Act not to apply to certain lands.—

(1)Subject to the provisions of section 110, nothing in this Act, except section 8, shall apply to lands,—

(i)belonging to Government;

(ii)Deleted;

(iii)belonging to or held on lease or from a local authority, an Agricultural Produce Marketing Committee constituted under the Karnataka Agricultural Produce Marketing Regulation Act, 1966 (Karnataka Act 27 of 1966), a University establish d by law in India, a research institution owned or controlled by the State Government or theCentral Government or both an Agricultural Research Institution recognised by the State Government or the Central Government the Karnataka Bhoodhan Yagna Board established under the Karnataka Bhoodhan Yagna Act, 1963 (Karnataka Act 34 of 1963);

(iv)given as a gallantry award;

(iva)granted by the State Government to a Research Institution affiliated to a university established by law in India.]6

(v)used for such stud farms as are in existence on the 24th day of January 1971 and approved by the State Government,subject to such rules as may be prescribed;

(vi)used for the cultivation of linaloe;

(vii)held by the Coffee Board constituted under the Coffee Act, 1942 (Central Act 7 of 1942) for purposes of research, development or propoganda:

(viii)held by any corporation owned or controlled by the State Government or the Central Government or both;

(ix)leased by farmers to investors for management subject to the following conditions, namely:-

(1)Land shall not be converted by the investor for other purposes;

(2)Farmer shall continue to be the owner of the land;

(3)No damage shall be caused to the land;

(4)Investor should take up agriculture, agriculture connected activities and agriculture produce marketing/ export and value addition activities;

(5)Agribusiness activities shall be as per the Integrated Agri- business Development Policy, 2011 formulated by the Government of Karnataka.Provided that in the case of lands belonging to or held on lease from the Karnataka Bhoodhan Yagna Board, the exemption under this section shall not be applicable if such lands were in the possession of tenants on the date of donation to the said Board.Provided further that, notwithstanding anything contained in this subsection, the extent of land leased to a local authority, a committee, a University, an institution, or a Board, referred to in clause (iii) shall count for the purpose of determining the surplus land to be surrendered by the owner thereof.

(2)Notwithstanding anything in sub-section (1), no person shall, after the date of commencement of the Amendment Act acquire in any manner for the cultivation of linaloe, land of an extent which together with the land cultivated by linaloe, if any, already held by him exceeds ten units.

(3)In respect of every acquisition contrary, to sub-section (2), the provisions of sections 66 to 76 shall mutatis mutandis apply.

108. Lands taken under management of Court of Wards, etc.—

Subject to the provisions of section 110, nothing in the provisions of this Act except section 8 shall apply to lands taken under the management of the Court of Wards or of a Government officer appointed in his official capacity as a guardian under the Guardians and Wards Act, 1890, or to the lands taken under management temporarily by the civil, revenue or criminal courts by themselves or through the receivers appointed by them during the period of such management:Provided that,—

(a)in the case of a tenancy subsisting on the date of taking over the management, the provisions of section 44 shall apply and the land shall vest in the Government;

(b)in the case of a tenancy created during the period of management, when the land is released from such management, the tenant shall be dispossessed and the possession of the land shall be delivered to the person lawfully entitled to such possession

(c)with effect from the date on which such land is released from such management, all the provisions of this Act shall apply to such land.

109. Certain lands to be exempt from certain provisions.—

(1)Subject to such rules as may be prescribed and the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), the State Government may, by notification, exempt, any land in any area from the provisions of sections 63, 79A, 79B or 80 to be used for,—

(i)industrial development, the extent of which shall not exceed forty units;

Explanation.- "Industrial development" includes mining of minor minerals, whether specified or non-specified and stone crushing activity under the Karnataka Regulation of Stone Crushers Act, 2011 (Karnataka Act 8 of 2012).

