Section 5 in Karnataka Village Offices Abolition Act, 1961
5. Re-grant of land resumed under section 4 to the holder of the village office
(1)A land resumed under clause (3) of section 4 shall, in cases not falling under section 6 and section 7, be granted to the person who was the holder of the village office immediately prior to the appointed date (hereinafter referred to as the holder) on payment, by or on behalf of such holder to the State Government, of the occupancy price equal to three times in the case of holders of inferior village office and six times in the case of holders of other village offices, the amount of the full assessment of such land within the prescribed period and in the prescribed manner and the holder shall be deemed to be an occupant or holder of a ryotwari patta within the meaning of the Code in respect of such land and shall primarily be liable to pay land revenue to the State Government from the appointed date in accordance with the provisions of the Code and the rules and orders made thereunder; and all the provisions of the Code and the rules and orders relating to unalienated land or ryotwari land shall, subject to the provisions of this Act, apply to the said land:Provided that in respect of land which was not assigned under an existing law relating to the village office as the remuneration of the village office, an occupancy price equal to the amount of the full assessment of such land in the case of holders of inferior village offices and three times such amount in the case of holders of other village offices, shall be paid by or on behalf of the holder for its re--grant.(2)If there is a failure to pay the occupancy price under sub--section (1) within the prescribed period and in the prescribed manner, the holder shall be deemed to be unauthorisedly occupying the land and shall be liable to be summarily evicted therefrom by the Deputy Commissioner in accordance with the provisions of the Code.(3)The occupancy or the ryotwari patta of the land, as the case may be, re--granted under sub--section (1) shall not be transferable otherwise than by partition among members of Hindu Joint Family for a period of fifteen years from the date of re--grant made on or after the date of commencement of the Karnataka Village Offices Abolition (Amendment) Act, 2003.Provided that such occupancy or the ryotwari patta in respect of land granted to the holder of a village office in an enfranchised inam shall be transferrable with the previous sanction of the Deputy Commissioner which shall be granted on payment of an amount equal to fifteen times the amount of full assessment of the land.(4)Any transfer of land in contravention of sub--section (3) shall be null and void and the land so transferred shall, as penalty, be forfeited to and vest in the State Government free from all encumbrances and any person in possession thereof shall be summarily evicted therefrom by the Deputy Commissioner and the land shall be disposed of in accordance with the law applicable to the disposal of unoccupied unalienated lands:Provided that if the person who has transferred the land in contravention of sub--section (3) is not alive, while disposing of such land preference shall be given to the heirs of such person.Explanation.--For removal of doubts it is hereby declared that in sub--section (3), and in this sub--section transfer includes creation of a lease.(5)Nothing in sub--section (3) shall apply to transfer in favour of the State Government, a co--operative society and a bank as security for loans granted for improvements of such land or for raising crops on such land or for buying cattle or agricultural implements for the cultivation of such land.Explanation.--'bank' means,--(i)a banking company as defined in the Banking Regulation Act, 1949 (Central Act 10 of 1949);(ii)the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act 23 of 1955);(iii)a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act 38 of 1959);(iv)a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970);(v)a regional rural bank constituted under the Regional Rural Banks Act, 1976 (Central Act 21 of 1976);(vi)the Agricultural Refinance and Development Corporation constituted under the Agricultural Refinance and Development Corporation Act, 1963 (Central Act 10 of 1963);(vii)the Agricultural Finance Corporation Limited, a company incorporated under the Companies Act, 1956 (Central Act 1 of 1956).(6)Notwithstanding anything contained in any law for the time being in force, any agreement for transfer of land resumed under clause (3) of section 4, entered into prior to regrant thereof under sub--section (1), shall be null and void and any person in possession thereof in furtherance of such agreement shall be summarily evicted therefrom by the Deputy Commissioner.