(ii)educational institutions recognised by the State or Central Government to be used for non-agricultural purpose the extent of which shall not exceed eigth units;

(iii)places of worship to be specified by Government by notification which are established or constructed by a recognised or registered body for non-agricultural purpose, the extent of which shall not exceed two unit;

(iv)a housing project, approved by the State Government the extent of which shall not exceed twenty units;

(v)the purpose of horticulture including floriculture and agro based industries the extent of which shall not exceed forty units:

Provided that the Deputy Commissioner may also exercise the powers of the State Government under this sub-section, subject to the restrictions and in the manner specified therein, in respect of the land to be used for,-

(i)industrial development, the extent of which shall not exceed twenty units;

(ii)educational institutions recognised by the State or Central Government to be used for non-agricultural purpose the extent of which shall not exceed four units;

(iii)places of worship to be specified by Government by notification which are established or constructed by a recognised or a registered body for non-agricultural purpose, the extent of which shall not exceed half of a unit (2.22 acres);

(iv)a housing project, approved by the State Government the extent of which shall not exceed twenty units;

(v)the purpose of horticulture including floriculture and agro based industries the extent of which shall not exceed twenty units.

(1A)Notwithstanding anything contained in sub-section (1), the State Government may in public interest and for reasons to be recorded in writing, by notification and subject to the provisions of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and such restrictions and conditions as may be specified by it, exempt any extent of land from the provisions of sections 63, 79A, 79B or 80 for any specific purpose.

(1B)in cases where the land in any area, cannot be utilized for the purpose of industrial development, educational institutions, Places of worship, a Housing Project approved by the State Government or Horticulture purpose under sub-section (1) within the prescribed time, such land shall be surrendered to the land bank of the Government, failing which the exemption shall be cancelled and same be forfeited to the Government without paying compensation.Provided that the Deputy Commissioner other than the Deputy Commissioner of Bangalore Rural District and the Deputy Commissioner of Bangalore District, may subject to the restrictions and the manner specified in this sub-section exercise the power of the State Government to grant exemptions to an extent not exceeding half hectare of land.

(2)Where any condition or restriction specified in the notification under sub-section (1), has been contravened, the 1 State Government or as the case may be, the Deputy Commissioner may after holding an enquiry as it or he deems fit, cancel the exemption granted under that sub-section and the land in respect of which such cancellation has been made, shall, as penalty be forfeited to and vest in the State Government free from all encumbrances. No amount is payable therefore.Provided that, any of the Company or Organization, after a period of seven years from the date of obtaining permission under section 109, for the purpose of expansion of project or to tide over the financial crisis or for changing of land usages, submit application, which shall be considered by the High Power Committee headed by the Chief Secretary to Government subject to such conditions as deemed fit on case to case basis.

110. Certain lands to be not exempt from certain provisions.—

The State Government may, by notification, direct that any land referred to in sections 107 and 108, shall not be exempt from such of the provisions of this Act from which they have been exempted under the said sections.

Chapter IX
Procedure and jurisdiction of courts and appeals

111. Deleted;

112. Duties of Tahsildar and Tribunal.—

The duties and functions of the Tahsildar and Tribunal shall be as specified below:—

(A)Duties of Tahsildar.—

(a)to decide a dispute between the landlord and the tenant regarding the rent payable under sub-section (2) of section 9;

(b)to determine the compensation payable to a tenant under section 11;

(c)to declare the vesting in the State Government of the lands referred to in sub-section (6) of section 15 or section 20;

(d)not to order restoration of possession to the landlord on the tenant paying the arrears of rent together with the cost of proceedings under section 23;

(e)to determine compensation for trees payable under section 27;

(f)to order recovery of costs incurred on bunds and costs of proceedings under sub-section (2) of section 30;

(g)to grant certificate under sub-section (2) of section 37;

(h)to determine the reasonable price of land under sub-section (2) of section 39;

(i)to pass orders on application for possession under sub-section (3) of section 41;

(j)to order forfeiture of crops and payment of costs and penalty under sub-section (4) of section 41;

(k)to hold an inquiry and pass orders in cases relating to recovery of rent under section 42;

(l)to determine the amount payable under section 47 and also to prepare a statement of distribution of the amount under section 48B;

(m)to determine the encumbrances and arrange payment of amount under section 50;

(n)to issue a certificate, under section 55;

(o)to order forfeiture of the right, title and interest of a person in the land under sub-section (2) of section 58;

(p)to condone failure to cultivate personally under section 60;

(q)to pass order imposing penalty under section 66A;

(r)Deleted;

(s)to determine the compensation under section 71;

(t)to pass order imposing penalty and requiring a person to furnish a true and correct declaration under sub-section (2) of section 79C.

(u)to perform such other duties and functions as are imposed on the Tahsildar by any other provision of this Act or under any rule made thereunder.

(B)Duties of Tribunal.—

(a)to make necessary verification or hold an enquiry (including local inspection) and pass orders in cases relating to registration of a tenant as occupant under section 48A;

(b)to decide whether a person is a tenant or not;

(bb)to decide whether the land in respect of which an application under section 48A is made or in respect of which any question of tenancy is raised or involved, is or is not agricultural land; (bbb) to decide questions referred to it under section 133;

(bbbb)to issue interim orders under section 48C;

(bbbbb)determination of the land to be surrendered under section 67;

(c)to hold necessary enquiry (including local inspection) and pass orders in cases relating to registration of agricultural labourers as owners of dwelling houses and land appurtenant thereto under section 38;

(d)to perform such other duties and functions as are imposed on the Tribunal under the provisions of this Act or under any rule made thereunder.

113. Application of the Code of Civil Procedure.—

(1)Save as otherwise expressly provided in this Act, the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908) shall be applicable in respect of all applications and proceedings under this Act before the court.

(2)Deleted;

(3)Deleted;

114. Commencement of proceedings.—

Save as expressly provided by or under this Act, all enquiries and proceedings before the Tahsildar orthe Deputy Commissioner shall be commenced by an application which shall contain the following particulars:—

(a)the full name, age, profession, address and place of residence of the applicant and the opponent;

(b)a short description and situation of the property of which possession is sought, or the amount of the claim, as the case may be;

(c)the circumstances out of which the cause of action arose;

(d)a list of the applicant’s documents, if any, and of his witnesses, and whether such witnesses are to be summoned to attend or whether the applicant will produce them on the date of the hearing;

(e)such other particulars as may be prescribed.

115. Enquiries.—

(1)The Court shall exercise the powers, and shall as far as possible follow the procedure of a Court of Small Causes as provided in the law for the time being in force relating to the powers and procedure of such court, in making enquiries, recording of evidence and of decisions at such enquiries.

(2)For the purpose of any enquiry or proceedings under this Act, the Tribunal, the Deputy Commissioner or other officer of the Revenue Department may exercise all or any of the powers under The Karnataka Land Revenue Act, 1964 and shall follow such procedure as may be prescribed.

(3)In every enquiry in which the parties are heard before orders are passed, the orders shall be pronounced in open court after notice to the parties, and the decision of the Court or the Tribunal, the Deputy Commissioner or other officer intimated to the parties concerned by post.

116. Execution of orders.—

(1)Any sum the payment of which has been directed by an order of the Tahsildar or other authority shall be recoverable from the persons ordered to pay as an arrear of land revenue.

(2)An order of the Tahsildar or other authority awarding possession or restoring the possession or use of any land shall be executed in the same manner as an order passed by a revenue officer under the Karnataka Land Revenue Act, 1964.

116A. 116B. Deleted;

117. Deleted;

118. Appeals.—

(1)Deleted;

(1A)Deleted;

(2)From every order passed by the Deputy Commissioner or an officer authorised under sub-section (1) of section 77, or sub-section (1) of section 77A the Assistant Commissioner or the prescribed authority under section 83, an appeal shall lie to the Karnataka Appellate Tribunal and the order of the Revenue Appellate Tribunal on such appeal shall be final.

(2a)Deleted;

(2b)From every order passed by the Tahsildar, an appeal shall lie to the Assistant Commissioner and the order of the Assistant Commissioner on such appeal shall be final.

(3), (4), (5), (6) Deleted;

118A. Revision by the Divisional Commissioner.—

The Divisional Commissioner may of his own motion or on the application of any person at any time call for and examine the record of any order passed by the Assistant Commissioner against which no appeal lies or the record of any order passed or proceeding recorded by the Tahsildar for the purposes of satisfying himself as to the legality or propriety of such order or as to the regularity of such proceeding and may pass such order with respect thereto as he thinks fit:Provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard.

119. Stay of execution of orders.—

(1)The Deputy Commissioner or an officer or authority authorised under sub-section (1) of section 77 or the Assistant Commissioner or the prescribed authority under section 83,or the Tahsildar may at any time before the expiry of the period prescribed for appeal and pending the filing of the appeal, direct the stay of execution of any order passed by such officer or authority, as the case may be, for such period as it or he deems fit.

(2)Any authority before whom a case is pending in appeal may direct the stay of execution of the order appealed from for such period as it thinks fit.

(3)The officer or other authority directing such stay of execution of any order may impose such conditions, or order such security to be furnished, as it or he may think fit.

120. Deleted;

121. Orders in appeal.—

(1)The Karnataka Appellate Tribunal or the Assistant Commissioner in appeal may confirm, modify or rescind the order in appeal or its execution or may pass such other order as may seem legal and just in accordance with the provisions of this Act.

(2)The orders of the Karnataka Appellate Tribunal in appeal shall be executed in the same manner provided for the execution of orders under section 116.

121A. Revision by the High Court.—

The High Court may at any time call for the records of any order or proceeding recorded by the Appellate Authority under this Act or any other law for the purpose of satisfying itself as to the legality of such order or as to the regularity of such proceeding and may pass such order with respect thereto as it thinks fit; Provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard.

122. Limitation.—

Every appeal under this Act shall be filed within a period of sixty days from the date of the order of the Deputy Commissioner or an officer authorised under sub-section (1) of section 77 or the Assistant Commissioner or the Prescribed Authority or the Tahsildar when the party or the legal practitioner appearing on his behalf is present at the time the order is pronounced, and in other cases within a period of sixty days from the date on which the order is communicated to the party by post. The provisions of sections 4, 5, 12 and 14 of the Limitation Act, 1963, shall be applicable to such appeal.

122A. Review by the Tribunal.—

Where the Tribunal, either suo motu or otherwise, after such enquiry as it considers necessary is satisfied that an order under sub-section (1) of section 67 has been obtained by fraud, misrepresentation, or suppression of facts or by furnishing false, incorrect or incomplete declaration, it may, within a period of two years from the date of such order or within the 31st. day of December, 1995, whichever is later, reopen the case and pass such order with respect thereto as it thinks fit:Provided that no such order shall be made except after giving the person likely to be affected thereby a reasonable opportunity of being heard.

123. Court-fees.—

(1)Notwithstanding anything contained in the Karnataka Court-fees and Suits Valuation Act, 1958, every application or appeal made under this Act to the Court, Tahsildar Assistant Commissioner, Tribunal Deputy Commissioner, the District Court or the Karnataka Appellate Tribunal or other authority shall bear a court-fee stamp of such value as may be prescribed.

(2)Notwithstanding anything contained in the Karnataka Court Fees and Suits Valuation Act, 1958 (Karnataka Act 16 of 1958), no court fee shall be payable on every appeal treated as a writ petition by the High Court under section 17 of the Karnataka Land Reforms (Amendment) Act, 1990.

124. Enquiries and proceedings.—

All enquiries and proceedings before, the Deputy Commissioner, the Tribunal the Assistant Commissioner or the Tahsildar or the Karnataka Appellate Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code.

Chapter X
Offences and penalties

125. Offences and penalties.—

(1)Whoever contravenes any provision of any of the sections, mentioned in the first column of the following table shall, on conviction, by a magistrate, for each such offence be punished with fine which may extend to the amount mentioned in that behalf in the second column of the said table.

Section	Fine which may be imposed
1	2 (Rs.)
Section 12	1, 000
Section 33	500
Section 41	1, 000
Section 129	250

(1A)If any person who is under an obligation to furnish a declaration under sub-section (4) of section 66 refuses or fails to furnish a declaration within the period specified therefor under the said sub-section or furnishes a declaration which he knows or has reason to believe to be false or incomplete, he shall on conviction by a Magistrate be punished with imprisonment which shall be not less than six months but which may extend to one year or with fine which shall be five thousand rupees.

(2)Save as otherwise provided in sub-section (1A), if any person, who is under an obligation to furnish a declaration under Chapter IV or Chapter V, refuses or fails to furnish the declaration within the period specified therefore by or under this Act or furnishes any declaration which he knows, or has reason to believe, to be false, or incomplete, he shall, on conviction by a magistrate, be punished with fine which may extend to five hundred rupees and with an additional fine which may extend to ten rupees for every day after the first conviction, during which the offence continues.Explanation.—If a false, incorrect or incomplete declaration has been furnished, the offence shall be deemed to continue until a true, correct and complete declaration has been furnished.

(2A)If any person who is under an obligation to furnish any return, statement or information under this Act or any rule made thereunder, furnishes any return, statement or information which he knows or has reason to believe to be false, he shall, on conviction by a magistrate, be punished with fine which may extend to one thousand rupees.

(2B)If any person makes any declaration before the registering authority under sub-section (1) of section 81A, which he knows or has reason to believe to be false, he shall, on conviction by a magistrate, be punished with fine which may extend to one thousand rupees.

(2C)If any person contravenes any provision of this Act which is not punishable under any of the preceding sub-sections or wilfully contravenes any lawful order passed under this Act, he shall, on conviction by a magistrate, be punished with fine which may extend to five hundred rupees.

(2D)If any person, after the date of vesting in the Government of any land under any provision of this Act and before the disposal of such land under this Act, cuts or causes to be cut, trees on the land, or removes or causes to be removed any building, machinery, plant or apparatus constructed, erected or fixed on the land and used for agricultural purposes, or does or causes to be done any act likely to diminish the utility of the land, he shall, on conviction by a magistrate, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

(3)An offence for the contravention of the provisions of section 12, subsection (2) of section 33 or section 41 1or an offence punishable under subsection (2D) shall be cognizable.

Chapter XI
Miscellaneous

126. Application of Act to inams.—

For the removal of doubts it is hereby declared that the provisions of this Act in so far as they confer any rights and impose obligations on tenants and landlords shall be applicable to tenants holding lands in inam and other alienated villages or lands(including tenants referred to in section 8 of the Village Offices’ Abolition Act, 1961 but subject to the provisions of the said Act) and to landlords and inamdars holding lands in such villages or lands.

127. Legal assistance to poor tenants.—

Subject to such rules as may be made by the State Government, legal assistance may be provided by the State Government in proceedings under this Act to tenants whose pecuniary circumstances are such that legal assistance is in the opinion of the State Government required by such tenants.

127A. Maximum amount payable under the Act.—

Where a person is entitled to the payment of an amount under section 47 and also under section 72 other than under su -section (6) thereof, then notwithstanding anything contained in the said sections the amount payable to such person shall not in the aggregate exceed rupees two lakhs.

128. Disposal of fragments.—If as a result of vesting of any land in the Government or the grant of any land by the 1

Deputy Commissioner or otherwise under the provisions of this Act, any area in excess of the maximum extent of land which a person is entitled to hold under this Act remains as a fragment, the Deputy Commissioner may, having regard tothe efficient use thereof for agricultural purposes, and notwithstanding the provisions of section 63 or 64, permit such fragment to be held by the owner of such fragment.

129. Persons in possession not to be dispossessed except under lawful orders.—

(1)No landlord, tenant or other person lawfully in possession of land shall, save in accordance with any law for the time being in force, be dispossessed of such land by any person.

(2)If any person is dispossessed of any land in contravention of subsection (1), such person may within two years from the date of such dispossession apply in writing to the Tahsildar complaining of such contravention.

(3)On receipt of an application under sub-section (2), the Tahsildar shall after holding an enquiry, and without prejudice to any action under section 125, pass such order on the application as he deems fit including a direction to the person contravening sub-section (1) for the payment of such compensation to the person dispossessed as the Tahsildar may determine.

130. Summary eviction.—

Any person unauthorisedly occupying or wrongfully in possession of any land,—

(a)the transfer or acquisition of which either by the act of parties or by the operation of law, is invalid under the provisions of this Act; or

(b)to the use and occupation of which he is not entitled under the provisions of this Act and the said provisions do not provide for the manner of eviction of such person, may be summarily evicted from such land by the Tahsildar, after such inquiry as he deems fit and the Tahsildar may make such orders as regards the disposal of such land as he deems fit.

131. Deleted;

132. Bar of jurisdiction.—

(1)No civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by, the Deputy Commissioner, an officer authorised under sub-section (1) of section 77, the Assistant Commissioner, the prescribed authority under section 83, the Tribunal the Tahsildar, the Karnataka Appellate Tribunal or the State Government in exercise of their powers of control.

(2)No order of, the Deputy Commissioner, an officer authorised under sub-section (1) of section 77, the Assistant Commissioner, the prescribed authority under section 83, the Tribunal the Tahsildar, the Karnataka Appellate Tribunal, or the State Government made under this Act shall be questioned in any civil or criminal court.

133. Suits, proceedings, etc., involving questions required to be decided by the Tribunal.—

(1)Notwithstanding anything in any law for the time being in force,—

(i)no Civil or Criminal Court or officer or Authority shall, in any suit, case or proceedings concerning a land, decide the question whether such land is or is not agricultural land and whether the person claiming to be in possession is or is not a tenant of the said land from prior to 1st March 1974;

(ii)such Court or officer or Authority shall stay such suit or proceedings in so far as such question is concerned and refer the same to the Tribunal for decision;

(iii)all interim orders issued or made by such Court, officer or Authority, whether in the nature of temporary injunction or appointment of a Receiver or otherwise, concerning the land shall stand dissolved or vacated, as the case may be;

(iv)the Tribunal shall decide the question referred to it under clause (i) and communicate its decision to such Court, officer or Authority. The decision of the Tribunal shall be final.

(2)Nothing in sub-section (1) shall preclude the Civil or Criminal Court or the officer or authority from proceeding with the suit, case or proceedings in respect of any matter other than that referred to in that sub-section.]1

134. Control.—

In all matters connected with the administration of this Act, the State Government shall have the same authority and control over the Deputy Commissioner and other officers acting under this Act as it has and exercise over revenue officers in the general and revenueadministration.

135. Offences by companies.—

(1)Where an offence under this Act is committed by a company, the company, as well as every person in charge of, and responsible to the company for the conduct of its business at the time of the commission of the offence, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2)Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.Explanation.—For the purpose of this section,—

(a)“company” means a body corporate, and includes a firm or other association of individuals; and

(b)“director” in relation to a firm, means a partner in the firm.

136. Indemnity.—

No suit or other legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act.

137. Rules.—

(1)The State Government may, after previous publication, by notification, make rules for carrying out the purposes of this Act.

(2)In particular and without prejudice to the generality of the foregoing power, such rules may provide for the following matters:—

(i)Deleted;

(ii), (iii), (iv) Deleted;

(v)the manner of registering surrenders of tenancies in the office of the Tahsildar under sub-section (1) of section 25

(vi)the manner and the form in which a receipt is to be given by the landlord under sub-section (3) of section 33;

(vii)Deleted;

(viii)the period within which the price shall be deposited with the Tahsildar under sub-section (3) and the form of certificate to be issued under sub-section (4) of section 39;

(ix)the form of application to the Tahsildar under sub-section (1) of section 40;

(x)the form of application to the Tahsildar under section 41;

(xi)the form of application to the Tahsildar under section 42;

(xii)the form of public notice under sub-section (2) of section 48A;

(xiii)the number of instalments in which the amount payable under the bonds may be paid under section 51;

(xiv)Deleted;

(xv)the period within which and the form in which declaration under section 66 is to be filed;

(xvi)the enquiry to be made by the Tribunal and the period within which the statement is to be filed under sub-section (3) of section 67;

(xvii)the inquiry to be made under section 85;

(xviii)the form of application to the Registrar under section 89;

(xix)the other particulars to be prescribed under section 90;

(xx)the enquiry to be made under section 91;

(xxi)the conditions to be satisfied for withdrawal from membership under sub-section (3), and the restrictions and conditions to be prescribed under sub-section (4) of section 92;

(xxii)the manner of giving notice to a Co-operative Farm under section 95;

(xxiii)the rights and privileges to which a member of a Co-operative Farm is entitled, the obligations and liabilities to which he is subject and the duties he is bound to discharge under section 97;

(xxiv)the extent and manner of contributions by a member to a Cooperative Farm under section 98;

(xxv)the terms and conditions for admission of members to a Cooperative Farm under section 100;

(xxvi)the concessions and facilities to be given to a Co-operative Farm to be prescribed under section 102;

(xxvii)the court-fees to be prescribed under section 123;

(xxviii)the nature and extent of legal assistance to be given to tenants under section 127 and the conditions subject to which such assistance may be given;

(xxix)the returns to be furnished by the Deputy Commissioner and other officers entrusted with powers or functions under this Act, the forms in which books, entries and accounts shall be kept by the Deputy Commissioner and such other officers;

(xxx)the correction of errors and omissions in orders or decisions under this Act;

(xxxi)the fees payable for the grant of certificate, the inspection of records, the grant of copies or in respect of any function performed by any authority under this Act;

(xxxii)the method of serving notices and orders under this Act;

(xxxiii)any other matter expressly required or allowed by this Act to be prescribed;

(xxxiv)generally regulating the procedure to be followed and the forms to be adopted in proceedings under this Act;

(xxxv)the fines which may extend to fifty rupees to be incurred for contravention of any rule made under this Act;

(xxxvi)any other matter for which there is no provision or no sufficient provision in this Act and for which provision is, in the opinion of the State Government, necessary for giving effect to the purposes of this Act.

(3)In making rules under this section, the State Government may provide that a contravention of any rule shall be punishable with fine which may extend to one hundred rupees.

(4)A rule under this Act may be made with retrospective effect and when such rule is made the reasons for making the rule shall be specified in a statement laid before both Houses of the Legislature. Subject to any modification made under section 140, every rule made under this Act shall have effect as if enacted in this Act.

138. Act to prevail over other enactments.—

This Act and any rule, order or notification made or issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other enactment with respect to matters enumerated in List II and List III of the Seventh Schedule to the Constitution of India or in any instrument having effect by virtue of any such other enactment.

139. Removal of difficulties.—

(1)If any doubt or difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification, make such provisions as appear to it to be necessary or expedient for removing the doubt or difficulty.

(2)The provisions made by any notification under sub-section (1) shall, subject to the provisions of section 140, have effect as if enacted in this Act, and any such notification may be made so as to be retrospective to any date not earlier than the appointed day.

140. Rules and notification to be laid before the State Legislature.—

Every rule made under this Act and every notification issued under sections 109, 110 and 139 shall be laid as soon as may be after it is made or issued before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and, if, before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.

141. Tenure Abolition Acts.—

Nothing in this Act shall affect the provisions of any of the Land Tenures Abolition Acts, specified in Schedule II to this Act, in so far as such provisions relate to the conferment of the right of an occupant or grant of a ryotwari patta in favour of any inferior holder or tenant in respect of any land held by him.

142. Repeal and savings.—

(1)The enactments specified in Schedule III to this Act, and any other provision of law corresponding to the provisions of this Act, are hereby repealed:Provided that save as otherwise provided in this Act such repeal shall not affect,—

(a)the previous operation of the said enactments or provisions of law or anything duly done or suffered thereunder; or

(b)any right, privilege, obligation or liability acquired, accrued or incurred under the said enactments or provisions of law; or

(c)any penalty, forfeiture or punishment incurred in respect of any offence committed against the said enactments or provisions of law;

(d)any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment maybe imposed as if this Act had not been passed:

Provided further that any reference in any enactment or other law or in any instrument to any provision of any of the repealed enactments or provisions of law shall, unless a different intention appears, be construed as a reference to the corresponding provision of this Act.

(1A)Notwithstanding anything contained in sub-section (1) or in any law in force in any area of the State of Karnataka at any time before the commencement of this Act, the first proviso to the said sub-section or any other provision of law shall not be applicable in so far as the said proviso or provision of law will enable any person to evict from any agricultural land any agriculturist protected from eviction from any land in his possession by the Karnataka Tenants (Temporary Protection from Eviction) Act, 1961, and no such agriculturist shall be liable to be evicted from such land except in accordance with the provisions of this Act.

(2)Notwithstanding anything contained in sub-section (1), for the purpose of giving effect to the first proviso to the said sub-section, the State Government may, by notification, make such provision as appears to it to be necessary or expedient for making omissions from, additions to and adaptations and modifications to the rules, notifications and orders made or issued under the said repealed enactments or provisions of law.

Part A – See Section 2 (A) (35 A)- Classification of Lands

A ClassLands having facilities for assured irrigation from such Government canals and Government Tanks as are capable of supplying water for growing two crops of paddy or one crop of sugarcane in a year.B Class(i)Lands having facilities for assured irrigation from such Government Canals and Government Tanks as are 2 capable of supplying water for growing only one crop of paddy in a year.(ii)Lands irrigated by such lift irrigation projects constructed and maintained by the State Government as are 2 capable of supplying water for growing two crops of paddy or one crop of sugarcane in a year.C Class(i)Lands irrigated from any Government sources of irrigation, including lift irrigation projects constructed and maintained by Government other than those coming under A Class and B Class.(ii)Lands on which paddy crop can be raised or areca crop is grown with the help of rain water.(iii)Lands irrigated by lifting water from a river or Government canal or Government tank where the pumping installation or other devise for lifting water is provided and maintained by the land owner.Note:—

(1)Lands having facilities for irrigation from a Government source where the system of water supply is suitable for growing only light irrigated crop namely, crops other than paddy and sugarcane shall come under this class.

(2)Lands growing irrigated garden crop will come under Classes ‘A’, ‘B’ or ‘C’ as the case may be depending upon the source of irrigation and the system of water supply.D ClassLands classified as dry but not having any irrigation facilities from a Governmentsource.Note.—Lands growing paddy or garden crops not coming under A Class, B Class or C Class shall belong to this class.

Part B

Formula for determining equivalent extent of different classes:One acre of A class land having soil classification value above 8annas=1.3 acres of A Class land having soil classification value below 8annas=1.5 acres of B Class land having soil classification value above 8annas=2.0 acres of B Class land having soil classification value below 8annas=2.5 acres of C Class land having soil classification value above 8annas=3.0 acres of C Class land having soil classification value below 8annas=5.4 acres of D Class land.

i. The Bombay Personal Inams Abolition Act, 1952 (Bombay Act No. XLI of 1953).ii. The Bombay Service Inams (Useful to Community) Abolition Act, 1953 (Bombay Act No. LXX of 1953).iii. The Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 (Bombay Act No. XXXIX of 1954).iv. The Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955 (Bombay Act XXII of 1955).v. The Hyderabad Abolition of Inams Act, 1955 (Hyderabad Act VIII of 1955).vi. The Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Madras Act XXVI of 1948).vii. The Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 (Mysore Act 1 of 1955).viii. The Mysore (Religious and Charitable) Inams Abolition Act, 1955 (Mysore Act 18 of 1955).ix. The Bombay Pargana and Kulkarni Watans (Abolition) Act, 1950 (Bombay Act No. LX of 1950).x. The Karnataka Village Offices Abolition Act, 1961 (Karnataka ActNo. 14 of 1961).

i. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act No. LXVII of 1948).ii. The Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyderabad Act XXI of 1950).iii. The Mysore Tenancy Act, 1952 (Mysore Act XIII of 1952).iv. The Bombay Tenancy Suspension of Provisions and Amendment Act, 1957 (Karnataka Act No. 13 of 1957).v. The Coorg Tenants Act, 1957 (Karnataka Act No. 14 of 1957).vi. The Gulbarga, Mangalore and Kollegal Areas Tenancy Suspension of Provisions and Amendment Act, 1957 Karnataka Act No. 15 of 1957).vii. The Madras Cultivating Tenants Protection Act, 1955 (Madras Act XXV of 1955).viii. The Madras Cultivating Tenants Payment of Fair Rent Act, 1956 (Madras Act XXIV of 1956).ix. The Karnataka Tenancy Amendment and Continuance of Tenancies Act, 1957 (Karnataka Act No. 16 of 1957).x. Hyderabad Act I of 1336 Fasli.xi. The Karnataka Tenants Temporary Protection from Eviction Act,1961 (Karnataka Act 37 of 1961).

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